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AGENDA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, October 1, 2018
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
Study Session - None / Closed Session - 4:30 PM
Regular Meeting - 6:00 PM
MAYOR AND CITY COUNCIL
MIKE POSEY, Mayor
ERIK PETERSON, Mayor Pro Tem
PATRICK BRENDEN, Councilmember
BARBARA DELGLEIZE, Councilmember
JILL HARDY, Councilmember
WILLIAM O’CONNELL, Councilmember
LYN SEMETA, Councilmember
STAFF
FRED A. WILSON, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA CUTCHEN, City Treasurer
1
City Council/Public Financing Authority AGENDA October 1, 2018
Based on the lack of a Study Session and time needed to cover the Closed Session
items, the meeting will be called to order at 4:30 PM
4:30 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit)
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
18-3171.Mayor Posey to Announce: Pursuant to Government Code §
54957.6, the City Council takes this opportunity to publicly
introduce and identify designated labor negotiators: Fred A.
Wilson, City Manager, Peter Brown, outside counsel and Chief
Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager;
also in attendance: David Segura, Fire Chief, Robert Handy, Chief
of Police, Gilbert Garcia, Chief Financial Officer, Michele Warren,
Director of Human Resources regarding the following:
Huntington Beach Firefighters’ Association (HBFA), Municipal
Employees’ Association (MEA), Management Employees’
Organization (MEO), and Huntington Beach Police Officers’
Association (POA).
CLOSED SESSION
18-3772.Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Shay v. City of Huntington
Beach, et al.; USDC Case No.: 8:17-CV-00744-AG (JCGx).
18-3783.Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: City of Huntington Beach vs.
Surf City Beach Cottages, LP; Orange County Superior Court
Case No. 30-2016-00874885.
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City Council/Public Financing Authority AGENDA October 1, 2018
18-3884.Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Craig Bryant v. City of
Huntington Beach Workers’ Compensation Case Claim No.
COHB-92-0115.
18-3925.Pursuant to Government Code § 54957.6, the City Council shall
recess into Closed Session to meet with its designated labor
negotiators: Fred A. Wilson, City Manager, Peter Brown, outside
counsel and Chief Negotiator, Lori Ann Farrell-Harrison,
Assistant City Manager; also in attendance: David Segura, Fire
Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief
Financial Officer, Michele Warren, Director of Human Resources
regarding the following: Huntington Beach Firefighters’
Association (HBFA) and Municipal Employees’ Association
(MEA), Management Employees’ Organization (MEO), and
Huntington Beach Police Officers’ Association (POA).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
PLEDGE OF ALLEGIANCE
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance
any faith or belief. Neither the City nor the City Council endorses any particular religious
belief or form of invocation.
18-3046.Marsha Rechsteiner of Sts. Simon & Jude Catholic Church and
member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
18-3797.Mayor Posey to present commendations to members of the Air
Traffic Noise Working Group to thank them for their
participation.
18-3808.Mayor Posey to call on representatives from Orange County
Transportation Authority (OCTA) to introduce the on-demand
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City Council/Public Financing Authority AGENDA October 1, 2018
pilot program called “OC Flex.”
18-3819.Mayor Posey to call on members of the Huntington Beach Police
Officers’ Foundation who will present a check from the Constable
Classic Charity Golf Tournament to representatives from Talk
About Curing Autism (TACA).
18-38910.Mayor Posey to call on Huntington Beach Fire Chief David
Segura to proclaim National Fire Prevention Week October 7
through 13.
18-39311.Mayor Posey to call on Lindsey Zindroski from OC Makerspace,
Chris Whiteside, Executive Dean from Golden West College, and
John Hobson from Cielo to present a proclamation declaring
October 5 as National Manufacturers Day.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS (3 Minute Time Limit)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234
REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
CONSENT CALENDAR
18-36712.Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes
dated September 17, 2018, as written and on file in the Office of the City Clerk.
Recommended Action:
18-30813.Approve and authorize execution of a 10-year Lease Agreement
with Michael Ali, doing business as Zack’s Pier Plaza Beach
Concession
A) Approve the “Lease Agreement Between the City of Huntington Beach and Michael Ali,
DBA Pier Plaza Beach Concession;” and,
B) Authorize the Mayor, City Manager, and City Clerk to execute the agreement and other
related documents.
Recommended Action:
18-35314.Approve and authorize execution of Professional Services
Contracts for On Call Transportation Engineering Services with
Albert Grover & Associates, ADVANTEC Consulting Engineers,
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City Council/Public Financing Authority AGENDA October 1, 2018
Inc., and FPL and Associates, Inc., each in an amount not to
exceed $300,000
A) Approve and authorize the Mayor and City Clerk to execute a $300,000 “Professional
Services Contract Between the City of Huntington Beach and Albert Grover & Associates,
Inc. for On Call Transportation and Engineering Services;” and ,
B) Approve and authorize the Mayor and City Clerk to execute a $300,000 “Professional
Services Contract Between the City of Huntington Beach and ADVANTEC Consulting
Engineers, Inc. for On Call Transportation and Engineering Services;” and ,
C) Approve and authorize the Mayor and City Clerk to execute a $300,000 “Professional
Services Contract Between the City of Huntington Beach and FPL and Associates, Inc. for
On Call Transportation and Engineering Services.”
Recommended Action:
18-36315.Approve and authorize the Mayor and City Clerk to execute
Professional Services Contracts for As Needed Building Plan
Review Services with CSG Consultants, Inc., in the amount of
$550,000; and, West Coast Code Consultants, Inc., in the amount
of $200,000; and, approve an increase in the Community
Development Department’s Professional Services listing
Authority by $500,000
A) Approve the increase in the Community Development Department’s professional
services listing authority by $500,000 for plan check services to ensure compliance with
Administrative Regulation Number 228, Section 7.1; and ,
B) Approve and authorize the Mayor and City Clerk to execute a three (3) Year
“Professional Services Contract between the City of Huntington Beach and CSG
Consultants, Inc. for Building Plan Review Services” in the amount of Five Hundred and
Fifty Thousand Dollars ($550,000), as prepared and approved by the City Attorney; and ,
C) Approve and authorize the Mayor and City Clerk to execute a three (3) Year
“Professional Services Contract between the City of Huntington Beach and West Coast
Code Consultants, Inc. for Building Plan Review Services” in the amount of Two Hundred
Thousand Dollars ($200,000), as prepared and approved by the City Attorney.
Recommended Action:
18-33616.Approval and authorization of the implementation of three (3)
Tenant Based Rental Assistance (TBRA) Program Agreements
between the City and Interval House, Mercy House, and Families
Forward; and, approve increased budget appropriation
A) Approve and authorize the City Manager and City Clerk to execute a two-year “HOME
Recommended Action:
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City Council/Public Financing Authority AGENDA October 1, 2018
Recipient Agreement Between the City of Huntington Beach and Interval House” for the
implementation of a Tenant-Based Rental Assistance (TBRA) program; and,
B) Approve and authorize the City Manager and City Clerk to execute a two-year “HOME
Recipient Agreement Between the City of Huntington Beach and Mercy House” for the
implementation of a Tenant-Based Rental Assistance (TBRA) program; and,
C) Approve and authorize the City Manager and City Clerk to execute a two-year “HOME
Recipient Agreement Between the City of Huntington Beach and Families Forward” for the
implementation of a Tenant-Based Rental Assistance (TBRA) program; and,
D) Authorize the City Manager to sign all necessary documents to effectuate the
Agreement with Interval House, Mercy House and Families Forward, any future minor
amendments to contracts, and/or US Department of Housing and Urban Development
(HUD) documents, as approved as to form by the City Attorney; and ,
E) Approve an increased budget appropriation for the Affordable Housing In-Lieu Fee
Fund in the amount of $257,350 (Fund 217).
18-36817.Adopt Ordinance No. 4160 amending the Huntington Beach
Municipal Code by amending Section 2.76.010 thereof related to
exclusions from Competitive Service by adding the Classification
of Deputy Director of Community Development
(Approved for introduction September 17, 2018 - Vote: 7-0)
Adopt Ordinance No. 4160, “An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Amending Section 2.76.010 Thereof Related to
Exclusions From the Competitive Service” by adding the Deputy Director of Community
Development.
Recommended Action:
PUBLIC HEARING
18-33218.Public Hearing to consider approval of Substantial Amendment
No. 1 to Fiscal Year 2018-19 Annual Action Plan for the
Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) Programs; and, authorize
appropriation of funds (Continued from 9-17-18)
A) Approve Substantial Amendment No. 1 to the City of Huntington Beach Fiscal Year
2018-19 Annual Action Plan for the Community Development Block Grant (CDBG) and
HOME Investment Partnership Programs; and,
Recommended Action:
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City Council/Public Financing Authority AGENDA October 1, 2018
B) Authorize the City Manager to sign all necessary documents after review by the City
Attorney; and,
C) Approve appropriation of $94,718 of HOME program income to Fund 1220.
ORDINANCES FOR INTRODUCTION
18-33719.Approve for Introduction Ordinance No. 4155 amending Chapter
10.44 of the Huntington Beach Municipal Code (HBMC) relating to
oversized vehicles
Approve for introduction Ordinance No. 4155, “An Ordinance of the City of Huntington
Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to
Parking - Time Limits.” The Police Department is requesting the following changes be
made to the oversized vehicle ordinances to allow for the enforcement of these vehicles
and to meet the needs of our residents .
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Monday, October 15, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000
Main Street, Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA
AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS
AT
http://www.huntingtonbeachca.gov
Page 6 of 6
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City of Huntington Beach
File #:18-317 MEETING DATE:10/1/2018
Mayor Posey to Announce: Pursuant to Government Code § 54957.6, the City Council takes
this opportunity to publicly introduce and identify designated labor negotiators: Fred A.
Wilson, City Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-
Harrison, Assistant City Manager; also in attendance: David Segura, Fire Chief, Robert Handy,
Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele Warren, Director of Human
Resources regarding the following: Huntington Beach Firefighters’ Association (HBFA),
Municipal Employees’ Association (MEA), Management Employees’ Organization (MEO), and
Huntington Beach Police Officers’ Association (POA).
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City of Huntington Beach
File #:18-377 MEETING DATE:10/1/2018
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit:Shay v. City of
Huntington Beach, et al.;USDC Case No.: 8:17-CV-00744-AG (JCGx).
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City of Huntington Beach
File #:18-378 MEETING DATE:10/1/2018
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit: City of Huntington
Beach vs. Surf City Beach Cottages, LP; Orange County Superior Court Case No. 30-2016-
00874885.
City of Huntington Beach Printed on 9/26/2018Page 1 of 1
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City of Huntington Beach
File #:18-388 MEETING DATE:10/1/2018
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit: Craig Bryant v. City
of Huntington Beach Workers’ Compensation Case Claim No. COHB-92-0115.
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City of Huntington Beach
File #:18-392 MEETING DATE:10/1/2018
Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to
meet with its designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown,
outside counsel and Chief Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager; also
in attendance: David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief
Financial Officer, Michele Warren, Director of Human Resources regarding the following:
Huntington Beach Firefighters’ Association (HBFA) and Municipal Employees’ Association
(MEA), Management Employees’ Organization (MEO), and Huntington Beach Police Officers’
Association (POA).
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City of Huntington Beach
File #:18-304 MEETING DATE:10/1/2018
Marsha Rechsteiner of Sts. Simon & Jude Catholic Church and member of the Greater
Huntington Beach Interfaith Council
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City of Huntington Beach
File #:18-379 MEETING DATE:10/1/2018
Mayor Posey to present commendations to members of the Air Traffic Noise Working Group
to thank them for their participation.
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City of Huntington Beach
File #:18-380 MEETING DATE:10/1/2018
Mayor Posey to call on representatives from Orange County Transportation Authority (OCTA)
to introduce the on-demand pilot program called “OC Flex.”
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City of Huntington Beach
File #:18-381 MEETING DATE:10/1/2018
Mayor Posey to call on members of the Huntington Beach Police Officers’ Foundation who
will present a check from the Constable Classic Charity Golf Tournament to representatives
from Talk About Curing Autism (TACA).
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City of Huntington Beach
File #:18-389 MEETING DATE:10/1/2018
Mayor Posey to call on Huntington Beach Fire Chief David Segura to proclaim National Fire
Prevention Week October 7 through 13.
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City of Huntington Beach
File #:18-393 MEETING DATE:10/1/2018
Mayor Posey to call on Lindsey Zindroski from OC Makerspace, Chris Whiteside, Executive
Dean from Golden West College, and John Hobson from Cielo to present a proclamation
declaring October 5 as National Manufacturers Day.
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City of Huntington Beach
File #:18-367 MEETING DATE:10/1/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Robin Estanislau, CMC, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Approve and Adopt Minutes
Statement of Issue:
The City Council/Public Financing Authority regular meeting minutes dated September 17, 2018
require review and approval.
Financial Impact:
None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
September 17, 2018, as written and on file in the Office of the City Clerk.
Alternative Action(s):
Do not approve and/or request revision(s).
Analysis:
None.
Environmental Status:
Non-Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. September 17, 2018 CC/PFA Minutes
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, September 17, 2018
4:00 PM - Council Chambers
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:00 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 4:00 PM
ROLL CALL
Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Study Session
Item No. 1 — 18-172 PowerPoint communication submitted by Assistant to the City Manager, Antonia
Graham, dated September 14, 2018, and entitled Shared Mobility Devices: Policies and Best Practices.
Item No. 2 — 18-255 PowerPoint communication submitted by Assistant to the City Manager, Antonia
Graham, dated September 14, 2018, and entitled Electric Vehicle Charging Station Update.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — 1 Speaker
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Nima Daivari, Lime (formerly known as Lime Bike), Operations Manager, was called to speak and stated
his support for Study Session Item No. 1 — 18-172 regarding shared mobility best practices and
encouraged the City to be proactive in establishing regulations. (00:01:21)
STUDY SESSION
1. 18-172 Discussion held on shared mobility best practices and survey results
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Council/PFA Regular Minutes
September 17, 2018
Page 2 of 17
Assistant City Manager Lori Ann Farrell introduced Assistant to the City Manager Antonia Graham who
jointly presented a PowerPoint communication entitled Shared Mobility Devices: Policies and Best
Practices with slides titled: Background (2), What Are Shared Mobility Devices?, Existing Shared Mobility
Programs in the State, Survey, Docked Bike Share Programs, Enter the Age of Docklessness, Dockless
Shared E-Scooters, Existing Scooter Pilot Programs, Scooter Share Pilot Program - SFMTA Application
Assessments, Complex Questions About Shared Mobility, Opportunity, Shared Mobility Policy
Framework, Best Practices for Shared Mobility Operations, Huntington Beach Municipal Code; Police
Chief Robert Handy finished the PowerPoint presenting the last slides entitled: Public Safety Concerns,
CVC: 21220 - 21235, Drop Zones, Designated Lanes, Designated Areas, Company's Responsibilities,
Concerns, Staff Recommendations and Questions?.
Councilmember Delgleize and Assistant City Manager Farrell discussed drop zones, liability in case of
accident, potential revenue, and cost of enforcement and safety staffing. Chief Handy spoke about
impounding of bikes and scooters and associated problems, as well as the risk of riding by parked cars.
Councilmember Delgleize stated her support for extending the moratorium.
Mayor Pro Tem Peterson shared his observations of scooter use in Santa Monica, expressed his
concerns about having the program in Huntington Beach because, in his opinion, the cities allowing
shared mobility devices are more urban than Huntington Beach, and stated he would support extending
the moratorium, or an ordinance to prohibit, especially when considering the public safety aspect.
Councilmember Semeta expressed her support for continuing the moratorium because of public safety
issues and discussed with Chief Handy the greatest infraction issues which appear to be operators not
using helmets, unlicensed operators and operators not obeying traffic laws.
Councilmember O'Connell expressed his concerns related to increased police staffing to monitor and
enforce regulations, and stated his support for extending the moratorium.
Councilmember Hardy expressed her support for extending the moratorium as well as safety concerns.
Councilmember Hardy and Chief Handy discussed possible ways to enforce blocked or restricted zones
where the shared vehicles are not allowed.
Councilmember Brenden thanked staff and clarified that Nov. 16 was the expiration of the moratorium
and confirmed with Attorney Gates it could be extended 10 months at which time an Ordinance to
prohibit would be required. He also expressed his concerns regarding potential liability of the City.
2. 18-255 Update provided on Electric Vehicle Charging Station Program
Assistant to the City Manager Antonia Graham presented a PowerPoint communication entitled: Electric
Vehicle Charging Station Update with slides titled: Background, Electric Vehicle Future - Rapid Adoption,
EV Charging & The Grid, How do EV Charging Stations Work?, Types of EV Charging Stations, History
of EV Charging Stations in City, HB EV Charging Stations, Utilization of Charging Stations - City Owned,
Private Charging Infrastructure Within the City, Charging Station Expenditures & Revenue, Charging
Station Models - Pay to Use, Charging Station Models - Sponsor Model (Free Charging), SCE Charge
Ready Program, Assembly Bill No. 1236 (Chiu), Potential City Sites for Expansion, Challenges &
Opportunities, Next Steps and Questions?
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Council/PFA Regular Minutes
September 17, 2018
Page 3 of 17
Mayor Pro Tem Peterson and Assistant Graham discussed the City's responsibility for installing and
maintaining any charging stations at Central Library. Mayor Pro Tem Peterson requested a proposed
written policy, which would also address signage issues, before going through the RFP process.
Councilmember O'Connell thanked staff for the report, and discussed with Assistant Graham that it is not
currently known how many EVs are in the City, that individual businesses may install EV charging
stations if they believe it would benefit their customers, and it is not known if any gas stations within the
City are interested in adding EV charging stations.
Councilmember Brenden expressed his appreciation to staff for the report, shared his concerns about
site selections regarding private vs public location policies, and confirmed with staff that usage at existing
sites did not drop even when rates were increased. Councilmember Brenden also stated he was
surprised to see that EV charging stations are only a break-even operation for the City.
Councilmember Delgleize referred to a study by UCI and questioned if companies other than Southern
California Edison (SCE) are working with municipalities to provide charging stations, and staff confirmed
that presently it would appear that SCE is the biggest provider.
Mayor Posey stated his opinion that a fundamental question is whether electric fuel charging is a fuel or
a utility. City Manager Wilson confirmed with Mayor Posey that this is a topic that needs to evolve further
before reaching the RFP process.
RECESSED TO CLOSED SESSION — 5:09 PM
A motion was made by O'Connell, second Peterson to recess to Closed Session for Items 4 and 5. With
no objections, the motion carried.
CLOSED SESSION ANNOUNCEMENT(S)
3. 18-317 Mayor Posey Announced: Pursuant to Government Code § 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor
negotiators: Fred A. Wilson, City Manager, Peter Brown, outside counsel and Chief
Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance:
David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief
Financial Officer, Michele Warren, Director of Human Resources regarding the
following: Huntington Beach Firefighters' Association (HBFA), Huntington Beach
Police Officers' Association (POA) and Municipal Employees' Association (MEA).
CLOSED SESSION
4. 18-347 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Huntington Beach Police Officers’ Association (HBPOA) v. City of Huntington
Beach; Orange County Superior Court Case No. 30-2016-00884624.
5. 18-348 Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiators: Fred A. Wilson, City
Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-
Harrison, Assistant City Manager; also in attendance: David Segura, Fire Chief,
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Council/PFA Regular Minutes
September 17, 2018
Page 4 of 17
Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele
Warren, Director of Human Resources regarding the following: Huntington Beach
Firefighters’ Association (HBFA), Huntington Beach Police Officers’ Association
(POA) and Municipal Employees’ Association (MEA).
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:18 PM
ROLL CALL
Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Delgleize
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
6. 18-303 Kelly Frankiewicz, MDiv of Leisure World Community Church, Seal Beach and
member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
7. 18-341 Mayor Posey called on Victoria Alberty to present the Adoptable Pet of the Month.
8. 18-300 Mayor Posey proclaimed September as "Pain Awareness Month" and presented a
commendation to Lisa Lingle, Huntington Beach resident and volunteer with the
U.S. Pain Foundation.
9. 18-344 Mayor Posey called on Councilmember O’Connell, Police Chief Rob Handy and
Lieutenant David Deresznski to conduct a special presentation regarding the City’s
"Fallen Officers."
Orange County Undersheriff Don Barnes came forward to participate in the presentation of three “Fallen
Officers” being recognized with a sign and annual memorial:
HBPD Officer Leo Roy "LeRoy" Darst, End of Watch — 10/13/1928
Orange County Sheriff Deputy Ezra Stanley, End of Watch — 11/19/1940
HBPD Officer Leslie James Prince, End of Watch — 12/01/1974
Proclamations were issued for each fallen officer.
10. 18-345 Mayor Posey called on City Clerk Robin Estanislau to promote and proclaim
Tuesday, September 25, as Citywide Voter Registration Day.
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Council/PFA Regular Minutes
September 17, 2018
Page 5 of 17
City Clerk Estanislau invited local high school students Jenna Dyer, Huntington Beach High School
Senior, Bella Brennan, Ocean View High School Sophomore, and Anthony Tran, Marina High School
Senior, to share their appreciation and gratitude for the City's support in encouraging everyone to
engage in the government process. City Clerk Estanislau explained that staff representatives and high
school students plan to promote voter registration on September 25 during the lunch hour on campus,
and identified October 22, 2018 as the last day to register to vote in the November 6, 2018 election.
11. 18-346 Mayor Posey called upon HBReads Director Joe Dagley who presented a check to
the Huntington Beach Human Relations Task Force Chair, Angie Dahman.
Joe Dagley, HBReads One Book Director provided details about the HBReads program that has
operated for 12 years. He announced this year’s book selection as Double Luck: Memoirs of a Chinese
Orphan by Lu Chi Fa, and explained that HBReads is sharing fireworks sales proceeds with the
Huntington Beach Human Relations Task Force to show support for another local organization that
supports community diversity. Mr. Dagley presented a $2,500 check to Angie Dahman.
12. 18-340 Mayor Posey called on Director of Community Services, Marie Knight, who
presented the Mayor’s Award to Human Services Senior Supervisor, Randy
Pesqueira.
Director Knight described Mr. Pesqueira’s professional contributions during his 28 years of service, and
explained how he encourages his staff to think outside of the box to serve one more senior citizen.
Director Knight described his involvement with opening the Senior Center in Central Park, recognized by
the County of Orange and State of California as one of the most dynamic centers with a reputation for
excellence that serves an average of 500 seniors per day. She concluded by describing Mr. Pesqueira
as a bulldog when advocating for seniors, and someone who is very deserving of the Mayor's Award.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Administrative Item
Item No. 25 18-355 PowerPoint communication submitted by Assistant City Manager Lori Ann Farrell
entitled Succession Planning: Next Level Strategies for Recruiting Talent in the Public Sector.
PUBLIC COMMENTS (3 Minute Time Limit) — 10 Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Craig Sheets was called to speak and voiced his opinions about public safety issues across southern
California. (01:54:16)
Darren Ellis, resident of Huntington Beach, was called to speak and shared his opinions on Sober Living
Homes vs Transitional Housing. (01:57:04)
Judy Graham, Huntington Beach Municipal Employees Association Representative (HBMEA), was called
to speak and stated HBMEA's opposition to Administrative Item No. 25. 18-355 regarding exclusions
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from Competitive Service by adding the Classification of Deputy Director of Community Development.
(01:59:40)
Kathryn Levassiur, long-time resident of Huntington Beach, was called to speak and shared her support
for taxed and regulated Short-Term Rentals in Huntington Beach, and provided a brief history of the
efforts of the Short-Term Rental Alliance, including their website www.hbstra.org where further details
can be found. (02:01:27)
Stephen Knight, resident of Huntington Beach, was called to speak and shared his opinions on Sober
Living Homes vs Transitional Housing, and volunteered to be on a Task Force to share his knowledge.
(02:03:21)
Karen Jackle, Huntington Beach Tomorrow President, was called to speak and stated the support of
Huntington Beach Tomorrow for Councilmember Item No. 27. 18-352 regarding creation of a Jet Noise
Commission. Ms. Jackle also requested an update on the non-toxic pesticide project in Central Park.
(02:06:35)
Chris Roman, Rabbit Rentals Huntington Beach, was called to speak and shared his vision for having
Volkswagen bus rentals available to enhance the experience of City residents and visitors. (02:08:55)
Carole Ann Wall, representing Sand Dollars, an unincorporated non-profit association serving the City of
Huntington Beach, was called to speak and shared details about the October 13, 2018, Miss Huntington
Beach Scholarship Competition to be held at 3 pm at the Central Library Theater. More details are
available at www.misshb.us. (02:12:07)
Amory Hanson, 2018 Huntington Beach City Council candidate, was called to speak and shared some
history and his thoughts about the U. S. Constitution on this Constitution Day. (02:15:19)
Penny Patino, a resident since 2004, was called to speak and shared her opinion that the process and
noise of transporting and handling the trash from south of the Pier to 11th Street all night long is
degrading the quality of life for residents on the north side of the Pier. (02:17:53)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Mayor Pro Tem Peterson reported meeting with Justin Fleming, Huntington Beach Fire Department
Captain, and Councilmember O'Connell to discuss ways to possibly expedite negotiations.
Councilmember Delgleize reported attending an Orange County Transit Authority (OCTA) meeting where
it was announced that this coming weekend the Slater Avenue bridge over the 405 Freeway will be
closed for approximately a year for the 405 Freeway widening project. Alternate routes can be found on
the OCTA website, www.octa.net. Councilmember Delgleize also met with Justin Fleming, Huntington
Beach Fire Department Captain.
Councilmember Hardy reported receiving a message from the Huntington Beach Fire Authority, meeting
with representatives of the Huntington Beach Police Officers' Association, and attending the Coastal
Cities Group meeting at the League of California Cities Annual Conference.
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Councilmember O'Connell reported meeting with representatives of the Huntington Beach Firefighters'
Association and attending the League of California Cities Annual Conference where he was voted in to
represent Orange County.
Councilmember Brenden reported meeting with Justin Fleming, Huntington Beach Fire Department
Captain regarding labor negotiations, completing his AB1234 and AB1661 training at the League of
California Cities Annual Conference, meeting with the LAX Noise Group which was organized over 20
years ago, participating in a webinar on FAA issues, and that he will be attending a meeting of the Long
Beach Airport Advisory Committee.
Mayor Posey reported meeting with the Huntington Beach Firefighters' Association (HBFA)
representatives, attending the Orange County Transportation Authority Mayor's Forum where it was
announced that on-demand bus service will be provided for central Huntington Beach in October, co-
hosting the OC Public Safety Event with Supervisor Steel, attending the League of California Cities
Annual Conference and as a voting delegate for Huntington Beach voted in support of a Resolution of
Subsidiarity to establish local control, and attending the Chamber of Commerce AM Connect Breakfast
with Guest Speaker District Attorney Tony Rackauckas.
CITY MANAGER’S REPORT — None.
CONSENT CALENDAR
Councilmember Brenden pulled Consent Calendar Item No. 15 (18-343) for further discussion.
13. 18-351 Approved and Adopted Minutes
A motion was made by Peterson, second Semeta to approve and adopt the City Council/Public
Financing Authority regular meeting minutes dated September 4, 2018, as written and on file in the Office
of the City Clerk.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
14. 18-330 Approved the August 2018 City of Huntington Beach Strategic Plan Update
A motion was made by Peterson, second Semeta to approve the August 2018 Strategic Objectives
Update as contained within Attachment 1.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
15. 18-343 Approved the placement of a memorial plaque recognition for Father Christian
Mondor and Pastor Blaine "Sumo" Sato on Tower Zero on the Municipal Pier
Councilmember Brenden pulled this item to share a photo of the plaque, and to express gratitude to the
Community Service Commission for the speed with which they moved on this project, City staff who
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spent time to find the perfect location for the plaque at Tower Zero, and the Greater Huntington Beach
Interfaith Council for funding the project.
Councilmember Delgleize expressed appreciation to Councilmember Brenden's wife, Antoinette, for
assisting with this project, and the many ways she volunteers throughout the community to share her
expertise.
Mayor Posey stated his appreciation for the Greater Huntington Beach Interfaith Council and the annual
Blessing of the Waves event.
A motion was made by Brenden, second O’Connell to approve the placement of a memorial plaque
recognizing Father Christian Mondor and Pastor Blaine "Sumo" Sato as recommended by the
Community Services Commission, on Tower Zero on the Huntington Beach Municipal Pier.
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, O’Connell, and Semeta
NOES: None
OUT OF ROOM: Hardy
16. 18-293 Approved the escheatment of Unclaimed Funds Per Government Code Sections
50050-50057
A motion was made by Peterson, second Semeta to review and approve the transfer of $4,538.24 of
unclaimed funds from the City's Unclaimed Funds Liability Account to the City's Miscellaneous Revenue
Account #10000100.48550.10035209 in compliance with the Government Code Sections 50050-50057.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
17. 18-296 Adopted Resolution No. 2018-51 amending the Fiscal Year 2018/19 Budget to Carry
Over Unspent Appropriations from Fiscal Year 2017/18 for the Continuation of
Capital Improvement Program (CIP) Projects
A motion was made by Peterson, second Semeta to adopt Resolution No. 2018-51, "A Resolution of the
City Council of the City of Huntington Beach Amending the Fiscal Year 2018/19 Budget to Carry Over
Unspent Appropriations from Fiscal Year 2017/18", which incorporates and references the continuation
of funding. Exhibit A lists individual capital improvement projects and their respective carry over amounts
totaling $27,088,797.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
18. 18-245 Approved the purchase of a replacement fire engine with South Coast Fire
Equipment, Inc. and an ambulance; and, authorized the City Manager to enter into
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all documents and to complete any financial transactions necessary to lease
finance the purchase of the fire engine and ambulance
A motion was made by Peterson, second Semeta to approve the purchase of the replacement fire engine
with South Coast Fire Equipment, Inc. and an ambulance; and, authorize the City Manager to enter into
all documents and transactions necessary to lease finance the purchase of the fire engine and
ambulance.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
19. 18-320 Approved and authorized execution of Amendment #1 to Professional Services
Agreement with Wittman Enterprises, LLC to provide Emergency Paramedic and
Ambulance Billing Services and increase appropriations and professional services
authority accordingly
A motion was made by Peterson, second Semeta to adopt and authorize the Mayor and City Clerk to
execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Wittman
Enterprises, LLC" for Emergency Paramedic and Ambulance Billing Services; and, approve an additional
appropriation of $124,832 for the FireMed Administration business unit (10065401.69365); and, increase
the Fire Department's professional services authority by $398,607 to ensure compliance with
Administrative Regulation No. 228.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
20. 18-322 Approved additional appropriation for professional fire prevention inspection, plan
check, and environmental engineering services; and, approved and authorized
execution of Amendment #1 to Professional Services Agreement with Bureau
Veritas North America, Inc. in the amount of $420,669 for fire prevention inspection
and plan review services and increase professional services authority accordingly
A motion was made by Peterson, second Semeta to approve an appropriation of $300,000 for Fire
Prevention inspection, plan check and environmental engineering services; and, approve and authorize
the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the
City of Huntington Beach and Bureau Veritas North America, Inc. for Fire Prevention Inspection and Plan
Review Services;" and, increase the Fire Department's professional services authority by $420,669 to
ensure compliance with Administrative Regulation No. 228.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
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21. 18-323 Approved and authorized execution of a License Agreement between the City of
Huntington Beach and DCOR, LLC for a booster pump facility located at Pacific
Coast Highway and Warner Avenue
A motion was made by Peterson, second Semeta to approve the "License Agreement between the City
of Huntington Beach and DCOR, LLC for Booster Pump Facility at PCH/Warner"; and, authorize the
Mayor, City Manager, and City Clerk to execute the License Agreement and other related documents.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
22. 18-329 Approved and authorized execution of contract agreement with the City of
Westminster for use of the Westminster Firearm Training Facility
A motion was made by Peterson, second Semeta to approve and authorize the Mayor and City Clerk to
execute a two-year contract with the City of Westminster entitled "Indemnification and Hold Harmless
Agreement" to continue access and use of their Firearms Training Facility beginning on July 1, 2018.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
PUBLIC HEARING
23. 18-356 Continued to October 1, 2018 — Public Hearing to consider approval of Substantial
Amendment No. 1 to the Fiscal Year 2018-19 Annual Action Plan for the Community
Development Block Grant (CDBG) and HOME Investment Partnership
With no objections, the request to continue the Public Hearing for this item was approved.
24. 18-331 Public Hearing held; adopted Resolution No. 2018-53 approving an Annual
Assessment within the Huntington Beach Downtown Business Improvement
District (DTBID) for Fiscal Year 2018-2019; and, authorized appropriation of funds
Councilmember O'Connell recused himself because of financial interest in a downtown business, and left
the dais.
City Manager Fred Wilson introduced Deputy Director of Economic Development Kellee Fritzal who
presented a PowerPoint communication entitled 2018/2019 Downtown Business Improvement District
Renewal, with slides titled: Renewal Process, Public Hearing / Protests, Huntington Beach Downtown
Business Improvement District 2018-2019 Renewal, Downtown BID 2018-2019, 2017-1028
Accomplishments (2), Proposed Assessments, Current Huntington Beach Downtown Business
Improvement District Boundaries and Benefit Zones 1 & 2, Proposed Huntington Beach Downtown
Business Improvement District Boundaries and Benefit Zones 1 & 2, HB Downtown Business
Improvement District Assessment Formula, Proposed Budget: Income, Proposed Budget: Expenses,
Proposed Budget 2018-2019, 2018-2019 Goals, and Recommended Action.
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Councilmember Brenden and Director Fritzal discussed balance sheet numbers.
Mayor Posey and Director Fritzal discussed that the Downtown BID Board actually exceeded the
Finance Commission recommended reserve policy and will be looking at that issue in more detail this
next year. There was also discussion to clarify that tree trimming project costs were actually split 50%
with the City, and that there was again failure to provide a Balance Sheet.
Mayor Posey opened the Public Hearing.
Steve Daniel, owner of Rocky Mountain Chocolate Factory and 25-year member of the Downtown BID,
was called to speak and shared that the Downtown BID was organized to promote and market the
Downtown area and provide a safe, clean and inviting atmosphere. He stated support for continuing to
include Pacific City, 5th Street and Downtown as one team since the current Board has plans to make
the area bigger and better. (02:40:31)
Stenn Parton, Chief Retail Officer, DJM Capital, the owner, developer and operator of Pacific City and
Bella Terra, was called to speak and stated how proud DJM Capital is to have such a positive
relationship with the City of Huntington Beach and these two successful projects. Mr. Parton stated that
the retail and restaurant partners are the lifeblood of successful projects, and that all 67 business owners
at Pacific City have stated to him that they see no value from the BID fees they are required to pay in
order to get their business license. In many instances the BID events at Main Street and Pier Plaza
actually draw customers away from Pacific City. He further stated that if Main Street and Pier Plaza area
businesses were required to pay for the maintenance, security, marketing and events at Pacific City, they
would be asking where the value was for them, and encouraged City Council to logically redraw the
Downtown BID boundaries. (02:43:32)
Richard Thorpe, Owner of Pristine Porsche Motorsports on 5th Street for 40 years, and member of the
Downtown BID, was called to speak and stated that in the 14 years of BID membership he has paid a
total of $16,000 in fees but has not experienced any benefit. He stated his opinion that only the Main
Street and Pier Plaza businesses actually benefit from the BID, and his support for the Pacific City
business owners request to redraw the Downtown BID boundaries. (02:46:43)
Luis Lopez, Owner, OC Barbers Parlor on Main Street, was called to speak and stated his opposition to
being required to be a member of the Downtown BID. He shared his observation that Surf City Tuesday
Nights only helps the businesses on Main Street between Pacific Coast Highway and Orange Street. OC
Barbers Parlor is beyond Orange Street and does not benefit from Main Street and Pier Plaza events.
He expressed his frustration that when he has tried to participate in Surf City Nights he is told there is a
waiting list, yet businesses from other cities are allowed to have a booth. He further added that he is the
only one that picks up the trash, and deals with the homeless sleeping on the sidewalk, in front of his
business. (02:49:06)
Susan Worthy, M. E. Helme Antiques on Walnut Avenue, was called to speak and stated she has paid
the Downtown BID assessment for 14 years, and in her opinion, has received no benefit. The glossy
brochure produced when the BID was formed even shows her business at the wrong location so it is of
no use to her. She stated no one comes to clean the sidewalk or gutter in front of her business, and in
her opinion the BID only benefits the businesses on the first three blocks of Main Street and at Pier
Plaza, and she stated her opposition to continued Downtown BID assessments. (02:51:08)
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Kim Kramer, member of the Downtown BID, was called to speak and stated that of 342 BID members,
forty-seven percent (47%) have signed a petition to stop financially supporting the BID because they
don't perceive the benefits. Mr. Kramer further stated his support for redrawing the Downtown BID
boundaries to restore focus on the Downtown area. (02:54:25)
With no more public speakers, Mayor Posey closed the Public Hearing.
A motion was made by Posey, second Delgleize to amend the Downtown Business Improvement District
boundaries by removing Pacific City, Waterfront Properties (Hilton/Hyatt) and Pasea Hotel, and approve
annual assessment for the remaining businesses.
The motion carried by the following vote:
AYES: Posey, Brenden, Delgleize, and Hardy
NOES: Peterson, and Semeta
RECUSED/OUT OF ROOM: O’Connell
City Clerk Estanislau requested time to reconfigure the reportable protest percentages minus the Pacific
City and Waterfront Properties (Hilton/Hyatt), and Pasea Hotel. Council agreed to return to the item
when the amended percentage figures were ready to be announced.
Moments later, Councilmember O'Connell again left the dais, and City Clerk Estanislau announced that
the adjusted percentage of assessments protested for the Downtown BID (minus Pacific City, Hilton,
Hyatt, Pasea) is 16.94%, or $17,700 of the $104,510 projected assessment amount, and that the City
received 50 protests from the 270 businesses in the amended Downtown Business Improvement District
boundaries.
A motion was made by Posey, second Brenden to adopt Resolution No. 2018-53, "A Resolution of the
City Council of the City of Huntington Beach Approving An Annual Assessment Within the Huntington
Beach Downtown Business Improvement District For Fiscal Year 2018-2019" as amended by removing
Pacific City, and Waterfront Properties (Hilton/Hyatt) and Pasea Hotel from the Business Improvement
District boundaries; and, appropriate an additional $11,460 for a total of $121,460 into Fund 710 for
2018-2019.
The motion carried by the following vote:
AYES: Posey, Peterson, Brenden, Delgleize, Hardy, and Semeta
NOES: None
RECUSED/OUT OF ROOM: O’Connell
ADMINISTRATIVE ITEMS
25. 18-355 Approved Introduction of Ordinance No. 4160 amending the Huntington Beach
Municipal Code by amending Section 2.76.010 thereof related to exclusions from
Competitive Service by adding the Classification of Deputy Director of Community
Development; approval of Resolution No. 2018-54 modifying Salary and Benefits for
Non- Represented Employees by adding the Deputy Director of Community
Development Classification and establishing the Compensation, and authorized the
City Manager to execute the Employment Agreement between the City of
Huntington Beach and Jennifer Villasenor
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City Manager Fred Wilson introduced this item by briefly describing some of the issues related to
succession planning, including the fact that approximately one-third (1/3) of all employees are close to or
at retirement, and identifying ways to attract and retain quality employees.
City Manager Wilson asked Director of Human Resources Michele Warren to present a PowerPoint
communication entitled: Succession Planning: Next Level Strategies for Recruiting Talent in the Public
Sector with slides titled: The Silver Tsunami, Regional Impacts, Case In Point: Huntington Beach,
Succession Planning, Current HB Organizational Changes, Creation of a Deputy Director Structure
Within Departments, Deputy Director Community Development, Next Steps, Recommended Action and
Questions.
Mayor Pro Tem Peterson thanked staff for the presentation and stated his support for managed
succession planning in all departments.
Councilmember Hardy stated her support for recruiting talented employees, Items A & B, but explained
she would not be supporting Item C because in her opinion it is short-circuiting the established hiring
process and possibly creating a unacceptable precedent.
Councilmember Delgleize and Director Warren discussed that the recruitment process used, whether
open and competitive or appointed, is usually determined by the Department Director with the approval
of the City Manager, and therefore can be different for each position.
Councilmember O'Connell stated his support for succession planning, Items A and B, which includes an
open and fair process, and his opposition to Item C.
Councilmember Semeta stated her support for succession planning, and added her opinion that when
there is an employee that has a unique skill set with proven performance they should be retained.
Mayor Pro Tem Peterson explained that the process being considered is foreign to union-based
organizations but very typical in the private business sector. This process allows for a director to place
someone in a position to mentor and possibly fulfill a future management position. Mayor Pro Tem
Peterson supports this item because the specific situation is at the request of the Department Director
and City Manager, and approval will provide a clear pathway for future employee promotions.
Councilmember Brenden stated that in his opinion there are good pro and con arguments being made,
but he is concerned about a fair process as well as the fact that this process will likely lead to inflated
salaries which is not the fiscally responsible thing to do at this time.
Councilmember O'Connell stated that his experience in the business sector is that the best talent will rise
up through the ranks.
Mayor Posey stated that in his 30+ years of experience in the business sector, succession planning is
part of a good business plan which includes looking at subordinates and even competitors to identify the
senior management potential replacements if needed. In his opinion a good succession plan includes
identifying the skill set that is required as well as the path to succeed, and should prevent an
"emergency" hiring situation like this one. Mayor Posey stated his support for Items A, B, and C in this
situation.
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A motion was made by Delgleize, second Peterson to approve for introduction Ordinance No. 4160, "An
Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by
Amending Section 2.76.010 Thereof Related to Exclusions From the Competitive Service" by adding the
Deputy Director of Community Development; and, adopt Resolution No. 2018-54, "A Resolution of the
City of Huntington Beach Modifying Salary and Benefits for Non-Represented Employees by Adding the
Deputy Director of Community Development" classification and establishing the compensation.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
A motion was made by Posey, second Peterson to authorize the City Manager to execute the
"Employment Agreement Between the City of Huntington Beach and Jennifer Villasenor."
The motion carried by the following vote:
AYES: Semeta, Peterson, Posey, and Delgleize
NOES: O’Connell, Hardy, and Brenden
COUNCILMEMBER ITEMS
26. 18-349 Approved Item Submitted by Mayor Pro Tem Peterson and Councilmember Semeta
— Violations and Abuses Related to In-Home Businesses
Mayor Pro Tem Peterson introduced this item, related to concerns about quality of life and public safety
issues due to illicit in-home businesses, including the possibility of utilizing a temporary independent
subject-matter expert.
City Attorney Gates described that many cities are looking at effective ways to regulate illicit in-home
businesses using existing laws, and he has been consulting with other legal experts and other city
attorneys on this matter. The process is expected to be a collaboration between the City prosecuting at
the civil level and the District Attorney's Office prosecuting at the criminal level. The City's Code
Enforcement officers already have a lot of data, and working with the District Attorney's Office will
provide an effective approach using existing regulations.
Councilmember Semeta stated that as an elected official she has an obligation to do what it takes to
preserve quality of life for all residents and expressed her interest in being able to review a detailed
proposal on how this issue of residential illicit businesses could be addressed.
Councilmember Delgleize confirmed with City Attorney Gates that if approved, this item would allow his
office to provide an overview of the issues and proposed solutions.
Councilmember Brenden read aloud part of the supporting documentation for this item, and shared his
concerns about the item being discriminatory. City Attorney Gates explained the path his office will take
to address all, not just one specific segment of illicit residential businesses.
Councilmember O’Connell expressed concerns about government overreach, and City Attorney Gates
reiterated that the program would not have a negative impact law-abiding citizens and businesses.
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A motion was made by Semeta, second Peterson to direct the City Attorney to return to the City Council
with a proposal for an increased investigation of illicit, State and/or local law violating, unlicensed, and/or
nuisance in-home businesses as outlined above, including the possibility of engaging an independent
contractor(s) to assist with investigative and enforcement efforts.
The motion carried by the following vote:
AYES: Posey, Peterson, Delgleize, Hardy, O’Connell, and Semeta
NOES: Brenden
27. 18-352 Approved Item Submitted by Councilmembers Brenden and Delgleize — Creation of
Jet Noise Commission
Councilmember Delgleize acknowledged the residents who stepped forward to become part of the
committee to address the airport jet noise issues within the City. At this point, in her opinion, it is evident
that this is a long-term effort that would best be served by a commission.
Councilmember Brenden stated that resounding support from residents for a commission was expressed
at the last Council meeting, and residents need a voice to protect quality of life when the Federal Aviation
Administration (FAA) is making decisions. He further stated his opinion that if the City doesn't have a
voice at the table, Huntington Beach could be negatively impacted by the voices of surrounding cities.
Councilmember O'Connell expressed his appreciation to Councilmembers Delgleize and Brenden for
their efforts on the committee and acknowledged that jet noise is a huge problem for many areas of
Huntington Beach and stated his support for this item.
Mayor Posey also thanked Councilmembers Delgleize and Brenden for their leadership on this issue,
and stated his support for this item.
A motion was made by Brenden, second O’Connell to direct the City Manager to work with the City
Attorney to amend the Municipal Code to create a Jet Noise Commission and work with the City Council
Liaisons to craft application guidelines for the Commission Members within the next 90 days.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized)
Mayor Pro Tem Peterson thanked Chris Markle and the Waves of Valor Surf Camp volunteers for the
awesome opportunity for veterans to enjoy the beach and an opportunity to surf, reported attending the
Patriots Day Ceremony at City Hall, and thanked Police Chief Handy and Fire Chief Segura for an
opportunity that City staff could observe.
Councilmember Delgleize reported attending the Stacey Middle School Gymnasium grand opening, and
thanked the cities of Westminster and Huntington Beach for making this possible.
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Councilmember Semeta reported attending the Blessing of the Waves, and Patriot Day Ceremony at City
Hall, and the American Legion Post 133 Patriot Date Ceremony at Pier Plaza.
Councilmember Hardy reported attending the 50th Anniversary (1968 — 2018) Huntington Beach Police
Department's Air Support Unit event, and expressed happy birthday wishes to Mayor Posey.
Councilmember Brenden reported attending Patriot Day Ceremonies, a VisitHB meeting, the League of
California Cities Annual Conference, participating in a pickleball training class, participating in the
Coastal and Inner-Coastal Cleanup Day at Central Park, attending the 50th Anniversary (1968 — 2018)
Huntington Beach Police Department's Air Support Unit celebration, and he thanked everyone who had a
part in the Kiwanis Golf Tournament. He also expressed happy birthday wishes to Mayor Posey, belated
happy birthday wishes to Councilmembers Hardy and Delgleize, and birthday wishes to his wife
Antoinette.
Councilmember O'Connell reported attending the 30th Annual Senior Saturday Community Festival at
Pier Plaza, the Patriot Day Ceremony by Post 133 at Pier Plaza, the Kiwanis Golf Tournament, and the
50th Anniversary (1968 — 2018) Huntington Beach Police Department's Air Support Unit celebration.
Mayor Posey thanked Mayor Pro Tem Peterson for attending the Waves of Valor Surf Camp in his place,
and reported attending the 30th Annual Senior Saturday Community Festival at Pier Plaza, the OC
Public Safety Event with Supervisor Steel in Huntington Beach Council Chambers, the Blessing of the
Waves sponsored by the Huntington Beach Interfaith Council, the Octoberfest Opening Day Fundraiser
to benefit Kiwanis of Huntington Beach at Old World, the Patriot Day Ceremonies at City Hall and Pier
Plaza, the Townsend Public Affairs Celebrating 20 Years event, Surf City Day, the 50th Anniversary
(1968 — 2018) Huntington Beach Police Department's Air Support Unit event, and announced the next
Mayor's Town Hall meeting on Sober Living Homes and Federal, State, and County legislation which will
take place on September 20th, plus the California Surfing Day celebration on the north side of the Pier
on the same date, and that he will be delivering a Mayor's Fast Pitch in Irvine to explain to the business
community why Huntington Beach is a great place to do business.
Councilmember Delgleize thanked Mayor Posey for the excellent OC Public Safety Event with
Supervisor Steel to an overflow crowd in Council Chambers.
ADJOURNMENT — 8:56 PM
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, October 1, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
_____________________________________
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Secretary of the Public Financing Authority
of the City of Huntington Beach, California
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September 17, 2018
Page 17 of 17
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
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City of Huntington Beach
File #:18-308 MEETING DATE:10/1/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approve and authorize execution of a 10-year Lease Agreement with Michael Ali, doing
business as Zack’s Pier Plaza Beach Concession
Statement of Issue:
The City Council is asked to approve a 10-year “Lease Agreement between the City of Huntington
Beach and Michael Ali, doing business as Pier Plaza Beach Concession” (i.e. "Zack’s") to operate a
beach concession located at 405 Pacific Coast Highway.
Financial Impact:
The revenue generated from the lease in the first year is estimated to be $87,000. The revenue
generated from the lease in subsequent years is estimated to be $96,000 to the General Fund.
Recommended Action:
A) Approve the “Lease Agreement Between the City of Huntington Beach and Michael Ali, DBA Pier
Plaza Beach Concession;” and,
B) Authorize the Mayor, City Manager, and City Clerk to execute the agreement and other related
documents.
Alternative Action(s):
Do not approve the lease agreement and direct staff accordingly.
Analysis:
On November 2, 1998, the City Council approved a concession agreement awarding a lease
(“Original Agreement”) and operations of a concession stand at Pier Plaza. The Original Agreement
was for an initial term of five (5) years along with three (3) additional five (5) year terms ending on
October 31, 2018 for a total of 20 years. The Original Agreement was amended in 2013 to prohibit
the use of non-recyclable materials. The Economic Development Committee (EDC) reviewed the
Lease and recommended negotiating a new 10-year agreement, with renovations to the site in 2018 .
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File #:18-308 MEETING DATE:10/1/2018
Staff has negotiated a new lease agreement according to the following terms:
·10-year term;
·Any proposed modifications require Office of Business Development approval prior to
submittal of construction plans;
·Any proposed modifications to the exterior must comply with all City, State, and Federal codes
and regulations;
·Rent credit is only available for modifications having received prior approval from the City;
and,
·A minimum of 200 days open.
The rent generated by the lease agreement consists of a percentage share of the sales of all
merchandise, goods, and services conducted on the premises as summarized below.
The percentage of the sale of merchandise, goods, and services for the first year will remain the
same as the current lease. The percentages are:
YEAR 1
Sales Volume Percentage Rate
$1.00--$100,000.00 10.5%
$100,001.00--$200,000.00 12.5%
$200,001.00 and greater 14.5%
Beginning in the second year until the expiration of the new lease the percentage rates are as
follows:
YEAR 2-10
Sales Volume Percentage Rate
$1.00--$100,000.00 11.0%
$100,001.00--$200,000.00 13.0%
$200,001.00 and greater 15.0%
Environmental Status:
Not applicable
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. “Lease Agreement between the City of Huntington Beach and Michael Ali, doing business as
Pier Plaza Beach Concession”
2. Certificate of Insurance
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City of Huntington Beach
File #:18-353 MEETING DATE:10/1/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Approve and authorize execution of Professional Services Contracts for On Call
Transportation Engineering Services with Albert Grover & Associates, ADVANTEC Consulting
Engineers, Inc., and FPL and Associates, Inc., each in an amount not to exceed $300,000
Statement of Issue:
The Public Works Department requires on call transportation engineering services to support and
supplement staff for the design of capital improvement projects which are identified in the annual
capital improvement program.
Financial Impact:
The City’s adopted FY 2018/19 Capital Improvement Programs (CIP) Budget totals $24.7 million for
approved projects citywide. Each approved CIP project has a budget containing sufficient funding for
design, environmental, engineering, construction, project management and other required costs. The
three (3) recommended transportation engineering service contracts have a total maximum value of
$900,000 over the next three years, and individual tasks will be funded on an as-needed basis within
each project’s individual CIP budget. As such, no additional funding is required by this action.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute a $300,000 “Professional Services
Contract Between the City of Huntington Beach and Albert Grover & Associates, Inc. for On Call
Transportation and Engineering Services;” and,
B) Approve and authorize the Mayor and City Clerk to execute a $300,000 “Professional Services
Contract Between the City of Huntington Beach and ADVANTEC Consulting Engineers, Inc. for On
Call Transportation and Engineering Services;” and,
C) Approve and authorize the Mayor and City Clerk to execute a $300,000 “Professional Services
Contract Between the City of Huntington Beach and FPL and Associates, Inc. for On Call
Transportation and Engineering Services.”
Alternative Action(s):
Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects
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could be delayed until new contracts are approved.
Analysis:
On November 28, 2017, the City advertised a Request for Qualifications (RFQ) for On-Call
Engineering and Professional Consulting Services. Proposals were requested and submitted in
compliance with Chapter 3.03 of the Huntington Beach Municipal Code.
Eleven (11) proposals were received for transportation engineering services. In accordance with
qualifications based selection procurement per the Federal “Brooks Act,” State SB 419, and the City
of Huntington Beach Municipal Code Section 3.03 “Professional Services,” the Public Works
Department established a review board. Proposals were evaluated and ranked by a three (3)
member panel review team established by the Public Works Department. The reviewers were a
Principal Civil Engineer, a Senior Civil Engineer, and a Public Works Contract Administrator. After
conducting the entire evaluation process, including negotiating for competitive rates, the top three (3)
firms were selected, and they are Albert Grover & Associates, ADVANTEC Consulting Engineers,
Inc., and FPL and Associates, Inc. Retaining three firms provides an opportunity for competitive
proposals on individual projects from qualified on-call consultants and provides a broader range of
technical expertise. A summary of evaluation sheets for the top (3) firms, and the fourth (4th) firm not
selected are shown in Attachment 4.
The contracts recommended in this Request for Council Action (RCA) are to support staff for
transportation engineering. These services have historically been utilized to supplement City staff to
meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique
projects or studies. It is anticipated that these services will be required based on past years. Each
project is evaluated on a case-by-case basis to determine if these as-needed contract services are
necessary and whether appropriate funds have been budgeted in the applicable fiscal year.
The City’s Capital Improvement Program (CIP) Fiscal Year 2018/19 CIP totals $24.7 million in new
projects. Typical design and construction support costs from use of consultants on a CIP project can
vary between ten (10) to twenty (20) percent of total costs for a CIP project. Therefore, it is practical
to conservatively estimate minimum annual consultant costs would be approximately $2.4 million to
the City for total CIP projects or $6 million within the next three (3) years.
Transportation engineering services are typically required for signal improvements, signing and
striping, street lighting, and signal synchronization related CIP projects. Therefore, these consultants
were selected to meet projected workload over the next three years with a total contract limit of
$900,000.
This agenda item does not require Public Works Commission action.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
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Attachment(s):
1. Professional Services Contract between the City of Huntington Beach and Albert Grover &
Associates for On Call Transportation Engineering Services
2. Professional Services Contract between the City of Huntington Beach and ADVANTEC
Consulting Engineers, Inc. for On Call Transportation Engineering Services
3. Professional Services Contract between the City of Huntington Beach and FPL and
Associates, Inc. for On Call Transportation Engineering Services
4. Professional Service Award Analysis for Albert Grover & Associates, ADVANTEC Consulting
Engineers, Inc., FPL and Associates, Inc., and Vendor #4
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ALBERT GROVER & ASSOCIATES, INC.
FOR
ON CALL TRANSPORTATION AND ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY,” and Albert Grover & Associates, Inc. , a California coorporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide on call
transportation and engineering services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Mark H. Miller who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on ____________________, 20____ (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than three (3) years from the Commencement Date. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Three Hundred Thousand Dollars ($300,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall occur first. These
materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature)
arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any)
negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of
its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees
except such loss or damage which was caused by the sole negligence or willful misconduct of
CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act as
limitation upon the amount of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT’s professional liability in an amount not less than One Million Dollars
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($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY’s election, to
forthwith terminate this Agreement. Such termination shall not effect Consultant’s right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
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A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days’
prior written notice; however, ten (10) days’ prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
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be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
approved assignees, delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or
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other communications will be sent by notifying the other party via personal delivery, a reputable
overnight carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach
ATTN: Bill Janusz
2000 Main Street
Huntington Beach, CA 92648
Albert Grover & Associates, Inc.
ATTN: Mark H. Miller
211 Imperial Highway, Suite 208
Fullerton, CA 92835
714-992-2990
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
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covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
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CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY’S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney’s fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,
have been made by that party or anyone acting on that party's behalf, which are not embodied in this
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Agreement, and that that party has not executed this Agreement in reliance on any representation,
inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
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EXHIBIT A
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide consulting services on an 'as-needed' basis for projects to be
determined during the term of the agreement. During the term of the agreement, CITY may elect to
solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the
scope of services, work schedule, and fee proposal submitted to CITY for its review and approval.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of
Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications
for On Call Transportation and Engineering Services. Upon award, and the contract period, if
CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit
the names and qualifications of these staff to CITY for approval before commencing work.
CONSULTANT shall comply with all Local Assistance Procedures Manual (LAPM), the Caltrans
Construction Manual, the Federal Highway Administration requirements, and Caltrans A&E
Sample Contract Language known as Exhibit 10-R, which includes, Caltrans Consultant Proposal
DBE Commitment known as Exhibit 10-O1 and/or 10-O2, and Caltrans Disclosure of Lobbying
Activities known as 10-Q (Exhibit C).
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Furnish scope of work request for each project.
2. Furnish construction plans and specifications to the CONSULTANT.
D. WORK PROGRAM/PROJECT SCHEDULE:
A project schedule will be developed for each project assigned by CITY.
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Exhibit B
1
EXHIBIT “B”
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month’s bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
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Exhibit B
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5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
.
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ALBERT GROVER & ASSOCIATES, INC.
FOR
ON CALL TRANSPORTATION AND ENGINEERING SERVICES
Table of Contents
1 Scope of Services .....................................................................................................1
2 City Staff Assistance ................................................................................................2
3 Term; Time of Performance .....................................................................................2
4 Compensation ..........................................................................................................2
5 Extra Work ...............................................................................................................2
6 Method of Payment ..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance......................................................................…….4
10 Certificate of Insurance ............................................................................................5
11 Independent Contractor ............................................................................................6
12 Termination of Agreement .......................................................................................6
13 Assignment and Delegation ......................................................................................6
14 Copyrights/Patents ...................................................................................................7
15 City Employees and Officials ..................................................................................7
16 Notices……………………………………………………………………………..7
17 Consent ....................................................................................................................8
18 Modification .............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement ..............................................................................8
21 Duplicate Original ....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited ................................................................9
24 Attorney's Fees ..........................................................................................................10
25 Survival .....................................................................................................................10
26 Governing Law .........................................................................................................10
27 Signatories.................................................................................................................10
28 Entirety ......................................................................................................................10
29 Effective Date………………………………………………………………………11
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STATEMENT OF QUALIFICATIONS
to provide
ON-CALL TRANSPORTATION
ENGINEERING SERVICES
submitted to
PUBLIC WORKS DEPARTMENT
JANUARY 11, 2018
submitted by
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TABLE OF CONTENTS
PAGE
Vendor Application Form
Pre-Qualification Form
Addendum Number One
Firm Qualifications .................................................................................................................................... 1
Staffing ...................................................................................................................................................... 6
Understanding and Methodology ............................................................................................................... 11
FIGURES & TABLES
Project Organization Chart ........................................................................................................................ 9
AGA’s Staff Qualifications .......................................................................................................................... 10
ATTACHMENT
Resumes of Key Personnel
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REQUEST FOR PROPOSAL
VENDOR APPLICATION FORM
TYPE OF APPLICANT: NEW CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________
Contact Person for Agreement: ____________________________________________________
Corporate Mailing Address: ________________________________________________
City, State and Zip Code: __________________________________________________
E-Mail Address: _________________________
Phone: ________________________ Fax: ________________________
Contact Person for Proposals: ______________________________________________________
Title:______________________________ E-Mail Address: ______________________
Business Telephone: _________________________ Business Fax: ________________
Is your business: (check one)
NON PROFIT CORPORATION FOR PROFIT CORPORATION
Is your business: (check one)
CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
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Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names Title Phone
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
Federal Tax Identification Number: __________________________________________
City of Huntington Beach Business License Number: _____________________________
(If none, you must obtain a Huntington Beach Business License upon award of contract.)
City of Huntington Beach Business License Expiration Date: __________________________
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FIRM QUALIFICATIONS
Albert Grover & Associates (AGA) is a California Corporation, and is a State of California Certified
Small Business (SBE #39313). AGA has been providing on-call professional traffic engineering services,
similar to those services listed in the Request for Qualifications (RFQ), for 25 years. Our firm qualifications,
briefly amplified in the cover letter to this SOQ, provide a clear understanding that AGA is not a company
that provides only labor service for client designated tasks; rather, AGA provides a high level of intellectual
support to accomplish client objectives. AGA’s unique blend of Civil Engineers, Traffic Engineers, and
skilled technical field maintenance/monitoring personnel provides a synergy that typically results in project
success beyond expectations.
AGA possesses all of the necessary qualifications and experience required to successfully provide
the services anticipated by the City. AGA staff’s wide range of expertise is ideal to provide the City with
nearly instantaneous access to any traffic/transportation area of expertise needed at any given time. We
fully understand the importance to the City of dealing with the development, implementation and
coordination of various traffic/transportation engineering projects, as well as dealing with projects ranging
from day-to-day neighborhood parking and traffic problems to long-range planning issues. Staff of AGA
have completed many tasks similar or identical to those anticipated under this contract, and have
completed such tasks on time, within budget, and in a manner that meets all the requirements of the
agency for which the work was completed, while at the same time placing minimal time and effort
requirements on agency staff.
AGA’s in-house staff, including both Registered Civil Engineers and Registered Traffic Engineers, is
proficient in various aspects of Transportation Engineering, including the following:
• PS&E preparation for new and modified traffic signals;
• Signing and striping modifications (including bikeways);
• Street lighting, including photometric calculations;
• Traffic signal interconnect and communication projects, including in-house staff to integrate all
communications into a city’s existing Traffic Management Center (TMC):
• Development/review of Traffic Studies, including Traffic Impact Analyses; geometric and alignment
studies; parking studies; sight distance analyses; and bicycle and pedestrian studies;
• Traffic signal timing analyses utilizing SYNCHRO, including the development of local and
coordination signal timing;
• Preparation of traffic control and staging plans;
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• Design of Traffic Management Centers;
• Review of design plans prepared by others; and
• Oversee the collection of traffic data by a subconsultant, as needed, for the completion of projects,
or as requested by the City.
AGA presently has an on-call contract for engineering and traffic operations with the City of Montclair,
effective since August 1993, and ongoing contracts with the County of Los Angeles, Orange County
Transportation Authority (OCTA), the Cities of Long Beach, Glendora, Torrance, La Habra, Seal Beach, and
Newport Beach to provide similar services. We also provide traffic engineering services for the City of Fullerton
at City Hall for 8 hours a week, for the City of Victorville at City Hall for 16 hours a week, and the City of San
Dimas for 8 hours a month. We have for many years provided engineering services to San Bernardino County
Transportation Authority (SBCTA, formerly SANBAG) and the vast majority of the Cities in Riverside and San
Bernardino Counties, and nearly all of the cities in Orange County, and to various cities in the southern portion
of Los Angeles County on a project-specific basis. In addition to providing on-call services, AGA also
operates/monitors the traffic signal systems (totaling more than 300 signals) for several cities, including
Montclair, Highland, La Habra, Fullerton, Fountain Valley, and Seal Beach.
Our expertise in the fields of traffic engineering, transportation planning, roadway and utility design,
hardware and software design, construction engineering and inspection, traffic signal operations and
maintenance, and participation with Traffic Commissions, Planning Commissions, City Councils and the public
enable us to accomplish all required tasks with minimal time requirements placed on the City staff.
Staff of AGA have provided services similar to those required by the City of Huntington Beach to
several other cities in Southern California in the past seven years and beyond. Following is a listing of
those cities, the services provided, and contacts at the cities who are familiar with AGA’s capabilities,
personnel and work products. We urge the City of Huntington Beach to contact any/all of the listed
references.
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CITY: FULLERTON (1998 – PRESENT)
SERVICES PROVIDED: Contract traffic engineering/transportation planning services, including consultant personnel at
City Hall one day a week; attending Traffic Commission/Planning Commission/City Council
meetings; developing a Citywide transportation model; reviewing and/or recommending
modifications to General Plan Circulation Element; conducting Citywide radar speed surveys;
preparing PS&E for and overseeing construction of interconnect of signalized intersections;
developing local signal timing parameters; developing parking management plans; preparing,
implementing, and fine-tuning coordination timing plans; designing/modifying traffic signal
installations, including conversion to protected/permissive left turn operations; conducting
neighborhood traffic studies; attending neighborhood meetings; preparing/checking traffic control
plans; conducting/reviewing traffic impact studies; providing guidelines to developers and other
consultants for traffic impact studies; conducting capacity and level of service analyses; and
providing various other as-needed transportation and traffic engineering services.
PROJECT MANAGER: Mr. Mark Miller
KEY PERSONNEL: Mr. Chalap Sadam, Mr. Greg Wong, Mr. Leo Grimes, Mr. Roland Hizon
CONTACT: Mr. Don Hoppe, Director of Public Works, (714) 738-6864, dhoppe@cityoffullerton.com
CITY: FOUNTAIN VALLEY (2006 – PRESENT)
SERVICES PROVIDED: Traffic signal system monitoring, including minor signal timing adjustments related to existing
signal coordination and operating the City’s signal control system via remote login from our office
or manually in the field. AGA also analyzed and responded to traffic related complaints from City
residents.
PROJECT MANAGER: Mr. Mark Miller
KEY PERSONNEL: Mr. Chalap Sadam, Mr. Greg Wong, Mr. Leo Grimes
CONTACT: Mr. Mark Lewis, Director of Public Works, (714) 593-4434, mark.lewis@fountainvalley.org
CITY: SAN DIMAS (2014 – PRESENT)
SERVICES PROVIDED: On-Call Traffic Engineering Services including regular consultant staff presence at City Hall.
AGA’s multiple project tasks include roadway signing/striping, signal design and/or modification,
traffic related analysis and recommendations to the proposed Metro Gold Line light rail extension,
and roundabout intersections, among others.
PROJECT MANAGER: Mr. Mark Miller
KEY PERSONNEL: Mr. Greg Wong, Mr. Ruben Perales
CONTACT: Mr. Krishna Patel, Director of Public Works, (909) 394-6245, kpatel@ci.san-dimas.ca.us
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In addition to the above listed specific projects, AGA has provided similar services requested by
the City of Huntington Beach to many agencies in the Counties of Los Angeles, Orange and San
Bernardino. Example of these are discussed in further detail below.
AGENCY: FOUNTAIN VALLEY AND PLACENTIA (2017 – PRESENT)
SERVICES PROVIDED: Systemic Safety Analysis Report Program (SSARP)
AGA is in contract with various agencies to implement the Systemic Safety Analysis Report
Program to analyze and identify high-risk roadway characteristics on each respective Citywide
roadway network. The State-developed project is part of, and funded by the California Local
Highway Safety Improvement Program (HSIP).
PROJECT MANAGER: Mr. Mark Miller
KEY PERSONNEL: Mr. Chalap Sadam, Mr. Greg Wong, Mr. Roland Hizon
AGENCY: LA COUNTY DEPARTMENT OF PUBLIC WORKS (2002 – PRESENT)
SERVICES PROVIDED: Traffic Signal Synchronization Projects (TSSP)
The objective of the projects is to upgrade various traffic signals for the development of a
synchronized traffic signal system to specified agency standards, which are generally defined in
the California Manual of Uniform Traffic Control Devices (CA-MUTCD), so that each signalized
intersection will be fully traffic actuated. The work involved in the projects include detail field
inventory of each study intersection, evaluation of traffic signal detection (inductive loop and
video), coordination with utility companies, recommended improvements (traffic operations and
signal design), development of traffic signal modification plans, development of signing and
striping plans, development of traffic control plans, and assist County staff in the cost estimates for
the proposed improvements. The following projects are past and current Los Angeles County
traffic signal design projects which involved 149 intersections.
- Artesia Boulevard TSSP (18 Intersections)
- Wilmington Avenue TSSP (32 Intersections)
- Vincent Avenue/Glendora Avenue/Hacienda Boulevard TSSP (22 Intersections)
- Studebaker Road TSSP (17 Intersections)
- San Gabriel Boulevard/Paramount Boulevard TSSP (19 Intersections)
- Slauson Avenue & Stocker Street TSSP (11 Intersections)
- Current Project – Valley Boulevard/Holt Avenue TSSP (30 Intersections)
PROJECT MANAGER: Mr. Greg Wong
KEY PERSONNEL: Mr. Ruben Perales, Mr. Ignacio Sanchez, Mr. Roland Hizon
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AGENCY: ORANGE COUNTY TRANSPORTATION AUTHORITY (2006 – PRESENT)
SERVICES PROVIDED: Regional Traffic Signal Synchronization Projects (RTSSP)
AGA is under contract to OCTA to provide professional design and implementation services for
traffic signal synchronization projects across Orange County. AGA has completed five Regional
Traffic Signal Synchronization Program (RTSSP) corridor projects over the last five years and will
be completing our sixth corridor project within the next 90 days. No other consultant has
successfully synchronized more traffic signals for OCTA than AGA. Each RTSSP project involves
the design of signal interconnect/communication and control systems; construction management;
system integration; development, implementation, and fine-tuning of coordination traffic signal
timing plans; monitoring and maintenance of timing plans; and a preparation of a final report
identifying the work performed, benefits achieved, and recommendations for future
improvements.
PROJECT MANAGER: Mr. Chalap Sadam
KEY PERSONNEL: Mr. Greg Wong, Mr. Ruben Perales, Mr. Ignacio Sanchez, Mr. Roland Hizon
AGENCY: SAN BERNARDINO COUNTY (2000 – 2017)
SERVICES PROVIDED: Under contract with the San Bernardino County Transportation Authority (SBCTA, formerly
SANBAG), AGA developed a master plan outlining traffic signal communications and timing
needs along major arterials across the San Bernardino Valley. The plan encompasses 650 traffic
signals operated by Caltrans, the County, and fifteen cities. AGA has been continuously under
contract to SBCTA for more than fifteen years tasked with preparing plans, specifications, and
estimates for various interconnect projects across the valley and the development,
implementation, and fine-tuning of hundreds of traffic signal synchronization timing plans for
morning and afternoon peak period traffic as well as timing plans to address light traffic, or mid-
day, periods. Over the past five years, AGA has received and completed over fifty traffic signal
synchronization project task orders from SBCTA. Most recently, AGA was awarded a new project
to develop traffic signal coordination timing plans for approximately fifty traffic signals along
Haven Ave and Milliken Ave in Rancho Cucamonga.
PROJECT MANAGER: Mr. Chalap Sadam
KEY PERSONNEL: Mr. Greg Wong, Mr. Ruben Perales, Mr. Ignacio Sanchez, Mr. Roland Hizon
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CITY: CITIES OF HUNTINGTON BEACH, FOUNTAIN VALLEY, WESTMINSTER & COSTA MESA
(2017 – PRESENT)
SERVICES PROVIDED: I-405 Freeway Improvement Project
Assist the respective Cities in the review and assessment of the traffic related impacts resulting
from the construction of the I-405 Improvement Project. AGA is tasked to review the Traffic
Management Plan, Stage Construction and Traffic Handling Plan for the Cities of Huntington
Beach, Fountain Valley, Westminster and Costa Mesa. The tasks are to evaluate the appropriate
traffic signal operational improvements, signing and striping plans, traffic control plans, traffic
detour plans and signal timing modifications to minimize traffic impacts associated with the short-
term and long-term roadway closures during the various construction phases of the project.
Traffic system monitoring will be conducted as construction begins in early 2018.
PROJECT MANAGER: Mr. Chalap Sadam
KEY PERSONNEL: Mr. Greg Wong, Mr. Ruben Perales, Mr. Ignacio Sanchez, Mr. Roland Hizon, Mr. David
Roseman, and Mr. Mark Miller
AGA has been providing on-call as needed services to the City of Huntington Beach since 2005.
AGA’s recent experience with multiple projects in the City of Huntington Beach has provided us with vast
knowledge of the City’s traffic signal system and City requirements. We recently completed a major corridor
project (Adams Avenue Regional Traffic Signal Synchronization Program) that provided the City with an
expanded fiber optic communications backbone and new optimized coordination signal timing, along with
new traffic signal and communication field equipment. AGA also assisted the City in the intersection
improvements project for Adams Avenue and Brookhurst Street. Additionally, AGA worked with the City on
past projects to design/modify traffic signals plans, prepare traffic signal priority lists, design “In Roadway
Warning Lights” plans, conduct speed surveys, prepare traffic control plans, prepare Capacity
Augmentation Studies, fiber optic communications, and addressing neighborhood traffic issues.
STAFFING
We propose to utilize key senior staff members as managers for each anticipated task. AGA’s
Executive Vice President, Mr. Mark Miller, P.E., T.E., P.T.O.E., will be designated Project Manager. Mr.
David Roseman, T.E., Principal Transportation Engineer, will provide project oversight and quality
assurance/quality control for all work products. Mr. Chalap Sadam, P.E., T.E., Vice President, will provide
project support for all Signal Timing and Transportation Planning Issues; Mr. Greg Wong, P.E., Senior
Transportation Engineer, will provide project support for all School and Neighborhood Issues; and Mr.
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Ignacio Sanchez, P.E., T.E., P.T.O.E., Senior Design Engineer, will provide Design and Construction
project support.
Mr. Mark Miller, P.E., T.E., PTOE, Executive Vice President, will be the overall Project Manager
for all projects and, as such, will be responsible for coordination with the City appointed Project Manager.
Mr. Miller will be the supervisor/administrator who will be responsible for delivery of services in accordance
with the established Scope of Services for each project.
Mr. Miller is a registered Civil and Traffic Engineer, as well as a certified Professional Traffic
Operations Engineer (PTOE) with more than 38 years’ experience. He has completed numerous traffic and
transportation engineering projects and studies ranging from traffic signal and striping designs to review of
traffic impact studies to speed zone surveys to warrant analysis for removal of midblock crosswalks, and has
made many presentations to Traffic and Planning Commissions and City Councils. Mr. Miller’s extensive
operational experience includes actually operating the City of Fullerton and La Habra’s traffic control systems
from AGA’s offices in Fullerton. As is the case with the vast majority of AGA’s senior staff, Mr. Miller also has
prior public agency experience. While employed as City Traffic Engineer for the City of Pomona, Mr. Miller was
responsible for a $3,000,000 operations and capital improvement budget and managed 14 subordinates in the
traffic engineering division. His responsibility included preparation of the traffic and transportation engineering
budget, street light assessment districts and parking districts. He was responsible for the maintenance of over
120 traffic signals, 8,000 street lights and over 300 miles of pavement markings and signing and made
numerous presentations to commissions, councils and neighborhood groups. Mr. Miller also is a fifteen-year
member and Past President of the City Traffic Engineers Association (CTE). While with that organization, one
of his key accomplishments was conducting workshops for various Traffic Commissions and Planning
Commissioners from throughout Southern California to educate them on various aspects of traffic engineering.
Mr. Miller has extensive experience in the evaluation, design, and operation of traffic signals, including Flashing
Yellow Arrow (FYA) protective permissive left turns (PPLT) phasing. He has served as Project Manager for all
of AGA’s FYA projects, including the first installation of its kind in Southern California, located in the City of
Fullerton. In addition, his present Contract Traffic Engineer responsibilities with various agencies include
conducting a wide assortment of tasks very similar to those anticipated in Huntington Beach.
Mr. David Roseman, T.E., Principal Transportation Engineer, will provide project oversight and
quality assurance/quality control for all work products. He has nearly 30 years’ experience in all aspects of
Traffic and Transportation Engineering, from traffic signal design to street design to bicycle/pedestrian
facilities. He has worked mainly in the public sector and has been very successful at public outreach, both
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through committees/councils and direct communication with citizens. He has supervised staff involved in
several major transportation projects, as well as the development and execution of special event traffic
plans in the City of Los Angeles.
Mr. Chalap Sadam, P.E., T.E., Vice President, will be responsible for all Signal Timing and
Transportation Planning Issues. He has more than 28 years’ experience in transportation
engineering/transportation planning. During that time, he has conducted over 50 traffic impact studies for
projects varying from major shopping centers to enterprise zones to large scale trucking projects. He is very
familiar with the CMPs adopted by Los Angeles County and Orange County, and was extensively involved
in previous transportation planning forecasting and modeling for various projects. He was AGA’s Project
Manager for joint Costa Mesa/Huntington Beach, Fountain Valley/Huntington Beach, and Costa
Mesa/Santa Ana coordination timing projects; for citywide signal timing projects in the Cities of La Habra,
Fullerton, Fountain Valley, and Santa Ana; for the San Bernardino Valley Coordinated Traffic Signal
System Project; and for various projects conducted by AGA for OCTA, including the Euclid Street Traffic
Signal Synchronization Demonstration Project, and the subsequent six corridor projects.
Mr. Greg Wong, P.E., Senior Transportation Engineer, will be responsible for all School and
Neighborhood Issues. He has over 20 years of experience working on transportation and traffic engineering
in both the public and private sectors. His experience includes traffic signal timing, transportation planning,
transportation safety studies, parking studies and traffic impact study preparation. Mr. Wong has been
responsible in addressing safety related resident complaints for various Cities including La Habra, Fountain
Valley, and Fullerton, among others. He has monitored the Safe Route to School program for the Los
Angeles County Public Works Department which included diverting and controlling the flow of cut-through
traffic from residential areas onto arterial roadways.
Mr. Ignacio Sanchez, P.E., T.E., PTOE, Senior Design Engineer, will be responsible for
preparation of PS&E for all projects; for submittal of plans to the City for review/comment; and for revisions
to the PS&E in response to those comments. Mr. Sanchez has designed and/or modified hundreds of traffic
signal plans and has prepared hundreds of signing/striping plans and interconnect plans for installations
throughout Southern California. His duties at AGA include coordination timing plan development, CAD
design, Construction Management, field topo and preparation of engineers cost estimates on projects
relative to traffic signals, signing & striping, street lighting and conceptual improvement plans. Mr. Sanchez
has prepared plans for both Caltrans and other government agencies such as the County of Los Angeles,
City of Fullerton, and City of La Habra, and for private developers such as Home Depot, Sav-On, etc. He
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recently worked on projects for OCTA as Design Task Manager for the Adams Avenue and Antonio
Parkway RTSSP projects. Mr. Sanchez recently completed the design of several major traffic signal
improvement projects which included 46 signals and 8 miles of fiber optic communications along Imperial
Highway (SR-90), 9 miles along Malvern Avenue/Chapman Avenue, and 5.5 miles along Alicia Parking in
Orange County.
Additionally, AGA’s entire staff will be available to provide specific required services vis-à-vis each
individual’s expertise, thereby optimizing the services provided in an expeditious and economic manner.
This is graphically displayed on the Project Organization Chart in and summarized in AGA’s Staff
Qualifications table. Full resumes for key staff are attached for reference.
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NameCertification/RegistrationYears of ExperienceYears with AGAEducation TrainingPositionProject AssignmentMark MillerP.E., Civil #40956P.E., Traffic #1575P.T.O.E. #23344 25BS-Civil, 1974Executive Vice PresidentProject ManagerDavid Roseman P.E., Traffic #1585313BS-Civil, 1988Principal Transportation EngineerQuality Assurance/Quality ControlChalap SadamP.E., Civil #74080P.E., Traffic #181328 25MS-Civil, 1990MBA, 2002Vice PresidentTask ManagerSignal Timing/Transportation Planning IssuesDavid Chen P.E., Civil #7165620 16MS-Civil, 1999Design EngineerSignal Timing/Transportation Planning IssuesAndrew Luna E.I.T. #15685133BS-Civil, 2016Associate EngineerSignal Timing/Transportation Planning IssuesYolanda Cervantes E.I.T. #16227643BS-Civil, 2016Associate EngineerSignal Timing/Transportation Planning IssuesFelipe Ortega Level 3-Signal Technician23 10Signal Technician Level 3 Advanced System IntegratorSignal Timing/Transportation Planning IssuesLeo Grimes Level 3-Signal Technician28 18Signal Technician Level 3 Senior Signal System SpecialistSignal Timing/Transportation Planning IssuesPhillip Fuentes C-10 License29 11Signal Technician Level 2 Signal System SpecialistSignal Timing/Transportation Planning IssuesGreg Wong P.E., Civil #6434922 17BS-Civil, 1996Senior Transportation EngineerTask ManagerSchool/Neighborhood IssuesRoland Hizon E.I.T. #XE09549729 13BS-Civil, 1982Transportation Engineer School/Neighborhood IssuesJessica EspinozaE.I.T. #16000833BS-Civil, 2016Associate EngineerSchool/Neighborhood IssuesEmilio MurgaE.I.T. #16288111BS-Civil, 2018Associate EngineerSchool/Neighborhood IssuesIgnacio Sanchez H.P.E., Civil #72073P.E., Traffic #2344P.T.O.E. #245727 13BS-Civil 1986Senior Design EngineerTask ManagerDesign and ConstructionRuben PeralesP.E., Civil #83169P.E., Traffic #283815 13BS-Civil, 2004Senior Design Engineer Design and ConstructionElias GarciaE.I.T. #15472655BS-Civil, 2015Associate EngineerDesign and ConstructionKawai Mang E.I.T. #15323544BS-Civil, 2013Associate EngineerDesign and ConstructionAGA's Staff Qualifications 106
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UNDERSTANDING AND METHODOLOGY
AGA staff’s wide range of expertise is ideal to provide the City with nearly instantaneous access to
any traffic/transportation/parking area of expertise needed at any given time. AGA’s approach to providing
traffic engineering services to Huntington Beach involves far more than simply providing contract labor on
an hourly basis. We consider it our function to serve as an extension of City staff, as well as expert advisors
to staff, forming an integrated team to creatively provide solutions to traffic engineering and transportation
planning problems.
The key aspect of our approach is that we will utilize our staff’s extensive expertise and
experience, acquired via providing similar consulting services to a wide range of Cities and via previous
service as full time City Traffic Engineers, including Mr. Miller’s experience in Pasadena, Pomona,
Fullerton, Placentia and San Dimas and Mr. Roseman’s experience in Long Beach and with LADOT, to
creatively solve City traffic engineering and transportation planning problems. This unique experience in
viewing problems “from both sides of the fence” will greatly enhance our ability to serve the City of
Huntington Beach. In addition to Mr. Miller’s and Mr. Roseman’s experiences, AGA also developed a
Quality Assurance/Quality Control Policy that applies to all deliverables leaving our office. A copy of AGA’s
QA/QC policy is available upon request.
A key element of Huntington Beach’s On-Call Transportation Engineering Services is the potential
involvement of Federal and/or State Funding. AGA has previously worked on projects involving both federal
and State funding. We are familiar with provisions of the Caltrans Local Assistance Procedures Manual
(LAPM). For projects funded through Federal or State resources, AGA will provide the necessary technical
assistance to the City of Huntington Beach to ensure compliance with the appropriate funding guidelines.
We feel that our experience, our expertise, and most importantly, our creativity is what makes us
very qualified to serve the City. We know how to listen open-mindedly to both City staff and the public; how
to develop alternative solutions to various problems; and how to differentiate cost-effective from cheap.
Our ability to develop viable alternative solutions has been instrumental in reaching consensus on
controversial issues.
Another key factor in providing services to the City of Huntington Beach is to continue to stay
attuned to both the overall direction and the specific requirements of the City staff, various Commissions,
and the City Council. Because of our extensive experience in previously providing similar services to other
Cities, and our staff’s knowledge of current traffic engineering considerations via our attendance and
presentations at regional (such as the Institute of Transportation Engineers [ITE] and the City Traffic
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Engineers [CTE]) and national (such as Transportation Research Board [TRB] and ITE) forums, we are in
the mainstream of state-of-the-art traffic engineering approaches and methodologies. By combining this
knowledge, we can optimize the service provided to the City.
Our knowledge of, and sensitivity to, public needs and concerns, combined with our real world (as
opposed to textbook) approach to safety issues, will ensure that real world alternative solutions to specific
problems can be achieved while at the same time compromising neither safety nor public needs and
desires.
Our staff’s extensive experience as City Traffic Engineers has been invaluable in helping us
provide service to local agencies. Understanding basic concerns and constraints as viewed from the City’s
perspective is a key qualification. We have long represented Montclair, La Habra and Fullerton at various
State and Regional Transportation functions, meetings, workshops, seminars, etc., and have helped
establish both operational and CIP budgets for these and other Cities. Additionally, AGA professional
engineers have served on the Caltrans District 8/Consulting Professional Engineers Liaison Committee,
and as a member of the Transportation Research Board’s Highway Capacity Committee, established the
framework for the HCM2010 – a completely new Highway Capacity Manual. Staying abreast of State and
Federal issues is often a key component of developing local programs, policies, and procedures.
Our experience in completing small-scale traffic engineering projects ensures that such projects
can be completed on time and within budget with minimal demands placed upon City staff. Because we are
a successful consulting firm with extensive experience in all phases of traffic engineering, we are highly
qualified to provide this service. Our goal as the City Traffic Engineer is to provide the City with quality
service at a fair and reasonable cost.
AGA staff are well respected in the traffic and transportation industry for their knowledge and
expertise in providing outside-the-box innovation yet also cost-effective solutions to problems faced by
many public agencies. Additionally, AGA staff are adept at building consensus with various partners and
can leverage their extensive relationships with the County, OCTA, Caltrans, and neighboring cities for
success completion of multi-agency projects.
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ATTACHMENT
Resumes of Key Personnel
109
MARK H. MILLER, P. E.
EXECUTIVE VICE PRESIDENT
PROFESSIONAL EXPERIENCE
Mr. Miller joined Albert Grover & Associates in 1993 as Vice President, and provides the firm extensive experience in all phases of ITS design, signal interconnect and coordination plans, CCTV installations, traffic signal/signal system design, and street lighting evaluation and design. Mr. Miller began his consulting career with Mohle, Grover & Associates in January, 1990, as a senior engineer to provide professional traffic engineering and operations services. He is a registered Civil Engineer, Traffic Engineer, and Professional Traffic Operations Engineer with over thirty-five years’ experience. This includes more than fifteen years serving as a City Traffic Engineer. Mr. Miller has managed many ITS, traffic signal and street light system projects. He has developed and implemented design standards, specifications and cost estimates for traffic signals, interconnect projects, CCTV projects, and street light projects. He also has experience in preparing traffic signal coordination and timing plans. Additionally, Mr. Miller has provided expert witness testimony on a variety of issues. He has served as both a member and the Chairman of the City Traffic Engineers Association (CTE) and, as such, has been instrumental in conducting workshops to educate Traffic Commissioners and Planning Commission from Cities throughout Southern California on various aspects of traffic engineering. Mr. Miller has provided on call as-needed traffic engineering services to the Cities of Cerritos, La Habra, Montclair, San Dimas, Torrance, and Victorville, and is serving as the Contract City Traffic Engineer for the Cities of Fullerton (since 1998) and Placentia. While employed as City Traffic Engineer for the City of Pomona, he was responsible for a $3,000,000 operations and capital improvement budget, and managed 14 subordinates in the traffic engineering division. Mr. Miller has “hands on” experience with programming all models of traffic signal controllers. He has developed numerous traffic signal coordination and timing plans for use with a wide variety of central control and local controller software. His experience also includes four years with the City of Pasadena as an Assistant Engineer in Traffic. He was responsible for the preparation
EDUCATION
BS Civil/Traffic Engineering
California Polytechnic University
Pomona, 1974
Northwestern University
Evanston, Illinois
Traffic & Transportation Engineering
Highway Capacity Workshop
Institute of Transportation Studies
Safety Design and Operational Practices
for Streets and Highways (FHWA)
Traffic Signal Equipment & Operations
Urban Street Design
Public Works Inspections
Legal Aspects and Liabilities
Risk Management & Traffic Safety
PROFESSIONAL ASSOCIATIONS
American Public Works Association
American Society of Civil Engineers
City Traffic Engineers Association
Institute of Transportation Engineers
Orange County Traffic Engineering Council
American League of Cyclists
PROFESSIONAL REGISTRATION
Registered Civil Engineer in California
CE #40956
Registered Traffic Engineer in California
TE #1575
Professional Traffic Operations Engineer
PTOE #233
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Mr. Mark H. Miller, P.E.
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and review of major transportation studies. He also assisted in the preparation and implementation of the Rose Bowl Major Event Traffic and Parking Study, Madison Heights/Oakknoll Neighborhood Traffic Study, various bikeway studies, traffic control device inventories and traffic safety studies. He also developed a traffic accident recording system. From 1979 to 1982, Mr. Miller was a Civil Engineer with the Illinois Department of Transportation. During this time, he worked in the Bureau of Traffic and the Bureau of Bridges. He was responsible for establishing policies and contracts for maintenance of major interstate signing projects. He also managed various statewide hazard elimination safety projects. He was responsible for developing traffic signing and pavement marking standards for the Illinois Manual of Traffic Control Devices. Mr. Miller’s engineering experience began when he was an Engineering Assistant in the City of San Dimas, California, for two years. He was involved with the preparation and review and inspection of municipal street improvement projects. He managed a variety of pavement maintenance projects from major street reconstruction to slurry sealing. He performed various traffic engineering functions such as speed surveys, school zone signing, and signing and striping projects, in addition to a wide array of street lighting projects. The following is a brief listing of specific consulting projects for which Mr. Miller has been responsible:
Certification testing of various electronic equipment.
Interconnect Analysis, Design and Coordination - Cities of Bakersfield, Cerritos, Chino, Colton, La Habra, Lancaster, Loma Linda, Montclair, Palm Springs, Pomona, Rialto, San Bernardino, Santa Clarita, Temecula, Upland, and Visalia.
Multijurisdictional Traffic Signal Synchronization - S.C.A.Q.M.D and Orange County Growth Management Area No. 6.
Various Traffic Signal Design, CCTV, Striping & Street Light Design Projects for Cities, Counties, and State.
Montclair Plaza Traffic Operations Study - City of Montclair.
Roadway Signal Improvements - Cities of Cerritos, Chino, Claremont, Cypress, Ontario, and Upland.
Congestion Management Plan - City of Santa Ana.
Bridge Design and Load Limit Determination, Statewide, State of Illinois.
Annual Statewide Interstate Maintenance Signing Project, State of Illinois.
Statewide Hazard Elimination Project for Narrow Bridges, State of Illinois.
Identification of High Accident Locations - Cities of Downey, Inglewood and Pomona.
Annual Citywide Pavement Maintenance Projects - City of San Dimas.
Computerized Traffic Accident Record System - City of Pasadena.
Annual Monitoring of Traffic Signal Timing - Cities of Colton, Fullerton, Loma Linda, Montclair, Palm Springs and Rialto.
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Speed Zone Surveys - Cities of Baldwin Park, Buena Park, Cathedral City, Cerritos, Chino, Cypress, Fountain Valley, Fullerton, Gardena, Hawthorne, Hermosa Beach, Huntington Park, La Habra, Lancaster, Long Beach, Norco, Ontario, Palm Springs, Pomona, San Dimas, San Marino, Santa Ana, Santa Clarita, Santa Fe Springs, Santa Monica, Torrance, and Yucaipa; California State Universities of Fullerton, Long Beach, and Los Angeles; and Antelope Valley Community College.
School Safety Studies and Development of Safe Route to School Programs.
PAPERS/PRESENTATIONS
“Strategies to Recapture Lost Arterial Traffic Carrying Capacities.” Presented by Mark Miller at the ITE Annual Conference, Rapid City, South Dakota
“Three Year Experience with Flashing Yellow Arrow Display” Presented at ITE Annual Conference, Anaheim, California
“Effectively Slowing Drivers – Speed Feedback Signs” Presented at ITE District 6 Annual Meeting, Honolulu, Hawaii
“School Area Traffic Safety” Presented at City Traffic Engineers Traffic Commissioners Workshop
“Quantifications of Air Quality Benefits Achieved Through Traffic Signal Coordination” Presented at ITE District 6 Annual Meeting, Salt Lake City, Utah
“A Successful Multijurisdictional Traffic Signal Coordination Project” Presented at ITE Annual Conference, Dana Point, California
“Minimize Delay Maximize Progression with Protected Permissive Lead/Lag Phasing” Presented at ITE Inland Empire Section Technical Workshop
“Microwave Traffic Signal Interconnect - A Viable Alternative to Land Lines” Presented at ITE District 6 Annual Meeting, Portland, Oregon (Best Paper Award)
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DAVID ROSEMAN, T. E.
PRINCIPAL TRANSPORTATION ENGINEER
PROFESSIONAL EXPERIENCE
As the Principal Transportation Engineer for Albert Grover & Associates, Mr. Roseman oversees business development and client relations, and provides expert witness services. In addition, as a project manager for multiple jurisdictions, he oversees staff working on traffic and transportation projects across Southern California, including but not limited to, traffic calming projects, alternative transportation mode projects, speed surveys, traffic signal and geometric design, and transportation planning studies. Prior to joining AGA, Mr. Roseman was the top transportation official for the City of Long Beach for 13 years. He oversaw all aspects of transportation, traffic and parking in the City including, but not limited to, traffic control device placement, traffic signal design and operations, geometric street design, work area traffic control plans, transportation improvement projects, traffic calming, bicycle and pedestrian facilities, on-street parking regulations, interagency coordination, development review and coordination, oversight of transportation grants and funds, oversized and overweight truck permitting, and operation and management of City owned off-street parking facilities. He regularly attended City Council, Planning Commission, neighborhood, and other agency meetings, and was the City Representative on the Board of Directors for Long Beach Transit and the City's Pedestrian Safety Advisory Committee. Mr. Roseman was responsible for the implementation of the nation's first multi-agency (seven jurisdictions) traffic control system; implementation of various innovative bicycle facilities from separated bike lanes to cycle tracks to bike boxes; implementation of the Anaheim Transportation Enhancement Project which provides enhanced transit stops and transit priority for buses; and the implementation of several innovative traffic signal operation projects from countdown pedestrian indications, to specialized programing to reduce speeding in neighborhoods, to flashing yellow arrow operations to improve mobility and address elevated accident rates. Mr. Roseman was also employed by the City of Los Angeles Department of Transportation (LADOT) for 14 years, where he directed and supervised a staff of engineers and planners in the development and implementation of fifteen major transportation improvement projects; managed the Department's special event program; was project engineer for the multi-agency Santa Monica Freeway Smart Corridor Project; managed development and implementation of intelligent transportation systems and motorist information projects; prepared designs, specifications, and estimates for advanced traffic control and communications systems; directed the design and implementation of a multi-agency network of workstations and expert systems xxx
EDUCATION
BS Civil Engineering
California State University
Long Beach, CA 1988
Transportation Demand Management
University of California Los Angeles
Public Policy Department 1988
PROFESSIONAL ASSOCIATIONS
American Society of Civil Engineers
Institute of Transportation Engineers
PROFESSIONAL REGISTRATION
Registered Traffic Engineer in California
TE #1585
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Mr. David Roseman, T.E.
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for traffic control; local, state and federal officials as well as the print and television media; and responded to complaints and service requests; reviewed geometric and traffic signal plans; inspected field installations; and attended community meetings. As a result of the successful development and implementation of the transportation plan for the 2000 Democratic National Convention, Mr. Roseman was formally recognized by a number of federal, state, and local politicians and agencies. The highest honor was receiving a Certificate of Appreciation from the Director of the United States Secret Service for contributions to the fulfillment of their protective responsibilities. As a member of LADOT's "Traffic Action Team" responding to the Northridge Earthquake, Mr. Roseman was assigned responsibility for all traffic operations in the northeast San Fernando Valley. He was responsible for directing repair crews, assigning Traffic Officers, developing detours, installing and modifying traffic control devices, and coordinating response efforts with Caltrans, the California Highway Patrol, County of Los Angeles Department of Public Works, the County Sheriff, City of San Fernando, and numerous other City agencies. Quick response efforts were critical to restoring mobility and led to numerous state and national Department recognitions and awards.
EDUCATIONAL ACTIVITIES California State University, Long Beach Member of the Civil Engineering Advisory and Development Council: 2008 - present Lecturer: CE 429/CE 429L Traffic Engineering: 2012 - present California Polytechnic State University, San Luis Obispo Guest Lecturer Georgia Institute of Technology Guest Lecturer
PAPERS/PRESENTATIONS
"Vanpool Pricing and Market Penetration" Transportation Research Board 68th Annual Meeting
"Automated Arterial Incident Detection Santa Monica Freeway Smart Corridor" Institute of Transportation Engineers 65th Annual Meeting
"Incident Manager Control Concept Multi-Agency Coordinated Traffic Management" Institute of Transportation Engineers 64th Annual Meeting
"Operational Multi-Agency Traffic Management and Expert System" Intelligent Transportation Society of America 7th Annual Meeting
"Long Beach Area-Wide Adaptive Traffic Control System (Douglas Park)" 18th World Congress on Intelligent Transport Systems
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CHALAP K. SADAM, P.E.
VICE PRESIDENT
PROFESSIONAL EXPERIENCE
Mr. Sadam joined Albert Grover & Associates in 1993 as a Transportation Engineer, and provides expertise in the preparation of traffic impact studies, development of transportation planning models to evaluate long range impacts, development of signal coordination master plans, preparation of traffic signal coordination timing plans, design and operation of traffic signal systems, design of intersection improvement plans, traffic signal interconnect plans and Intelligent Transportation System (ITS) plans, traffic accident analysis and recommendation of mitigation measures, and the preparation of freeway interchange feasibility studies and Major Investment Studies (MIS). Mr. Sadam has completed numerous traffic impact and transportation planning studies in Southern California. Mr. Sadam’s additional experience includes the development of traffic circulation studies and corridor studies, signal synchronization feasibility studies, parking feasibility studies, street lighting master plans, speed studies, traffic engineering software development and project management. Computer skills include experience in the usage of transportation planning and traffic engineering software such as Synchro, Tranplan, Transyt-7F, Passer-II, Passer-IV, HCS and WEBSTER. Mr. Sadam is also familiar with relational database management systems and has used Microsoft Access and Oracle databases along with programming languages such as Visual Basic and C/C++. His expertise includes experience and education in Geographical Information Systems (GIS), and he has extensively used GIS software and applications. Mr. Sadam was instrumental in the development of a microscopic air quality emissions model to quantify the reduction in pollution due to traffic signal coordination. Mr. Sadam was also responsible for the development of AGA’s Time-Space Diagram routine using Autolisp in AutoCAD. Additionally, Mr. Sadam developed a computer program based on NCHRP-255 procedures, which predicts future turning movements using link volumes from transportation planning models. Prior to joining AGA, Mr. Sadam was a Transportation Engineer with Mohle, Grover & Associates for four years.
EDUCATION
Master of Business Administration
University of Southern California
Los Angeles, 2002
Master of Science, Civil Engineering
(Transportation)
Virginia Polytechnic Institute & State University,
Virginia 1990
Bachelor of Engineering, Civil Engineering
Jawaharlal Nehru Technological University
India, 1988
PROFESSIONAL ASSOCIATIONS
American Society of Civil Engineers
Institute of Transportation Engineers
Intelligent Transportation Systems Council
Transportation Planners Council
Southwestern Region Transportation Model
Users’ Group
The Urban and Regional Information Systems
Association
PROFESSIONAL REGISTRATION
Registered Civil Engineer in California
CE # 74080
Registered Traffic Engineer in California
TE # 1813
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Mr. Chalap K. Sadam, P.E.
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The following is a brief listing of some of Mr. Sadam’s projects:
OCTA Euclid Street Signal Synchronization Demonstration Project and Chapman Avenue and Orangethorpe Avenue TLSP Projects.
Tier-1 and Tier-2 San Bernardino Valley Coordinated Traffic Signal System Design, Implementation and Management of 650 signals in 15 cities.
OCTA Bus Rapid Transit and Traffic Signal Synchronization Project on Harbor Boulevard and State College Boulevard.
Orange County Traffic Signal Coordination Program.
I-405 Freeway (SR-73 to I-605) Major Investment Study and subsequent PSR/PDS and PA/ED in Orange County.
Orange County and Southern California Regional ITS Architecture
San Bernardino Valley Coordinated Traffic Signal System Plan, San Bernardino Associated Governments.
Coachella Valley Signal Synchronization Feasibility Study, Coachella Valley Association of Governments.
Fullerton Year 2020 Traffic Projections and Identification of Long Term Roadway Improvement Study.
Bolsa Chica Corridor Capacity Augmentation Study.
Indian Canyon Drive, One-Way to Two-Way Conversion Traffic Study, Palm Springs.
Citywide Transportation Study and Developer Fee Program, Montclair.
Yuma Drive/I-15 Freeway Interchange Feasibility Study, Norco.
Soledad Canyon Road Traffic Flow Improvement Study, Santa Clarita.
Travel Demand Forecasting Models - Cities of Colton and Montclair.
Lancaster Citywide traffic signal coordination project, which involved coordinating 85 signals on ten crossing arterials.
Traffic signal synchronization of 260 signals on 22 crossing arterials in the Cities of Fountain Valley, Garden Grove, Huntington Beach, Seal Beach and Westminster.
Multitude of traffic signal system design and signal coordination projects throughout Southern California.
Traffic signal synchronization of 113 signals on eight arterials in the Cities of Chino, Montclair, Ontario, Upland and the County of San Bernardino.
Street Lighting Master Plans for Beverly Hills, Baldwin Park, and Orange.
Pavement Management Program for Beverly Hills.
Accident analysis and improvements, separate studies in the Cities of Baldwin Park, Downey, Inglewood, La Habra, Montclair and Palm Springs.
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Mr. Chalap K. Sadam, P.E.
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PAPERS/PRESENTATIONS
“San Bernardino Valley Coordinated Traffic Signal System – Implementation of Tiers 1 & 2” Presented at ITE Annual Conference, Anaheim, California
“Orange County, California’s Traffic Signal Coordination Program” Presented at ITE District 6 Meeting in Portland, Oregon
“Strategies to Recapture Lost Arterial Traffic Carrying Capacities.” Presented at the ITE Annual Conference, Rapid City, South Dakota
“Measures to Mitigate Impacts Associated with Temporary Closure of a Major Intersection
in Orange County” Presented at ITE District 6 Annual Meeting, Honolulu, Hawaii
“Developing Coordination Signal Timing Using Software as a Tool” Presented at ITE Southern California and RSBTEA Seminars
“Development of Traffic Signal Coordination Timing.” Presented at the Riverside-San Bernardino ITE Section Workshop
“Quantification of Air Quality Benefits Achieved Through Traffic Signal Coordination” Presented at ITE District 6 Annual Conference, Salt Lake City, Utah
“A Successful Multijurisdictional Traffic Signal Coordination Project” Presented at ITE Annual Conference, Dana Point, California
“Multijurisdictional Traffic Signal Coordination - A Pleasant Experience” Presented at the 65th Institute of Transportation Engineers Annual Meeting, Denver, Colorado
117
GREG WONG, P.E.
SENIOR TRANSPORTATION ENGINEER
PROFESSIONAL EXPERIENCE
Mr. Wong rejoined Albert Grover & Associates (AGA) in July 2001, as a Transportation Engineer. He had previously worked for AGA for several years prior to leaving to obtain experience working in the public sector. His duties at AGA include the preparation of ITS design plans, traffic impact studies/analyses, traffic signal coordination timing plans, GIS analysis/design/implementation projects, parking circulation analyses, and traffic signal designs. Mr. Wong has extensive experience in using a variety of transportation planning and traffic engineering software, such as Synchro, VISSIM, HCS, and WEBSTER. Other software includes GIS (ArcView), AutoCAD and MicroStation. Prior to rejoining AGA, Mr. Wong worked for the City of Los Angeles Department of Transportation as a Transportation Engineering Associate and the Los Angeles County Public Works Department as a Civil Engineering Assistant. As a Transportation Engineering Associate, Mr. Wong worked in the Bureau of Traffic Management. His duties were to divert and control the flow of cut-through traffic from residential areas on to arterials and to monitor the Safe Route to School program. He also prepared the AB 1475 Grant application for the installation of Smart Crosswalks at 50 uncontrolled intersections in the City of Los Angeles. As a Civil Engineering Assistant for the County of Los Angeles, Mr. Wong prepared and reviewed traffic signal coordination timing plans, traffic signal modification plans, striping and marking layouts, maps utilizing GIS (ArcView), and left-turn studies. He was a key participant in numerous projects that involved the state, local cities and private agencies. These included County TSSP projects, street and highway improvement projects, local city projects and County signal upgrades. The following is a brief listing of some of the projects on which Mr. Wong has been involved:
La Habra/Brea Signal Timing Coordination Project: Signal timing and coordination for 74 signals on 8 arterials in the Cities of La Habra and Brea.
City of Burbank: Signal timing and coordination of 25 signals (including one Caltrans signal) on two arterials (Magnolia Street and Garden Grove Boulevard).
Orange County Transportation Authority Orangethorpe Avenue TLSP Project: Signal timing and coordination for 48 signals in the Cities of La Palma, Buena Park, Fullerton, Anaheim and Placentia, including Caltrans.
EDUCATION
BS, Civil Engineering
University of California
Irvine, 1996
Certified Geographical Information Systems
Westech College
Irvine1997
PROFESSIONAL ASSOCIATIONS
Institute of Transportation Engineers
PROFESSIONAL REGISTRATION
Registered Civil Engineer in California
CE # 64349
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Mr. Greg Wong, P.E.
Page 2
San Bernardino Associated Governments Signal Coordination Project: Signal interconnect, timing and coordination of approximately 650 signals throughout 12 Cities.
City of Fullerton General Plan Update: Assist the City of Fullerton in the traffic analysis of the update to the General Plan. Analysis includes the traffic impacts to 96 intersections and development of long term mitigation needs.
Orange County Transportation Authority Bus Rapid Transit Project: Signal timing and coordination of 157 signals on three arterials (Harbor Blvd, Chapman Avenue and State College Boulevard) in the Cities of Brea, Fullerton, Anaheim, Garden Grove, Santa Ana, Fountain Valley and Costa Mesa.
Los Angeles County Traffic Signal Synchronization Projects: Analysis and recommendations on upgrading signals along Artesia Boulevard, Studebaker Road, Wilmington Avenue, and Vincent/Glendora/Hacienda Boulevard.
City of West Hollywood, Sunset Boulevard Signal Timing Project (12 intersections): Convert BiTran 233 program timing to BiTran 2033 program timing. Modify/fine tune existing timing plans and/or create additional timing plans where needed.
Costa Mesa/Santa Ana Signal Timing Coordination Project: Signal timing and coordination for 41 signals on 5 arterials in the Cities of Costa Mesa and Santa Ana.
Orange County Transportation Authority Chapman Avenue TLSP Project: Signal timing and coordination for 52 signals in the Cities of Orange and Garden Grove, including Caltrans.
Orange County Transportation Authority I-405 Widening Project (I-605 to SR-73): Freeway, ramp and arterial intersections evaluations/analyses.
Fullerton Transportation Center Project: Assist the City of Fullerton in the traffic impact analysis of the Fullerton Transportation Center. Run the City’s model and analyze the impacts of the project and develop mitigations.
City of Burbank: Signal timing and coordination of 37 signals on two arterials (Hollywood Way and Buena Vista Street).
City of Huntington Beach: Signal timing and coordination of 51 signals on five arterials.
City of Fountain Valley: Signal timing and coordination of 55 signals on nine arterials.
Orange County Transportation Authority Euclid Street Regional Traffic Signal Synchronization Project: Signal timing and coordination of 66 signals on Euclid Street in the Cities of La Habra, Fullerton, Anaheim, Garden Grove, Santa Ana and Fountain Valley, including Caltrans.
City of Pasadena: VISSIM Modeling and signal timing for the Pasadena Light Rail (Gold Line).
Multijurisdictional Traffic Signal Coordination Timing Project: Coordination of 50 signals on one arterial for the Cities of Pico Rivera, Downey, South Gate, and Paramount.
Los Angeles County: Multijurisdictional signal timing and coordination of signals on Atlantic Boulevard, Garfield Avenue, and Sepulveda Boulevard.
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Mr. Greg Wong, P.E.
Page 3
City of Fullerton: Citywide Traffic Impact Analysis and Long Term Mitigation Needs.
City of Lancaster Signal Timing Project: Signal timing and coordination of 85 signals on 10 arterials.
Multijurisdictional Traffic Signal Coordination Timing Project: Coordination of 56 signals on two arterials for the Cities of Fullerton, Placentia, and Yorba Linda.
City of La Habra traffic impact studies at various locations.
Coachella Valley Association of Governments: Signal Interconnect Master Plan Cost Analysis.
Assisted in preparing signal modification plans for projects in the Cities of Yucaipa, Cerritos, and La Habra.
City of Beverly Hills Street Lighting System Master Plan: Data gathering and analysis.
DataBase & Software Development - Accident Surveillance, Traffic Sign Inventory, Collision Diagrams & Training of staff for the Cities of: Brea, Murrieta, Taft, San Fernando, Newport Beach, and the County of Monterey. Traffic Study Reports and Traffic Impact Reports for various agencies in California.
Analysis for Build-Out & Projected Year 2020 and Regional Traffic Plan RTP 2030 as part of the General Circulation Plan for the City of Murrieta.
Design of the “Parabolic Vertical Curve program”, “Time Space Diagram”, “Collision Diagram”, and many other computer programs and routines.
120
IGNACIO SANCHEZ H., P.E., T.E., PTOE
SENIOR TRANSPORTATION ENGINEER
PROFESSIONAL EXPERIENCE Mr. Sanchez joined Albert Grover & Associates (AGA) as a Transportation Engineer. His duties include design of traffic signal, signing, striping, and signal interconnect plans; project management; preparation of engineers cost estimates and specifications; GPS unit installations; street lighting design; improvement plans; and development and installation of system graphics for various Traffic Control Systems. Mr. Sanchez has prepared plans for Caltrans and other government agencies including the County of Riverside, County of Los Angeles, the Cities of Riverside, Santa Clarita, Victorville, Fullerton, Brea, Highland and La Habra, and for private developers including Home Depot. He recently worked with the Orange County Transportation Authority (OCTA) as Task Manager of the Bus Rapid Transit (BRT) project, Transit System Priority (TSP). Mr. Sanchez is responsible for ensuring compliance with all current regulations and standards, including the most recent CA MUTCD, the Caltrans Highway Design Manual, ADA requirements, etc. Additional experience includes work with SBCTA on a project with Caltrans and 15 agencies in the County of San Bernardino. Duties included managing installation of GPS units on Interstate and State Routes in coordination with Caltrans and development and installation of Aries Traffic Management system graphics for the County of San Bernardino and the Cities of Chino, Fontana, Rancho Cucamonga, Rialto, and Ontario. Mr. Sanchez was also the project manager for the design of the Lambert Corridor and La Habra/Central/State College Regional Signal Synchronization Projects (RTSSP) for OCTA in coordination with the Cities of La Habra and Brea. Prior to joining AGA, Mr. Sanchez worked for Rick Engineering as a Principal Traffic Engineer. His duties there included project coordination with Caltrans and other government agencies. Specifically, he was responsible for coordination and implementation of traffic signal design and construction; coordination timing plan development; signal modification; plan checking; development of signing and striping plans; development of traffic control plans, and PS&E. Mr. Sanchez also provided on-site traffic engineering services to the City of Murrieta where he was responsible for developing coordination timing plans Citywide, including with Caltrans signals. Mr. Sanchez began his career at Mohle, Grover & Associates in 1989, and next worked at Hank Mohle & Associates. At these two companies, Mr. Sanchez was a GIS Manager & Data Analysis/Transportation Designer.
EDUCATION
BS, Civil Engineering
Universidad De Guadalajara, Guadalajara,
Mexico, 1986
Computer Aided Design, and Customizing with
AutoLisp
Fullerton College, 1988, 1989
ArcCAD, ArcView, and Customizing ArcView
Environmental Systems Research Institute
(ESRI), 1994
Iteris Vantage Intermediate Planning Video
Detection Training
Iteris, 2013
PROFESSIONAL ASSOCIATIONS
Institute of Transportation Engineers
Orange County Traffic Engineering Council
PROFESSIONAL REGISTRATION
Registered Civil Engineer in California
CE # 72073
Registered Traffic Engineer in California
TE # 2344
Professional Traffic Operations Engineer
PTOE #2457
Registered Civil Engineer in Mexico
Cedula Profesional #3806180
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Mr. Ignacio Sanchez, P.E., T.E.
Page 2
The following is a brief listing of some of the projects on which Mr. Sanchez has been involved:
Orange County Transportation Authority I-405 Major Investment Study, I-405 Widening Project Study Report (PSR) and I-405 Widening Project Report & Environmental Document (PR-PD): Intersection level of service analyses at 29 arterial intersections and 14 freeway interchanges.
City of Lake Elsinore - Central Avenue/SR-74 at I-15 for both Interim and Ultimate improvements. Assisted in preparing traffic analysis report for Interim PSR-PR.
City of Indio - Jackson Street at I-10 for both Interim and Ultimate improvements. Included the signalization of ramps with PPLT phasing as well as signal coordination, implementation, fine-tuning and monitoring. Prepared traffic analysis report for PSR.
City of Indio – Monroe Street at I-10 for Interim Improvements. Includes the signalization of ramps with PPLT phasing as well as coordination timing plans.
City of Victorville: Bear Valley Road Improvement Project: Signal timing and coordination, striping and intersection improvements for 17 intersections (City and Caltrans intersections), including the conversion of five intersections to Protected/Permissive Left Turn Phasing.
Emergency Vehicle Pre-Emption (EVP) of infrared equipment at five traffic signals and 15 emergency vehicles in the City of Highland (included construction management in the field).
Signal modification at Euclid Street/Country Hills Drive in the cities of La Habra and Fullerton (included bid assistance and construction management).
La Habra Boulevard/Central Avenue/State College Boulevard Corridor RTSSP Project
Euclid Street Corridor RTSSP Project
Brea Boulevard RTSSP Corridor Project
Lemon Street Corridor RTSSP Project
Bolsa Avenue/1st Street Corridor RTSSP Project
Lambert Road Corridor Regional Traffic Signal Synchronization Project RTSSP
Traffic Control Technology Improvement Program for the City of Brea The responsibilities and tasks performed by Mr. Sanchez included construction inspection in the field, answer design questions to contractor during construction (RFI), generate change directives and change orders on behalf of the City, coordination with Caltrans, coordination with Southern California Edison, daily logs reporting using a City’s online Virtual Program Manager, review and approval of equipment quantities during construction for progress payments, and preparation of as-built plans. The improvements and equipment for the projects mentioned above included installation of traffic controller cabinets and controller units, service cabinets, pull boxes, conduits, signal cables, DSL switches, fiber optic cable and fiber switches in the cities and at Caltrans interchanges, Closed Circuit Television Systems at the signalized intersections and at each city’s Traffic Management Centers, video detection system including capture of video to the TMC, GPS Emergency Vehicle Pre-Emption System at the intersections and the EVP Central Management System at the city’s TMC, signal communication HUB including a Gb switch, and Layer 3 switch/router with integration to the city’s TMC.
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Local Assistance Procedures ManualEXHIBIT 9-DDBE Contract Goal MethodologyItem No.Approx. Quant.Meas. UnitItem Description Unit Price TotalLikely to be Performed by Sub-contractor (Y=Yes)?Trucking or Supply of Material Involved (Y=Yes)?Work Category Code (enter a code if corresponding cell in either Column G or H is "Y") Number of Available DBEsDBE Work Factor (input a percentage only if the number of available DBEs > 9)DBE Work Dollar AmountComment1 1 LS Traffic Engineering $ 60,000.00 $ 60,000.00 N N$0.002 1 LS Traffic Plans and Specifications $ 150,000.00 $ 150,000.00 N N$0.003 1 LS Cost Estimates $ 10,000.00 $ 10,000.00 N N$0.004 1 LS Technical Studies $ 40,000.00 $ 40,000.00 N N$0.005 1 LS Survey$ 10,000.00 $ 10,000.00 YNC876028100%$10,000.0061 LS Construction Engineering Support$ 30,000.00 $ 30,000.00 NN$0.00TOTAL $300,000.00TOTAL DBE WORK AMOUNT$10,000.00Work CodeDBE Goal2%C8760Page 2 of 2December 30, 2014DBE Contract Goal Land SurveyorCategoryCity of Huntington Beach Various Improvement ProjectsTraffic Engineering Consultant127
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
Page 1 of 2
July 23, 2015
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE:
7. Description of Work, Service, or Materials
Supplied
8. DBE
Certification
Number
9. DBE Contact Information 10. DBE %
Local Agency to Complete this Section
11. TOTAL CLAIMED DBE PARTICIPATION % 17. Local Agency Contract Number:
18. Federal-Aid Project Number:
19. Proposed Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
20. Local Agency Representative's Signature 21. Date
12. Preparer's Signature 13. Date
22. Local Agency Representative's Name 23. Phone
14. Preparer's Name 15. Phone
24. Local Agency Representative's Title 16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
128
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
Page 2 of 2
July 23, 2015
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc.).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own
forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the
exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the
participation of DBE firms.
8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified
on the date bids are opened.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime
consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is
less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit
15-H DBE Information - Good Faith Efforts of the LAPM).
12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm
must sign their name.
13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment
form.
15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
19. Proposed Contract Execution Date - Enter the proposed contract execution date.
20. Local Agency Representative’s Signature - The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Consultant Section of this form is
complete and accurate.
21. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
22. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
23. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying
the consultant’s DBE commitment form.
129
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
Page 1 of 2
July 23, 2015
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
$ 20. Local Agency Contract
Number:
21. Federal-Aid Project Number:
% 22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
23. Local Agency Representative's Signature 24. Date
15. Preparer's Signature 16. Date
25. Local Agency Representative's Name 26. Phone
17. Preparer's Name 18. Phone
27. Local Agency Representative's Title 19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
130
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
Page 2 of 2
July 23, 2015
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic
Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all
Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if
the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on
the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column.
%: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract
Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith
Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must
sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Consultant Section of this form is complete and
accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
consultant’s DBE commitment form.
131
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 1
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract
a. bid/offer/application
a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services
(If individual, last name, first name, MI) (including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission
a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
132
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 2
LPP 13-01 May 8, 2013
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or
an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a
covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted
report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the
tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of
the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for
Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to
influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name,
First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity
(Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is
a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind
payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal
officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that
were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing
instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-
LLL-Instructions Rev. 06-04
133
Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language
Page 1 of 21
August 2016
EXHIBIT 10-R A &E SAMPLE CONTRACT LANGUAGE
(For Local Assistance Federal-aid Projects)
NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT
CONTRACTS BEFORE EXECUTION. THIS CONTRACT LANGUAGE IS ONLY SUGGESTED LANGUAGE. MODIFY AS
RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.
TABLE OF CONTENTS
A&E SAMPLE CONTRACT LANGUAGE
Article Subject Page
Article I Introduction ................................................................................................................................ 2
Article II Statement of Work ..................................................................................................................... 2
Article III Consultant's Reports or Meetings .............................................................................................. 4
Mandatory Fiscal and Federal provisions (Verbatim):
Article IV Performance Period .................................................................................................................... 4
Article V Allowable Costs and Payments .................................................................................................. 4
Article VI Termination ................................................................................................................................ 8
Article VII Cost Principles and Administrative Requirements .................................................................... 8
Article VIII Retention of Records/Audit ....................................................................................................... 9
Article IX Audit Review Procedures .......................................................................................................... 9
Article X Subcontracting ......................................................................................................................... 10
Article XI Equipment Purchase ................................................................................................................ 11
Article XII State Prevailing Wage Rates .................................................................................................... 11
Article XIII Conflict of Interest ................................................................................................................... 12
Article XIV Rebates, Kickbacks or other Unlawful Consideration ............................................................. 12
Article XV Prohibition of Expending Local Agency State or Federal Funds for Lobbying ...................... 12
Article XVI Statement of Compliance ......................................................................................................... 13
Article XVII Debarment and Suspension Certification ................................................................................. 14
Miscellaneous provisions:
Article XVIII Funding Requirements ............................................................................................................. 14
Article XIX Change in Terms ...................................................................................................................... 14
Article XX Disadvantaged Business Enterprises (DBE) Participation ....................................................... 15
Article XXI Contingent Fee ......................................................................................................................... 16
Article XXII Disputes ................................................................................................................................... 16
Article XXIII Inspection of Work .................................................................................................................. 16
Article XXIV Safety ....................................................................................................................................... 17
Article XXV Insurance .................................................................................................................................. 17
Article XXVI Ownership of Data ................................................................................................................... 18
Article XXVII Claims Filed by LOCAL AGENCY’S Construction Contractor ............................................. 18
Article XXVIII Confidentiality of Data ............................................................................................................ 19
Article XXIX National Labor Relations Board Certification ......................................................................... 19
Article XXX Evaluation of Consultant ......................................................................................................... 19
Article XXXI Retention of Funds ................................................................................................................... 19
Article XXXII Notification .............................................................................................................................. 21
Article XXXIII Contract .................................................................................................................................... 21
Article XXXIV Signatures................................................................................................................................. 21
134
Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language
Page 2 of 21
August 2016
ARTICLE I INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following
named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
________________________
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME)
The name of the “LOCAL AGENCY” is as follows:
____________________________
The Contract Administrator for LOCAL AGENCY will be (NAME)
B. The work to be performed under this contract is described in Article II entitled Statement of Work and the
approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is
attached hereto (Attachment I) and incorporated by reference. If there is any conflict between the approved
Cost Proposal and this contract, this contract shall take precedence.
C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and
employees from any and all claims, demands, costs, or liability arising from or connected with the services
provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will
reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL
AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions
of CONSULTANT.
D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall
act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY.
E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either
in whole or in part.
F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the
parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the
parties hereto.
G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of
CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
ARTICLE II STATEMENT OF WORK
(INSERT APPROPRIATE STATEMENT OF WORK INCLUDING A DESCRIPTION OF THE DELIVERABLES )
A. Consultant Services
Detail based on the services to be furnished should be provided by CONSULTANT. Nature and
extent should be verified in the negotiations to make precise statements to eliminate subsequent
uncertainties and misunderstandings. Reference to the appropriate standards for design or other
standards for work performance stipulated in consultant contract should be included. Describe
acceptance criteria, and if the responsible consultant/engineer shall sign all Plans, Specifications and
Estimate (PS&E) and engineering data furnished under the contract including registration number.
135
Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language
Page 3 of 21
August 2016
Environmental documents are not considered complete until a Caltrans District Senior Environmental
Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No
Significant Impact, or the Caltrans District Director signs the Record of Decision [see Chapter 6,
“Environmental Procedures” in the LAPM, and the Standard Environmental Reference].
B. Right of Way
State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land
surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way
plots are to be furnished.
C. Surveys
State whether or not the CONSULTANT has the responsibility for performing preliminary or construction
surveys.
D. Subsurface Investigations
State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If
borings or other specialized services are to be made by others under the supervision of CONSULTANT,
appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be
found in the Standard Environmental Reference.
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY or another agency, or government
that are to be made available to CONSULTANT are referred to in the contract. Any other assistance or
services to be furnished to CONSULTANT are to be stated clearly.
F. Conferences, Visits to Site, Inspection of Work
The contract provides for conferences as needed, visits to the site, and inspection of the work by
representatives of the state, or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the
initial meeting shall be included in the fee.
G. Checking Shop Drawings
For contracts requiring the preparation of construction drawings, make provision for checking shop drawings.
Payment for checking shop drawings by CONSULTANT may be included in the contract fee, or provision
may be made for separate payment.
H. Consultant Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing,
construction surveys. etc., are specified in the contract together with the method of payment for such services.
I. Documentation and Schedules
Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the
satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of
progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the
contract objectives.
J. Deliverables and Number of Copies
The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans,
specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies.
136
Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language
Page 4 of 21
August 2016
ARTICLE III CONSULTANT’S REPORTS OR MEETINGS
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A & B below for standard contracts)
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently
detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is
on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or
special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed,
to discuss progress on the contract.
(Option 2 - Use paragraphs A & B below for on-call contracts)
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order.
These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL
AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to
expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any
difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project
Coordinator, as needed, to discuss progress on the project(s).
ARTICLE IV PERFORMANCE PERIOD (Verbatim)
(A time must be set for beginning and ending the work under the contract. The time allowed for performing the
work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into
the contract. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared
by CONSULTANT, they should be identified and incorporated into the contract.
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A & B below for standard and on-call contracts)
A. This contract shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and
CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract
Administrator. The contract shall end on (DATE), unless extended by contract amendment.
B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY
until the contract is fully executed and approved by LOCAL AGENCY.
(Option 2 - Use paragraph C below in addition to paragraphs A & B above for on-call contracts)
C. The period of performance for each specific project shall be in accordance with the Task Order for that
project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the
contract shall be extended by contract amendment.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim)
(Choose either Option 1, 2, 3, or 4)
(Option 1 - Use paragraphs A through J below for Actual Cost-Plus-Fixed Fee contracts. Use Exhibit 10-H,
Example #1 for Cost Proposal Format)
137
Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language
Page 5 of 21
August 2016
A. The method of payment for this contract will be based on actual cost plus a fixed fee. LOCAL AGENCY will
reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental
costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work.
CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee
benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved
CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by contract amendment.
In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL
AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY
determines that a change to the work from that specified in the Cost Proposal and contract is required, the
contract time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to
accommodate the changed work. The maximum total cost as specified in Paragraph “H” shall not be
exceeded, unless authorized by contract amendment.
B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of
$(AMOUNT). The fixed fee is nonadjustable for the term of the contract, except in the event of a significant
change in the scope of work and such adjustment is made by contract amendment.
C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved
Cost Proposal.
D. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior
written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such
cost estimate.
E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs.
A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If
CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the
Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in
accordance with the provisions of Article VI Termination.
F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this
contract.
G. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL
AGENCY’s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later
than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall
detail the work performed on each milestone and each project as applicable. Invoices shall follow the format
stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final
invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased
under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be
submitted within 60 calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to
LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).
I. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved
Cost Proposal and is approved by LOCAL AGENCY’s Contract Administrator.
For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases,
which are the direct result of changes in the prevailing wage rates are reimbursable.
138
Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language
Page 6 of 21
August 2016
(Option 2 - For Cost per Unit of Work contracts, replace paragraphs A & B of Option 1 with the following
paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your
project. Use Exhibit 10-H, Example #3 for Cost Proposal Format)
A. The method of payment for the following items shall be at the rate specified for each item, as described in this
Article. The specified rate shall include full compensation to CONSULTANT for the item as described,
including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be
allowed therefore.
B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $(Amount)
per approved Cost Proposal. This rate shall be for a fully equipped vehicle, with radio and flashing yellow
light (if needed), as specified in Article II of this contract.
The specified rate to be paid for equipment shall be, as listed in Attachment (Insert Attachment Number).
C. The method of payment for this contract, except those items to be paid for on a specified rate basis, will be
based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs
(including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs)
incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual
costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other
estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by
contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that
exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event,
LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and
contract is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by contract
amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” shall
not be exceeded unless authorized by contract amendment.
(Option 3 - Use paragraphs A through P for Specific Rates of Compensation contracts [such as on-call
contracts]. Use Exhibit 10-H, Example #2 for Cost Proposal Format)
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in CONSULTANTs Cost
Proposal (Attachment Number). The specified hourly rates shall include direct salary costs, employee
benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this
Contract.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that
are in the cost proposal and identified in the cost proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this contract is identified by LOCAL AGENCY, LOCAL AGENCY
will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services,
expected results, project deliverables, period of performance, project schedule and will designate a LOCAL
AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review.
CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate,
including a written estimate of the number of hours and hourly rates per staff person, any anticipated
reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on
the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and
CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both
of which must be based on the labor and other rates set forth in CONSULTANT’s Cost Proposal.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved
Cost Proposal.
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G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior
written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such
estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual
costs incurred.
I. CONSULTANT shall not commence performance of work or services until this contract has been approved
by LOCAL AGENCY, and notification to proceed has been issued by LOCAL AGENCY’S Contract
Administrator. No payment will be made prior to approval or for any work performed prior to approval of
this contract.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized
representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not
commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL
AGENCY’S Contract Administrator of itemized invoices in triplicate. Separate invoices itemizing all costs
are required for all work performed under each Task Order. Invoices shall be submitted no later than 45
calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the
Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable.
Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract
number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment
purchased under the provisions of Article XI Equipment Purchase of this contract, must be reimbursed by
CONSULTANT prior to the expiration or termination of this contract. Invoices shall be mailed to LOCAL
AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No
Task Order will be written which extends beyond the expiration date of this Contract.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount
agreed to in the Task Order, unless authorized by contract amendment.
N. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task
Order, no payment will be made until the deliverable has been satisfactorily completed.
O. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this
Agreement.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this contract shall not
exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that
this dollar amount will be authorized under this contract through Task Orders.
(Option 4 - Use paragraphs A through E below for lump sum contracts. Use Exhibit 10-H, Example #1 for Cost
Proposal Format)
A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to
CONSULTANT will include compensation for all work and deliverables, including travel and equipment
described in Article II Statement of Work of this contract. No additional compensation will be paid to
CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance
of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will
be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum
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compensation will not be effective until authorized by contract amendment and approved by LOCAL
AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by
CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule
set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this
Contract in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this contract has been approved
by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract
Administrator. No payment will be made prior to approval of any work, or for any work performed prior to
approval of this contract.
D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL
AGENCY’S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later
than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall
detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format
stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must
contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the
provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within
60-calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL
AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).
ARTICLE VI TERMINATION (Verbatim)
A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice
to CONSULTANT with the reasons for termination stated in the notice.
B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform
the covenants herein contained at the time and in the manner herein provided. In the event of such
termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL
AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall
pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost
of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage
shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid
to CONSULTANT upon demand.
C. The maximum amount for which the LOCAL AGENCY shall be liable if this contract is terminated is _____
dollars.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS (Verbatim)
A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of
individual items.
B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
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C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to
be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1,
Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY.
ARTICLE VIII RETENTION OF RECORDS/AUDIT (Verbatim)
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California
Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the
performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL
AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and
other evidence pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract. All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final payment under the contract.
The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal
Government shall have access to any books, records, and documents of CONSULTANT and it’s certified public
accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit,
examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim)
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not
disposed of by agreement, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by
LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be
submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT
from full and timely performance, in accordance with the terms of this contract.
(The following AUDIT CLAUSE must be inserted into all contracts of $150,000 or greater)
D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or
reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit
work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work
papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and
regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to
ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including
making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and
approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations.
CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into
the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by
CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local
governments have access to CPA work papers, will be considered a breach of contract terms and cause for
termination of the contract and disallowance of prior reimbursed costs.
(The following AUDIT CLAUSE must be inserted into all contracts of $3,500,000 or greater).
E. CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans’ Audit and
Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR
documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL
AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the
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management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to
incorporate the Work Paper Review recommendations included in the management letter or audit
recommendations included in the audit report will be considered a breach of the contract terms and cause for
termination of the contract and disallowance of prior reimbursed costs.
1. During a Caltrans’ review of the ICR audit work papers created by the CONSULTANT’s independent
CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of issues that arise
during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely
manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant
approval letter, LOCAL AGENCY will reimburse the CONSULTANT at a provisional ICR until a FAR
compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost
Accounting Standards), if applicable; in accordance with procedures and guidelines of the American
Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures
and guidelines}is received and approved by A&I. Provisional rates will be as follows:
a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the
proposed rate.
b. If the proposed rate is between 150% and 200% - the provisional rate will be 85% of the proposed
rate.
c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate.
2. If Caltrans is unable to issue a cognizant letter per paragraph E.1. above, Caltrans may require
CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3)
months of the effective date of the management letter. Caltrans will then have up to six (6) months to
review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this Section E, or if Caltrans is still unable to
issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead
cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the
ICR and set forth in paragraph E.1. above for all rendered services. In this event, this provisional ICR will
become the actual and final ICR for reimbursement purposes under this contract.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items
have occurred: (1) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2)
all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3)
Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL
INVOICETO local agency no later than 60 days after occurrence of the last of these items.
The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and
the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING (Verbatim)
A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL
AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities
and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the
acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them
as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s
obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY’S obligation to
make payments to the CONSULTANT.
B. CONSULTANT shall perform the work contemplated with resources available within its own organization
and no portion of the work pertinent to this contract shall be subcontracted without written authorization by
LOCAL AGENCY’s Contract Administrator, except that, which is expressly identified in the approved Cost
Proposal.
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C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment
made to CONSULTANT by LOCAL AGENCY.
D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this
contract to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY’s Contract
Administrator prior to the start of work by the subconsultant(s).
ARTICLE XI EQUIPMENT PURCHASE (Verbatim)
A. Prior authorization in writing, by LOCAL AGENCY’s Contract Administrator shall be required before
CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies,
equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or
desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in CONSULTANT’s Cost Proposal and
exceeding $5,000 prior authorization by LOCAL AGENCY’s Contract Administrator; three competitive
quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following: “CONSULTANT shall
maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful
life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs
replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the
conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment
and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best
price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and
credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the
equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent
independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable
to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and
conditions of such sale must be approved in advance by LOCAL AGENCY.” 49 CFR, Part 18 requires a
credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited
to the project.
ARTICLE XII STATE PREVAILING WAGE RATES (Verbatim)
(Choose either Option 1 or Option 2)
(Option 1 - For contracts where a portion of the proposed work to be performed are crafts affected by state labor
laws, use paragraphs A and B)
A. CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate requirements in
accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances
applicable to the work.
B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works
construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall
contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance
program by the Director of Industrial Relations.
C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence
costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as
outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
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(Option 2 - Use only paragraph A below when all of the proposed work in the contract is performed by crafts not
affected by state labor laws or are not contemplated for use)
A. The State of California’s General Prevailing Wage Rates are not applicable to this contract.
Note: The Federal “Payment of Predetermined Minimum Wage” applies only to federal-aid construction
contracts.
ARTICLE XIII CONFLICT OF INTEREST (Verbatim)
A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may
have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project.
CONSULTANT shall also list current clients who may have a financial interest in the outcome of this
contract, or any ensuing LOCAL AGENCY construction project, which will follow.
B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business
interest that would conflict with the performance of services under this contract.
(Choose either Option 1 or Option 2 if appropriate)
(Option 1 - Use paragraphs C & D below with paragraphs A & B above for PS&E contracts only)
C. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT
will bid on any construction contract, or on any contract to provide construction inspection for any
construction project resulting from this contract. An affiliated firm is one, which is subject to the control of
the same persons through joint-ownership, or otherwise.
D. Except for subconsultants whose services are limited to providing surveying or materials testing information,
no subconsultant who has provided design services in connection with this contract shall be eligible to bid on
any construction contract, or on any contract to provide construction inspection for any construction project
resulting from this contract.
(Option 2 - Use paragraphs C, D & E below with paragraphs A & B above for Construction Contract
Administration contracts only)
C. CONSULTANT hereby certifies that neither CONSULTANT, its employees, nor any firm affiliated with
CONSULTANT providing services on this project prepared the Plans, Specifications, and Estimate for any
construction project included within this contract. An affiliated firm is one, which is subject to the control of
the same persons through joint- ownership, or otherwise.
D. CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT,
will bid on any construction subcontracts included within the construction contract. Additionally,
CONSULTANT certifies that no person working under this contract is also employed by the construction
contractor for any project included within this contract.
E. Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing
service on this contract shall have provided services on the design of any project included within this contract.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim)
CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other
unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of
this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability;
to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise
recover the full amount of such rebate, kickback or other unlawful consideration.
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ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS
FOR LOBBYING (Verbatim)
(Include this article in all contracts where federal funding will exceed $150,000. If less than $150,000 in federal
funds will be expended on the contract; delete this article and re-number the notification article which follows.)
A. CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of
CONSULTANT to any person for influencing or attempting to influence an officer or employee of
any state or federal agency; a Member of the State Legislature or United States Congress; an officer
or employee of the Legislature or Congress; or any employee of a Member of the Legislature or
Congress, in connection with the awarding of any state or federal contract; the making of any state or
federal grant; the making of any state or federal loan; the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any state or federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency; a Member of
Congress; an officer or employee of Congress, or an employee of a Member of Congress; in
connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance
with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this
certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients
shall certify and disclose accordingly.
ARTICLE XVI STATEMENT OF COMPLIANCE
A. CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury
under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the
nondiscrimination program requirements of Government Code Section 12990 and Title 2, California
Administrative Code, Section 8103.
B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and
subconsultants shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Consultant and subconsultants shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the
5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et
seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full.
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Consultant and its subconsultants shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
(For contracts with Federal funding, add paragraphs C & D)
C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted
programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation
of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will
implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on
the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied
the benefits of or subject to discrimination under any program or activity by the recipients of federal
assistance or their assignees and successors in interest.
D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with
Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin,
religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of
materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices
when the Agreement covers a program whose goal is employment.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of perjury under the
laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, “OMB
Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies
that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager,
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any
federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been
indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any
matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this
certification must be disclosed to LOCAL AGENCY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in
determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating
agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services
Administration are to be determined by the Federal highway Administration.
ARTICLE XVIII FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract may have been written before ascertaining the
availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid
program and fiscal delays that would occur if the contract were executed after that determination was made.
B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for
the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations,
conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board
that may affect the provisions, terms, or funding of this contract in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any
reduction in funds.
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D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to
Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds.
ARTICLE XIX CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and
notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in
the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL
AGENCY’s Contract Administrator.
ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. This contract is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in
Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on
this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
B. The goal for DBE participation for this contract is_________%. Participation by DBE consultant or
subconsultants shall be in accordance with information contained in the Consultant Proposal DBE
Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached
hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform,
CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal
is not otherwise met.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the
performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant
shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.
CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration
of US DOT-assisted agreements. Failure by CONSULTANT to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL
AGENCY deems appropriate.
D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.
E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the
reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination,
CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).
F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of
the contract and is carrying out its responsibilities by actually performing, managing, and supervising the
work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies
used on the contract, for negotiating price, determining quality and quantity, ordering the material, and
installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a
CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be
paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.
G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or
project through which funds are passed in order to obtain the appearance of DBE participation. In
determining whether a DBE is such an extra participant, examine similar transactions, particularly those in
which DBEs do not participate.
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H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its
contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than
would be expected on the basis of normal industry practice for the type of work involved, it will be presumed
that it is not performing a CUF.
I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into
with certified DBEs. The records shall show the name and business address of each DBE or vendor and the
total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of
payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work.
J. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form
entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants”
CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT’s
authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure
to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of
the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be
returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business
Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.
K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify
CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE
during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of
certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within 30 days.
ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or
retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling
agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this
warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the
work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise
recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXII DISPUTES
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A through C below for all contracts without PS&E submittal)
A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of
by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and
(Insert Department Head or Official), who may consider written or verbal information submitted by
CONSULTANT.
B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review
by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for
review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from
full and timely performance in accordance with the terms of this contract.
(Option 2 - Replace Paragraph B, above, with the following for contracts requiring the submission of PS&E)
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B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and
estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims
or disputes, other than audit. The request for review will be submitted in writing.
ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal
participating funds are used in this contract; to review and inspect the project activities and files at all reasonable
times during the performance period of this contract including review and inspection on a daily basis.
ARTICLE XXIV SAFETY
(Use on all contracts regardless of funding source)
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary
safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL
AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall
wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined
that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall
comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the
protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
(Add to all contracts, which may require trenching of five feet or deeper)
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as
outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work,
method, operation, or process related to the construction or excavation of trenches which are five feet or
deeper.
ARTICLE XXV INSURANCE
(Choose either Option 1 or Option 2)
(Option 1 - for Contracts with a scope of services that may require the consultant or subconsultant to work
within the operating state or Local Agency Highway Right of Way; where there would be exposure to public
traffic or construction operations)
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a
Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for
CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per
occurrence.
B. The Certificate of Insurance will provide:
1. That the insurer will not cancel the insured’s coverage without 30 days prior written notice to LOCAL
AGENCY.
2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional
insureds, but only insofar as the operations under this contract are concerned.
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3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all
times during the term of this contract. In the event said insurance coverage expires at any time or times
during the term of this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said
expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for
not less than either the remainder of the term of the contract, or for a period of not less than one (1) year.
New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event
CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY
may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
(Option 2 - For Contracts with a scope of services that will not require the Consultant or subconsultant to work
within the operating State or LOCAL AGENCY Highway Right of Way where there would be exposure to public
traffic or construction Consultant operations)
CONSULTANT is not required to show evidence of general comprehensive liability insurance.
ARTICLE XXVI OWNERSHIP OF DATA
A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans,
specifications, and estimates produce as part of this contract will automatically be vested in LOCAL
AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY.
CONSULTANT shall furnish LOCAL AGENCY all necessary copies of data needed to complete the review
and approval process.
B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or
machine-readable form, are intended for one-time use in the construction of the project for which this contract
has been entered into.
C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by
CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or losses
arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other
projects for additions to this project, or for the completion of this project by others, except only such use as
many be authorized in writing by CONSULTANT.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as
appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are
permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and
irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for
government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR
A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by
CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is
required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel
available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and
for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against
construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.
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Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for
CONSULTANT’s personnel services under this contract.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor
claims will be performed pursuant to a written contract amendment, if necessary, extending the termination
date of this contract in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s
operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT
in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and
disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to
the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same
on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL
AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel
involved in the performance of this contract, at public hearings or in response to questions from a Legislative
committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by
LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
(For PS&E contracts add paragraph F, below, to paragraphs A through E, above)
F. All information related to the construction estimate is confidential, and shall not be disclosed by
CONSULTANT to any entity other than LOCAL AGENCY.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury
that no more than one final unappealable finding of contempt of court by a federal court has been issued against
CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to
comply with an order of a federal court that orders CONSULTANT to comply with an order of the National
Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to
CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the
contract record.
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ARTICLE XXXI RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.
(Local agency to include either B, C, or D below; delete the other two)
B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by
the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant
from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant
or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business and Professions Code. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event
of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant
performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime
consultants and subconsultants.
C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage
held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly
paid in full to subconsultants within 30 days after the subconsultant’s work is satisfactorily completed.
Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take
place only for good cause and with the Agency’s prior written approval. Any violation of this provision shall
subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified
in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or
impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or
subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant,
deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both
DBE and non-DBE prime consultant and subconsultants.
D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental
acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime
consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies
withheld in retention from a subconsultant within thirty (30) days after receiving payment for work
satisfactorily completed and accepted including incremental acceptances of portions of the contract work by
the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30)
days may take place only for good cause and with the agency’s prior written approval. Any violation of this
provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other
remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be
construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the
prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the
prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision
applies to both DBE and non-DBE prime consultant and subconsultants.
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ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this contract and changes
thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage
prepaid, and addressed as follows:
CONSULTANT:
, Project Manager
LOCAL AGENCY:
, Contract Administrator
ARTICLE XXXIII CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL
AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in
duplicate between the two parties. Both of these parties for and in consideration of the payments to be made,
conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms
and conditions of this contract as evidenced by the signatures below.
ARTICLE XXXIV SIGNATURES
(Name of CONSULTANT) (Name of LOCAL AGENCY)
(Signature) (Signature)
(Name of Signer) (Name of Signer)
Date:
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ADVANTEC CONSULTING ENGINEERS, INC.
FOR
ON CALL TRANSPORTATION AND ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY,” and ADVANTEC CONSULTING ENGINEERS, INC., a Callifornia corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide on call
transporation and engineering services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Leo Lee who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on ____________________, 20____ (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than three (3) years from the Commencement Date. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Three Hundred Thousand Dollars ($300,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall occur first. These
materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature)
arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any)
negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of
its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees
except such loss or damage which was caused by the sole negligence or willful misconduct of
CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act as
limitation upon the amount of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT’s professional liability in an amount not less than One Million Dollars
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($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY’s election, to
forthwith terminate this Agreement. Such termination shall not effect Consultant’s right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
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A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days’
prior written notice; however, ten (10) days’ prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
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be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
approved assignees, delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or
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other communications will be sent by notifying the other party via personal delivery, a reputable
overnight carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach
ATTN: Bill Janusz
2000 Main Street
Huntington Beach, CA 92648
ADVANTEC Consulting Engineers, Inc.
ATTN: Leo Lee
1200 Roosevelt
Irvine, CA 92620
949-861-4999
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
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covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
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CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY’S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney’s fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,
have been made by that party or anyone acting on that party's behalf, which are not embodied in this
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Agreement, and that that party has not executed this Agreement in reliance on any representation,
inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
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166
EXHIBIT A
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide consulting services on an 'as-needed' basis for projects to be
determined during the term of the agreement. During the term of the agreement, CITY may elect to
solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the
scope of services, work schedule, and fee proposal submitted to CITY for its review and approval.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of
Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications
for On Call Transportation and Engineering Services. Upon award, and the contract period, if
CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit
the names and qualifications of these staff to CITY for approval before commencing work.
CONSULTANT shall comply with all Local Assistance Procedures Manual (LAPM), the Caltrans
Construction Manual, the Federal Highway Administration requirements, and Caltrans A&E
Sample Contract Language known as Exhibit 10-R, which includes, Caltrans Consultant Proposal
DBE Commitment known as Exhibit 10-O1 and/or 10-O2, and Caltrans Disclosure of Lobbying
Activities known as 10-Q (Exhibit C).
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Furnish scope of work request for each project.
2. Furnish construction plans and specifications to the CONSULTANT.
D. WORK PROGRAM/PROJECT SCHEDULE:
A project schedule will be developed for each project assigned by CITY.
167
Exhibit B
1
EXHIBIT “B”
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month’s bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
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Exhibit B
2
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
.
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ADVANTEC CONSULTING ENGINEERS, INC.
FOR
ON CALL TRANSPORTATION AND ENGINEERING SERVICES
Table of Contents
1 Scope of Services .....................................................................................................1
2 City Staff Assistance ................................................................................................2
3 Term; Time of Performance .....................................................................................2
4 Compensation ..........................................................................................................2
5 Extra Work ...............................................................................................................2
6 Method of Payment ..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance......................................................................…….4
10 Certificate of Insurance ............................................................................................5
11 Independent Contractor ............................................................................................6
12 Termination of Agreement .......................................................................................6
13 Assignment and Delegation ......................................................................................6
14 Copyrights/Patents ...................................................................................................7
15 City Employees and Officials ..................................................................................7
16 Notices……………………………………………………………………………..7
17 Consent ....................................................................................................................8
18 Modification .............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement ..............................................................................8
21 Duplicate Original ....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited ................................................................9
24 Attorney's Fees ..........................................................................................................10
25 Survival .....................................................................................................................10
26 Governing Law .........................................................................................................10
27 Signatories.................................................................................................................10
28 Entirety ......................................................................................................................10
29 Effective Date………………………………………………………………………11
170
171
QUALIFICATIONS FOR
City of Huntington Beach
On-Call Transportation
Engineering Services
Date: January 11, 2018
172
173
174
175
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REQUEST FOR PROPOSAL
VENDOR APPLICATION FORM
TYPE OF APPLICANT: NEW CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________
Contact Person for Agreement: ____________________________________________________
Corporate Mailing Address: ________________________________________________
City, State and Zip Code: __________________________________________________
E-Mail Address: _________________________
Phone: ________________________ Fax: ________________________
Contact Person for Proposals: ______________________________________________________
Title:______________________________ E-Mail Address: ______________________
Business Telephone: _________________________ Business Fax: ________________
Is your business: (check one)
NON PROFIT CORPORATION FOR PROFIT CORPORATION
Is your business: (check one)
CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
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Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names Title Phone
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
Federal Tax Identification Number: __________________________________________
City of Huntington Beach Business License Number: _____________________________
(If none, you must obtain a Huntington Beach Business License upon award of contract.)
City of Huntington Beach Business License Expiration Date: __________________________
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Table of Contents | v
TABLE OF CONTENTS
COVER LETTER i
VENDOR APPLICATION FORM iii
PRE-QUALIFICATION FORM iv
1. FIRM QUALIFICATIONS 1
1.1 ADVANTEC Consulting Engineers 1
1.2 Comprehensive Team Experience 2
1.3 Key Personnel 3
1.4 References 4
1.5 Synopsis of Firm’s Project Approach and Unique Qualities that Benefits the City 5
2. STAFFING AND PROJECT TEAM EXPERIENCE 6
2.1. Staffing 6
3. PROJECT UNDERSTANDING AND METHODOLOGY 7
3.1. Project Understanding 7
3.2. Project Methodology 8
3.3. Innovative Approaches and Solutions to Similar Projects 9
3.4. Project Innovations 12
3.5. Familiarity with State and Federally Funded Projects 13
3.6. Financial Responsibility 13
APPENDIX A - Referenced Tables and Figures A
APPENDIX B - Addendum Acknowledgements B
APPENDIX C - Required Forms C
APPENDIX D - Key Personnel Resumes D
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SECTION 1: FIRM QUALIFICATIONS
1.1 ADVANTEC Consulting Engineers
ADVANTEC Consulting Engineers, a California Corporation, is a DBE/SBE
consulting firm specializing in Traffic Engineering, Traffic Studies, Transportation
Planning and Engineering, Traffic Signal Timing, Coordination and Operations,
Intelligent Transportation Systems (ITS), Active Transportation and Civil
Engineering. ADVANTEC’s mission is to provide quality engineering to the
community that would result in perceptible improvements towards the quality of
life, safety, and efficiency of transportation. Founded in 1998, ADVANTEC is a
professional consulting firm specializing in planning, engineering and technology
services. Our name stands for our focus to capture ADVANCEMENTS in
TECHNOLOGY for the benefits of our clients, thus providing innovative solutions
that meet the needs of our clients and the public they serve. ADVANTEC has
assisted over 110 local municipalities, regional transportation agencies, and state
governments in meeting their transportation and city engineering needs. We
provide these solutions as part of our firm’s specialized areas of practice: Traffic
Engineering, Transportation Engineering, Traffic Signal Timing, Coordination and
Operations, Intelligent Transportation Systems, Traffic Studies, Transportation
Planning, Active Transportation, and Public Works/Municipal Engineering.
This year marks the 20th Anniversary of ADVANTEC, and we have earned a
reputation for responsiveness to the clients’ needs. In the past 20 years, we have a 100% on-time within-budget
record on over 600 projects, serving over 100 satisfied clients, most of which are cities and public agencies. We
maintain our reputation by upholding our firm’s high standards of quality, client service, and professional
integrity. Our unparalleled expertise has led to ADVANTEC being the On-Call Traffic Engineering Consultant for
more than 30 public agencies including: John Wayne Airport, Caltrans District 7, Caltrans District 8, Los Angeles
County Metropolitan Transportation Authority (MTA), Orange County Transportation Authority (OCTA), cities
of Irvine, Anaheim, Newport Beach, Laguna Beach, Mission Viejo, Yorba Linda, Diamond Bar, Covina, Glendale,
Pomona, Chino Hills, Rancho Cucamonga, Inglewood, Irwindale, Los Angeles, Downey, Santa Clarita, in addition
to Los Angeles County, and the Port of Long Beach. We have four local offices in Southern California, with 33
professional engineers and technical staff, to serve our clients and partners such as the City of Huntington
Beach.
ADVANTEC OFFICES:
Orange County Office:
1200 Roosevelt
Irvine, CA 92620
Ph: 949-861-4999
Los Angeles County
Offices:
21700 Copley Drive
Diamond Bar, CA 91765
Ph: 909.860.6222
1008 W. Avenue M14,
Suite A/D115
Palmdale, CA 93551
Inland Empire Office:
3200 E. Guasti Road
Suite 100
Ontario CA 91761
Ph: 909.605.9300
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1.2 Comprehensive Team Experience
ADVANTEC has an outstanding reputation in the field of traffic and transportation engineering. ADVANTEC has
provided similar Transportation Engineering On-Call Services to many agencies in California including cities,
counties, and Caltrans.
Traffic Engineering and Intelligent Transportation System Design Services – ADVANTEC has an outstanding
reputation in the field of traffic engineering. Members of the firm have extensive project experience working
directly for municipal, county, state, and federal agencies, as well as providing consulting services to private
clients. ADVANTEC's specific traffic engineering services include:
✓ Signing and Striping
✓ Stage Construction/Traffic
Handling
✓ Traffic Signal Systems
✓ Traffic Signal Communication
Systems
✓ Intelligent Transportation
Systems
✓ Traffic Management Centers
✓ System Integration
✓ Traffic Surveillance Systems
✓ Ramp Metering Systems
✓ Dynamic Message Signs
✓ Video Surveillance/Detection
Systems
✓ Signal Timing and
Coordination
✓ Lighting Systems
✓ Utility Relocation
Coordination
✓ Agency Permitting
✓ Shop Drawings Review
✓ Construction Support
Preparation of Record Drawings
✓ Contract Administration
✓ Shop Drawings Review
✓ Construction Management
✓ Construction Inspection
Traffic Studies – ADVANTEC emphasizes traffic planning and design techniques to satisfy the requirements of a
study site's traffic while minimizing the impact on non-site traffic. This is accomplished by utilizing any or all of
the following external study site traffic analyses:
✓ Before and After Travel
Demand
✓ Traffic Impact Analysis
✓ Intersection Level of
Service Analysis
✓ Traffic Signal System
Evaluation
✓ Circulation Analysis
✓ Parking Analysis
✓ Engineering and Speed
Survey
✓ Traffic Signal Communication Master
Plan
✓ Traffic Signal Warrants
✓ Lane Storage Analysis
✓ Sight Distance Analysis
Traffic Signal Timing, Coordination and Operations – ADVANTEC strives to improve traffic progression and
minimize travel delay to the public. When it comes to signal timing, coordination and operations we review all
critical traffic signal, timing parameters, and detector attributes and settings to insure optimal and safe traffic
signal operation at all project intersections for both coordinated and free operation. Some of the key traffic
signal synchronization elements include:
✓ Signal Timing
✓ Signal Operations
✓ Signal Implementation
✓ Signal Synchronization
✓ Signal Optimization and
Fine Tuning
✓ Before and After Studies
✓ Measurements of
Effectiveness
✓ Arterial Level of Service
✓ Greenhouse Gas Emissions
Reporting
✓ Minimum Greens
✓ Pedestrian crossing distance
✓ Pedestrian crossing speed
✓ Yellow times
✓ All-red times
✓ Detection parameters
See the Appendix for additional core services as shown in Table A.1, and a matrix of similar projects with their
associated elements of work are shown in Table A.2.
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1.3 Key Personnel
ADVANTEC recognizes that the successful delivery of a high-quality traffic and transportation
planning/engineering projects starts with assigning a Project Manager that possesses superior technical,
management and leadership skills. Mr. John Dorado, PE will serve as Project Manager, leading our team and
functioning as primary point of contact to the City. He will be supported by experienced key personnel that are
California-Registered Civil and Traffic Engineers, as well as other qualified professionals capable of managing
day-to-day tasks under this contract. Table 1.1 identifies ADVANTEC's proposed key personnel including their
role, years of experience, relevant project experience and associated responsibilities.
Table 1.1 – Key Personnel, Relevant Project Experience and Responsibilities
Key Personnel,
Role, and
Experience
Representative Project Experience and Responsibilities
John Dorado, PE
Project Manager
18 years Experience
▪ On-Call Traffic Engineering Services (Newport Beach, CA) – Project Manager, serves as primary point of
contact; prepares task orders, scope and fees. Responsible for preparation and delivery of traffic engineering
and ITS PS&E, construction support, traffic studies, signal timing/condition, and other.
▪ Traffic Impact Analysis (TIA) Review for LA Fitness (Seal Beach, CA) – Project Manager, responsible for review
of TIA and recommendations, and attendance for public EIR, planning commission and City Council meetings.
▪ Goldenwest Street Traffic Signal Synchronization Project (Orange County, CA) – Task Leader, responsible for
preparation of PS&E for fiber optic communications (1st Phase) and TMC upgrades for Huntington Beach.
▪ Traffic Monitoring CCTV System Gap Closure Project (Culver City, CA) – Deputy Project Manager, responsible
for the preparation of ITS Assessment Report, selection of new CCTV camera system, and preparation of PS&E
for CCTV, fiber, new communications, and upgrades at TMC.
▪ Ball Rd and Anaheim Blvd Intersection Improvement Project – (Anaheim, CA) – Traffic Engineering Task Leader,
responsible the traffic study that determined the final intersection geometry, turn pocket storage & signal
phasing, and PS&E for traffic signal modification, communications, street lighting & signing/striping.
Carlos Ortiz, PE, TE,
PTOE
Project Director
28 years Experience
▪ On-Call Traffic Engineering Services (Anaheim, CA) – Project Manager, served as primary point of contact;
prepares task orders, scope and fees. Responsible for preparation and delivery of traffic engineering and ITS
PS&E for traffic signals, communications, ITS, signing/striping, traffic control.
▪ On-Call Traffic Engineering Services (Cypress, CA) – Project Manager, served as primary point of contact;
prepares task orders, scope and fees. Responsible for preparation and delivery of traffic engineering and ITS
PS&E for traffic signals, communications, ITS, signing/striping, traffic and control.
▪ Bicycle System Gap Closures and Improved LA River Bike Pat h Access (Long Beach, CA) – Project Manager,
responsible to provide preliminary engineering, community outreach, final engineering, and preparation of
forms to request authorization to proceed with construction.
Mark Esposito, PE,
TE, PTOE
Task Leader – Traffic
and Transportation
Engineering PS&E
27 years Experience
▪ Ball Road Traffic Signal Synchronization Program (TSSP) Project (Buena Park, Anaheim, and Orange and
Caltrans, CA) – Project Manager, responsible for the 11-mile Ball Road TSSP project. This involved 39 traffic
signals through 4 agencies and Caltrans; and PS&E for signal modifications and communication upgrades.
▪ Harbor Boulevard at Gisler Avenue Widening & Signal Modification Project (Costa Mesa, CA) – Project
Manager, responsible for responsible for the preparation of traffic signal modification and cantilever overhead
sign PS&E for two different phases of work
▪ Mission Village Phase 1-3 new multi-family home development (Los Angeles County, CA) – Lead Project
Engineer, responsible for PS&E for 17 traffic signals, 2.5 miles of signing and striping, as well as, preparing street
lighting calculations and design plans.
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Key Personnel,
Role, and
Experience
Representative Project Experience and Responsibilities
Jose Guedes, TE
Task Leader – Traffic
Signal Timing and
Operations and ITS
Planning and Design
27 years Experience
▪ Citywide Communications Master Plan Update & Fiber Optic Communications and Signal System Upgrade
(Lancaster, CA) – Project Manager, responsible for the Citywide Communication Master Plan Update, and
PS&E for installation of 35 miles of fiber optics communications, wireless communications, CCTV cameras, and
upgrade of traffic signal central system and controllers for 140 signalized intersections.
▪ Seal Beach Blvd TMC & ITS Improvements (Seal Beach, CA) – Project Manager, responsible for updated signal
timing and signal synchronization (15 signals), and he also and managed construction (Design-Build) of Traffic
Management Center, Fiber-Optics communications network, and ITS upgrades.
▪ Magnolia Avenue Traffic Signal Synchronization and ITS Project (OCTA, Orange County, CA) – Project
Manager, responsible for development of signal synchronization (54 signals) and implementation of new
hardware and wireless communication infrastructure. Project included signals in the cities of Fullerton,
Anaheim, Stanton, Fountain Valley, Westminster, and Huntington Beach.
Ed Miller, PE, TE
Task Leader – Traffic
& Transportation
Studies
35 years Experience
▪ Caltrans District 8 On-call Traffic Engineering Services – Project Manager, responsible for preparation of various
studies including LOS analysis, stop warrants, signal operations, street diet, traffic warrants.
▪ Outlets at Tejon Ranch, Lebec, CA - Project Manager, responsible for the Traffic Impact Study on the 550,000
square-foot outlet mall adjacent to the Interstate 5/Wheeler Ridge Road Interchange in Lebec, CA
▪ Imperial Highway Smart Street, Cities of La Habra, Fullerton, Brea, CA - Project Manager, responsible for
development of a Precise Alignment Study and the PS&E package for the Imperial Highway (State Route 90)
Smart Street Improvements from the Los Angeles/Orange County line to Rose Drive; a distance of 8.5 miles. This
project traversed through the Cities of La Habra, Fullerton, Placentia, Brea and Yorba Linda.
Tracy Moriya
Task Leader – Plan
Review
29 years Experience
▪ Anaheim Plan Checking Services (Anaheim, CA) – Project Manager, as part of the City’s On-Call Traffic
Engineering Services, (since 1998), responsible for plan checking various transportation plans, which includes
traffic signal modification, signing and striping and traffic control plans prepared by developers and consultants.
▪ On-Call Traffic Engineering (City of Diamond Bar) – Project Manager, responsible for QA/QC review of
consultant design plans, responding to Contractors RFI’s on current construction projects, preparing traffic
engineering studies, prepare Safe Routes to School design plans, Traffic Control plan checking reviews and
coordinating with the City in responding to citizen’s complaints
▪ Avalon Boulevard Traffic Signal Synchronization Project and Signing/Striping (County of Los Angeles, CA) –
Project Manager, responsible for upgrading 31 traffic signals along Avalon Boulevard in the City of Carson, parts
Los Angeles County and Caltrans. Managed a team of design engineers for field inventory along the corridor,
prepared recommendations, and provided final plan review for the County and the City of Carson.
Keith Rand, PE, TE
Task Leader –
Construction
Support
24 years Experience
▪ I-405 Express Lanes Design Build Project (OC405 Partners Joint Venture/OCTA – Santa Ana, Costa Mesa,
Huntington Beach, CA) – Project Manager, responsible for constructability reviews for lighting concept plan,
temporary TMS capacity analysis, temporary TMS performance monitoring plan, temporary RMS/CCTV/TMS
details, and several design packages encompassing over 200 design plans.
▪ I-15 Express Lanes Design Build Project (RCTC – Corona, Eastvale, CA) – Project Manager, responsible for
providing ITS design of Caltrans traffic management system (TMS) components (i.e., ramp metering, traffic
monitoring stations, closed circuit television cameras, changeable message signs, and fiber optic backbone) and
design review for the toll collection system components (i.e., toll gantries, CCTV, CMS, detection, etc.).
▪ Hamner Avenue Bridge Replacement over Santa Ana River (RCTD – Norco/Eastvale, CA) – Project Manager,
responsible for the providing the traffic operations analysis for the Hamner Ave Bridge Replacement over the
Santa Ana River, along with the widening of Hamner Ave between Detroit St and Citrus St.
1.4 References
References from similar projects are provided below in Table 1.2.
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Table 1.2 – References from Similar Projects
Project Name / Description Reference & Project Info Project Elements
Engineering Staff Augmentation (2015-Present), Anaheim, CA –
Under the City of Anaheim’s On-Call, ADVANTEC has provided the
city with staff augmentation services that allows the traffic division
to function effectively during high volume of plan submittals.
ADVANTEC provides plan checking services to review traffic control
plans. Key Features: On-Call Plan Checking Services; Staff at City Hall
2- Days a week; Signing and Striping Review; Traffic Control Review;
Traffic Signal Review; and Traffic Study Review.
Reference: City of Anaheim
Mr. Rafael Cobian
(714) 765-4991
rcobian@anaheim.net
Date Range: 2015 to Present
Fees: Time and Materials
Project Team: PM: Tracy
Moriya; Key staff: Mark
Esposito, Support Staff:
Enrique Biche, Alex Sequeria
▪ City of Anaheim Municipal Engineering
▪ On-Call Plan Checking Services
▪ Plan Check Review
▪ Staff at City Hall (2 days a week)
▪ Close coordination with City staff
Traffic Signal Rehabilitation Project, Newport
Beach, CA – As part of our City of Newport Beach
On-Call Traffic Engineering services, ADVANTEC
is responsible for the preparation of plans,
specifications, and estimates (PS&E) and
construction engineering assistance for the traffic signal
rehabilitation work at the following existing signalized intersections:
1) Newport Center Drive E/Santa Rosa Drive, 2) Jamboree
Road/University Drive, and 3) Jamboree Road/Bison Avenue.
Upgrades consist of replacing outdated poles, signal heads,
pedestrian heads, pedestrian and bicycle push buttons, emergency
vehicle pre-emption (EVP), Econolite Cobalt controllers, controller
cabinets, and service cabinets.
Reference:
City of Newport Beach
Mr. Eric Loke
(949) 644-3336
eloke@newportbeachca.gov
Date Range: 2016 to Current
Design Cost: $26,000
Project Team: PM: John
Dorado; Key Staff: Carlos
Ortiz; Support Staff: John
Cox, Kheang Tang, Ryan
Miller, Kevin Ferrer
▪ Upgrade Signal Equipment
▪ New Signal Controllers
▪ New CCTV cameras
▪ Fiber Optic Communication
Modifications
▪ LED Safety Lighting and Lighting Analysis
▪ ADA Compliance/Ped Ramps
▪ Vehicle/Bicycle Detection
▪ Utility and SCE Coordination
▪ Construction Assistance/ Bid Addenda/
Shop Drawing Reviews/ RFI’s/ As-Builts
▪ Approx. construction cost: $625K
On-Call Traffic Engineering Services, OCTA, CA
- Over 7 years, ADVANTEC has served as a lead
firm to manage, design and implement
improved and enhanced signal timing, signal
synchronization and traffic operations for
multiple arterial corridors in Orange County,
totaling over 350 intersections. The project
objective was to improve arterial traffic flow,
improve travel-time and reduce delay-along
these major corridors in the county. Benefits to be gained by
improving traffic flow include reduced fuel consumption and
improved air quality. In the process, ADVANTEC has worked with
many cities in Orange County and Caltrans to improve their traffic
hardware and Intelligent Transportation System infrastructure.
Reference: OCTA
Mr. Ron Keith
(714) 560-5990
rkeith@octa.net
Date Range:
2007 to 2014
Fees: Varies
Project Team:
PM: Jose Guedes
Key staff: Mark Esposito,
Carlos Ortiz
Support Staff: John Cox,
Kheang Tang, Ryan Miller
▪ Traffic Signal Synchronization over 350
signalized intersections
▪ Coordination with Caltrans
▪ Coordination with Cities including Buena
Park
▪ Evaluation of pedestrian and vehicle
traffic patterns
▪ ITS and CCTV System Design
▪ New Traffic Signal Controllers
▪ Timing Plan Implementation and Fine-
Tuning
▪ Approx. construction cost: $1-2.5M each
Indian Hill Boulevard, Gold Line Light Rail Extension Traffic Analysis,
Claremont, CA - ADVANTEC provided
traffic engineering services to the
City of Claremont to evaluate the
impact the proposed Gold Line Light
Rail extension at the Indian Hill
Boulevard railroad crossing. Currently, the at-grade railroad crossing
is being utilized by Metrolink and freight trains. Indian Hill Boulevard
is a major road which provides access to City of Claremont’s historic
downtown and nearby residential areas and businesses. ADVANTEC
worked directly with the City of Claremont to identify the needs of
the City and local community. The traffic analysis was developed to
provide the potential traffic impact due the Gold Line Light Rail
extension. The findings were presented to the City Council.
Reference:
City of Claremont
Mr. Vincent Ramos
(909) 399-5395
vramos@ci.claremont.ca.us
Date Range:
2016
Fees: $18,000
Project Team:
PM: Mark Esposito,
Key staff: Carlos Ortiz, John
Dorado
▪ On-call services
▪ Analyzed the impact of the Gold Line light
rail extension will have on the Indian Hill
Boulevard “at-grade” railroad crossing
▪ Multi-year analysis performed to capture
the existing, opening, horizon year
railroad crossing traffic impact
▪ Developed traffic simulation model to
identify the anticipated additional vehicle
queue length due the addition of the
Gold Line light rail.
See the Appendix for additional reference projects, as shown in Table A.3.
1.5 Synopsis of Firm’s Project Approach and Unique Qualities that Benefits the City
Mobilizing appropriate staff quickly is essential to smooth commencement and progression of the various tasks
that will be assigned under the On-Call Transportation Engineering Services for the City of Huntington Beach.
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This requires a balanced management and technical approach that emphasizes streamlined communication
and quality control. As a partner to the City, the ADVANTEC Team will commit to the delivery of each assigned
Task Order within time and budget. We recognize City staff has high expectations for capability and
performance. In assembling our team, ADVANTEC has delivered on those expectations by forming a team with
the following attributes in Table 1.3.
Table 1.3 – Project Related Qualifications, Approach and Experiences
Quality Project Related Qualifications, Approach and/or Experiences
Proven
Expertise
ADVANTEC has performed over 200 engineering projects that required evaluation of multi-modal facilities including
pedestrians, bicyclists, vehicles, and transit. Some of these projects required community and stakeholders’ meetings
Familiarity with
On-Call
Consulting
Engineering
Services With
Public Agencies
ADVANTEC has been the On-Call Civil and Traffic Engineering Consultant for more than 20 public agencies including
the Cities of Los Angeles, Anaheim, Covina, Irvine, Glendale, Pomona, Rancho Cucamonga, Inglewood, Irwindale, Yorba
Linda, Diamond Bar, Newport Beach, Mission Viejo, Laguna Beach, Downey, and Santa Clarita, in addition to the
County of Los Angeles, Port of Long Beach, John Wayne Airport, Caltrans District 7, Caltrans District 8, Los Angeles
County Metropolitan Transportation Authority (MTA), Orange County Transportation Authority (OCTA), and the
Metropolitan Transportation Commission (MTC) of Bay Area.
Successful
Strategies to
Deliver On-Call
Professional
Engineering
Services
ADVANTEC implements successful strategies to deliver projects and task orders on an as-need basis. It begins with a
responsive project manager that proactively communicates with the City throughout the life of the contract, and will
respond to inquiries within 24 hours and will be available as needed. Our quality assurance and quality control program
will provide quality products and build the confidence needed from the City to use ADVANTEC on a wide range of
projects. Our quality products will minimize City staff review time and maximize efficiency, reducing overall project
schedules. Finally, we have the local expertise and staffing required to meet the needs of this on-call contract and
provide other support services.
Consideration
of Multi-Modal,
Complete
Streets, Green
Street,
Sustainable
Improvements
ADVANTEC has the “Multi-Modal, Complete Streets, Green Street, Sustainable” mentality when
it comes to improving the environment, safety and mobility to all users including motorists,
bicyclists, transit operators and users, and pedestrians of all ages and abilities. Our approach
to implementing the “Multi-Modal, Complete Streets, Green Street, Sustainable” concept
begins at the inception of a proposed project and follows throughout the life of a project
making sure all users are routinely considered during the planning, designing, building and
operations of all traffic and transportation planning and engineering improvements.
Successful
Completion of
Capital
Improvement
Projects
ADVANTEC has been successful on understanding and delivering various capital improvement projects from simple to
complex improvements; ranging from public involvement to meeting extraordinary stakeholders needs while staying
on schedule and within budget. It begins with our project management approach and project improvement
considerations, such as: complete streets enhancements, traffic studies and analysis, roadway geometrics, roadway
cross slopes, hydrology, sustainable site improvements, landscape architecture, ADA consi derations, storm drain,
catch basins, water, sewer, construction staging, traffic control and detours, traffic signal, communications and
intelligent transportation systems, traffic signal timing and coordination, street and pedestrian lighting system,
roadway signage and striping.
Developing
Strategies,
Planning and
Implementing
Active
Transportation
Projects
ADVANTEC identifies strategies to increase walking, bicycling and transit use; and strives to incorporate these active
transportation elements on public improvement projects. We recognize the importance of implementing these
projects can improve public health by providing more opportunities for physical activity; reduce transportation costs,
greenhouse gas emissions, traffic congestion and support the local economy. Examples of active transportation
enhancements may include: improving the first and last mile access to transit, provide a regional network of active
transportation facilities including shared-use paths and on-street bikeways. We take pride in identifying these
opportunities and can assist with grant applications for funding.
SECTION 2: STAFFING AND PROJECT TEAM EXPERIENCE
2.1 Staffing
The ADVANTEC Team brings a group of highly specialized personnel with a defined work history on previous
similar projects. Our expert team is committed to the City of Huntington Beach success and will provide the
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appropriate technical expertise as required by the City of Huntington Beach. ADVANTEC’s proposed project
team is committed to providing responsive service to the City of Huntington Beach. The proposed key team
members are intended to serve in their respective roles throughout the duration of the agreement. ADVANTEC
has proposed a local team comprised of professionals with over 300 years of combined experience. Our team
members are experienced in delivering successful task orders on similar contracts, familiar with City of
Huntington Beach roadways, traffic signals and signal communication system, and knowledgeable about the
community. Our organizational chart, as shown on Figure 2.1, illustrates the proposed organizational structure
of our project team. Our team brings together all of the skills and expertise required to ensure satisfactory
completion of all elements of the RFP.
Figure 2.1 –Organization Chart
Full resumes of Key Personnel and Task Leaders are provided in the Appendix.
SECTION 3: PROJECT UNDERSTANDING AND METHODOLOGY
3.1 Project Understanding
The City of Huntington Beach intends to contract with qualified firms to provided comprehensive Professional
Transportation Engineering Services on an on-call/as-needed basis for a contract term of three years. It is
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anticipated that under the On-Call Professional Transportation Engineering Services contract, ADVANTEC will
provide, at a minimum, the services outlined in the RFP. The ADVANTEC Team includes senior licensed Civil and
Traffic Engineers that have experience providing civil engineering and traffic engineering services as defined
under the services indicated above.
3.2 Project Methodology
ADVANTEC’s approach to
engineering projects is based on
years of project experience
completing planning and design
projects for public agencies across
California. Through this experience
we have developed a logical,
efficient approach that blends
basic principles of civil engineering
with our fresh, creative thought
process. Figure 3.1 illustrates our
process once a task order is requested. One key element to our success is communication with the City’s Project
Manager from task order beginning to end to make sure that the City stays current on design issues. We
understand the importance of responding quickly so that accurate decisions can be made. Recognizing that
each project will develop its own challenges and unique tasks based on location, and that the breadth of study
area and design issues will vary from project to project, we generally follow a similar approach when initiating
a project task:
Understand the City’s Goals: In order to be successful on any project, it is vital that the Project Manager and
Task Leaders understand the final product. We will meet with City staff to learn what the important issues are
on each task order. We will understand the budget, schedule, and scope of work before planning the project
so that we can begin to formulate a detailed scope of work and identify critical path issues.
Prepare a Detailed Work Plan: We will define all project tasks, their relationship with one another, and their
associated time frame for completion. We will develop a list of needs so that we can identify specialized
expertise that may be required to maintain schedule and complete tasks. Budgets will be established for each
task to ensure that the project team stays on track. We will provide City staff with a detailed Project Schedule.
In addition, we will provide the City with our Project Management Plan, Quality Control/Quality Assurance Plan,
and Resource Plan.
Figure 3.1 – Process for Managing Task Order Requests
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Project Execution: Following notice to proceed, we will coordinate resources, oversee
the completion of technical tasks, and keep the project team and stakeholders
informed of the project’s status and any new findings. Our Project Manager will
continuously monitor the project’s progress, budget and schedule to identify areas
requiring attention. Phone conferences will be held with the City’s project manager and
key stakeholders regularly to identify issues early and keep everyone informed of the
project’s status. ADVANTEC uses various project management tools that will give all team members and City
staff access to archived deliverables, milestone schedules, to-do lists, and a history of project communications
— further fostering a collaborative working environment. Sharefile/Drop Box internet tools can be set up to
facilitate sharing of files between City and ADVANTEC.
Final Project Delivery and Closeout: As each project comes to a close, Mr. Dorado will confirm that all final
deliverables have been provided. These include all digital files and hard copies in the City’s preferred format.
Final invoices will be processed quickly to facilitate contract administration.
Experience Working with Concurrent Task Assignments: ADVANTEC takes great pride in our long-standing
history of providing both as-needed and extension of staff services for public sector clients. Our staff is
accustomed to meeting demanding project schedules by pooling our resources from skilled staff throughout
the region, when necessary, to ensure our clients are provided the highest quality of service and on-time
performance.
3.3 Innovative Approaches and Solutions to Similar Projects
Below are some of our innovative approaches and solutions that can be provided under this Contract.
ADVANTEC will present similar work plans to the City of Huntington Beach for each task that will be assigned
under this Contract.
TRAFFIC ENGINEERING work plan – ADVANTEC will provide traffic engineering services and will assist in the
review, analysis, and preparation of traffic engineering reports and design plans. As part of this task,
ADVANTEC will provide the following services under this task: conduct traffic surveys and data collection;
investigate vehicle, transit, pedestrian, and bicyclists characteristics; review and comment on the impact of
development; evaluate roadway / intersection operations; evaluate parking and multi-modal operations;
Identify and make recommendations on traffic safety; geometric and channelization designs; and review
design plans developed in conjunction with private development. Our general work plan for these tasks
consist of:
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ADVANTEC will collect all necessary documents from the City and other agencies, including traffic data,
accident data, reports, and improvement plans in order to review, analyze, and provide recommendations
and to ensure the safe and efficient operation of the transportation system in the City of Huntington Beach.
ADVANTEC will generate a variety of traffic engineering studies, to analyze and document projects at
various stages of development. ADVANTEC will utilize Caltrans,
City of Huntington Beach design standards, California Manual
on Uniform Traffic Control Devices (CA MUTCD), Institute of
Transportation Engineers (ITE), Urban Land Institute, California
Vehicle Code and industry policies and standards for the
evaluation and analysis of intersection and roadway systems.
ADVANTEC will perform an in-depth field analysis to verify record information including existing roadway
lane geometrics, intersection control, signal phasing, and signing/striping. ADVANTEC will maintain a photo
log of the project. Key technical issues will be identified after the field review has been conducted.
ADVANTEC will provide traffic engineering studies, which summarizes: the existing and proposed
conditions, references requirements and assumptions, intersection, roadway, and circulation analysis, and
recommendations. Supporting technical data and graphical illustrations will be included in the reports.
ADVANTEC has the experience to provide the City with different types of traffic engineering analysis and
reports; including accident analysis, delay analysis, lane storage capacity, roadway and intersection level-
of-service, vehicle and pedestrian circulation analysis, traffic impact analysis, before and after travel
demand, engineering and speed survey, sight distance analysis, and queuing analysis.
ADVANTEC will prepare geometric and channelization plans as requested by the city. ADVANTEC will show
existing and proposed conditions on the plans. Constraint areas will be provided to the city along with
design recommendations. ADVANTEC will prepare final PS&E for each assigned project. ADVANTEC will
provide PS&E submittals at 30% (conceptual), 95%, and 100% completion.
ADVANTEC will provide third party review of traffic engineering studies, design plans, technical
specifications, and engineer’s estimates prepared by others to assure consistency with the City’s General
Plan elements, compliance with local and regional mandates and compatibility with other proposed
developments and improvements. If required, ADVANTEC will prepare grant applications. ADVANTEC will
work directly with the City staff to provide all the information required to be included with each specific
application. ADVANTEC will work with the City to obtain vehicle and pedestrian traffic data, accident data
and additional information that will be required in order to prepare each specific grant application.
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TRANSPORTATION work plan – ADVANTEC will provide transportation
planning and transportation engineering services and will assist in
reviewing and analyzing existing/proposed transportation facilities to
ensure the safe and efficient operation of the transportation system. In
addition, ADVANTEC will provide the following services under this task:
confirm the adequacy of transportation facilities; analyze and organize
transportation funding programs and policies; analyze and prepare reports and provide recommendations
relative to the City’s transportation programs; prepare studies for future design and operation of street,
pedestrian, bicycle, transit, and/or other transportation systems; and evaluate or design intelligent
transportation systems. Our general work plan for these tasks consist of:
ADVANTEC will collect all necessary documents, including reports and plans to analyze and organize
transportation funding programs and policies. ADVANTEC will address current funding sources available
from federal, state and county agencies. ADVANTEC will address other funding sources where funds may
be available to improve the city’s transportation system. ADVANTEC will review and analyze current
transportation program and will provide alternatives/options and recommendations. ADVANTEC will
review and analyze existing/proposed project conditions and will provide recommendations to improve
vehicle, transit, bicyclist, and pedestrian operations and circulation.
ADVANTEC will review the city’s current traffic signal communication systems, traffic management system,
type of signal controller system, and other existing field element. ADVANTEC can provide the city with an
Advanced Traffic Management System (ATMS) Master Plan that will evaluate the city’s current system and
will provide a recommendation for the implementation of a state-of-the-art system that will be based on
state/county system architectures, be able to provide real-time information to the city and community,
and can be integrated with adjacent agencies. In addition, the ATMS Master Plan can provide information
for the city to understand, prepare, and developed a transportation plan for the upcoming integration of
connected/automated vehicles and Smart Cities – transportation technologies. ADVANTEC will prepare
transportation studies, which summarizes: the existing conditions, references requirements and
assumptions, engineering analysis, and recommendations. Supporting technical data and graphical
illustrations will be included in the reports.
PRESENTATIONS AT PUBLIC MEETINGS work plan
Our project manager, task leaders, and designated staff will be available to provide presentations at
community meetings, city commission meetings, city council meetings, and any other public meetings that will
required our assistance. ADVANTEC staff has provided presentations at public meetings for agencies
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throughout California. Presentations prior and during the public meetings include: community meeting
invitations; community meeting agendas; community meeting minutes; graphical illustrations; visual
Simulations; and traffic Simulations. Our general work plan for these tasks consist of:
ADVANTEC staff will coordinate project related community
meetings/workshops with stakeholders and community as requested by
the City. ADVANTEC staff will work with city staff to provide the necessary
support staff at the meetings, supporting technical data, graphical
illustrations, and visual simulations as necessary to the community
meetings.
3.4 Project Innovations
The ADVANTEC Team understands that every project is unique and may have different constraints and/or
issues. Our senior ITS engineers proud themselves by bringing innovative solutions to our clients that meet the
projects’ goals and objectives; and at the same time, it will provide project enhancement, community
acceptance, and meets the projects’ budgets and schedules. We have brought these types of innovative
solutions to the following projects shown in Table 3.1.
Table 3.1 – Innovative Project Solutions
Coachella Valley Association of Governments (CVAG) Regional
Traffic Signal Synchronization Project
▪ Regional Traffic Signal and Communication Master Plan
▪ Provide planning/design for connected vehicles, autonomous
vehicles, big data, integrated corridor management (ICM),
and Smart Cities initiatives throughout the region
▪ Planning/design for 1st Regional TMC and connectivity to 9
local cities, Caltrans D8, & County TMCs
▪ Creation of 1st local Transportation Systems Management
and Operations (TSM&O) Committee for regional operations
Culver City CCTV System Gap Closure Project
▪ Added 14 new CCTV camera systems locations due to value
engineering
▪ Provided a technology assessment and vendor presentations to
select a preferred CCTV and video management system prior to bid
▪ Prepared justification letter for the additional cameras & preferred
system to funding source (Metro) – Approved first submittal
▪ Selected new HD IP CCTV cameras with analytics
▪ Updated communication network topology and provide redundancy
OCTA Magnolia Traffic Signal Synchronization Project
▪ Design-build of traffic signal and communications
infrastructure within 6 cities along the corridor
▪ Build consensus on cycle length with cities. Maintain cross
street major arterials signal parameters while synchronizing
the corridor
Connection of radio antenna onto 170 controllers bypassing the
Ethernet switch in Huntington Beach
Fairview Road Traffic Signal Synchronization Project
▪ Design-build of traffic signal and communications
infrastructure within cities of Costa Mesa and Santa Ana, and
Implemented signal timings in MIST systems in both cities
▪ Provided fiber optic cable to Caltrans hub to allow video
streaming of CCTV images of city cameras to Caltrans TMC
▪ Implemented Bluetooth travel time equipment for Santa Ana
Developed special event signal timing plans for Orange County
Fair
City of San Clemente Traffic Signal Synchronization Project
▪ Designed Ethernet over copper and fiber optic network along 4
corridors, including innovative use of Ethernet Radio
communications through a hilltop transceiver to communicate back
to the City Hall
▪ Assisted city staff to evaluate, select, and implement the Intelight
Maxview Traffic Signal System and ATC controllers with Maxtime
firmware. This is the state-of-the-art web based traffic signal
system
OCTA Yorba Linda Traffic Signal Synchronization Project
▪ Design-build of traffic signal and communications infrastructure for
cities of Fullerton, Placentia, Yorba Linda and Anaheim
▪ Implemented ACS Lite Adaptive Traffic Signal System
▪ Configured detection input and re-wired cabinets for ACS Lite
operations
Signal timing addressed special geometric configuration such as
dogleg intersections
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3.5 Familiarity with State and Federally Funded Projects
ADVANTEC has extensive experience in completing and processing the numerous federal funding authorization
forms through the Caltrans District Local Assistance Engineer (DLAE) and the Federal Highway Administration,
as well as incorporating all required special provisions in the project specifications to ensure that federal
funding is not jeopardized. ADVANTEC has performed this task for several cities and agencies throughout
Southern California. ADVANTEC has developed a comprehensive table summarizing the various authorization
forms required in a matrix format that can be used to clearly identify the steps to be followed and the
responsible parties. Typical submittals for processing forms with DLAE are summarized in Table 3.2.
Table 3.2 – Typical Submittals and Process for Federally Funded Projects
Requirements Typical Process to Secure Approvals
Caltrans Request for
Authorization
Forms/Clearances
As required with the HSIP funding, certain forms are needed for the processing of the required Request for
Authorization (RFA) forms. ADVANTEC will prepare and process the needed Forms with Caltrans Local
Assistance
RFA for R/W
Acquisition Forms
ADVANTEC will prepare and process the necessary forms with Caltrans Local Assistance the Request for
Authorization to Proceed with Construction (E-76) with Caltrans Local Assistance. Once the plans and
specifications are completed, the Request to Proceed with Construction (E-76) forms can be prepared. The
Request for Authorization to Proceed with Construction forms includes: 1) Cover Page/Checklist (Exhibit 3-D),
2) Request for Construction Authorization Data Sheet, 3) Completed Finance Letter, 4) Completed Field Review
Form, 5) Environmental Documentation, 6) Right-of–way Certification, 7) PS&E Package and Certification, 8)
Local Agency Construction Contract Administration Checklist.
RFA for Construction
Forms
Caltrans Invoicing ADVANTEC will prepare and process the necessary forms with Caltrans Local Assistance the Request for
Authorization to Proceed with Construction (E-76) with Caltrans Local Assistance. Once the plans and
specifications are completed, the Request to Proceed with Construction (E-76) forms can be prepared.
Caltrans Bid Award
/Project Completion
Packages
After the bid award and upon the completion construction of the project, ADVANTEC will prepare and
process the following Caltrans forms:
Bid Award Package Upon the bid award of the project, ADVANTEC will prepare and process the Bid Award Package with Caltrans
Local Assistance. The Bid Award Package to Caltrans includes but not limited to: 1) Cover Page/Construction
Contract Administration Checklist (Exhibit 15-A), 2) Local Agency Bid Opening Checklist, 3) Updated Finance
Letter, 4) Detail Estimate and Detail Estimate Summary, 5) DBE Certifications (from Contractors), 6) Contract
Award Checklist, 7) RE’s Checklist.
Project Completion
Package
After the construction of the project, ADVANTEC will prepare and process the Project Completion Forms with
Caltrans Local Assistance. This is an important task in the project to assure the reimbursement by Caltrans of
the construction payments. The Final Completion Package to Caltrans includes but not limited to: 1) Cover
Page/Expenditures Checklist (Exhibit 17-D), 2) Final Finance Letter, 3) Final Detail Estimate and Detail Estimate
Summary, 4) Change Order Summary, 5) Final DBE Certifications (from Contractors), 6) Materials Certifications,
7) Final Inspection Form.
3.6 Financial Responsibility
ADVANTEC is in excellent financial condition. We are not involved in any litigation or lawsuit at all. There is no
merger or acquisition plan that may affect the future ownership of the company.
Organization:
California Corporation
Federal Tax ID:
95-4687341
Insurance Coverage:
General Liability: $1,000,000
Professional Liability: $1,000,000 (E&O)
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APPENDIX | A
APPENDIX A
Referenced Tables and Figures
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Appendix | i
Table A.1 – ADVANTEC’s Additional Core Services
Service Description Services
Transportation Planning
ADVANTEC provides complete services for
the planning and preliminary engineering
design of local roads, streets, arterial
highways, and transportation corridors to
public agencies and private developers.
✓ Preliminary Intersection and Interchange Design
✓ Route Alignment Studies
✓ Construction Traffic Management Plan (TMP)
✓ Congestion Management Plans (CMP)
✓ Circulation Elements
✓ Traffic Impact Studies
✓ Bicycle/Equestrian/Pedestrian
✓ Trail Systems
✓ Preliminary Cost Estimates
✓ Safe-Route to School Master Plans5405
✓
Complete Streets and
Active Transportation
ADVANTEC has been providing planning,
engineering, and construction support to
various agencies in southern California for
their implementation of Complete Streets
and Active Transportation Programs. We
bring our local experts to support
agencies and communities to facilitate the
deployment of their complete
streets/active transportation projects.
✓ Development/Evaluation of Policies
✓ Development Standards
✓ Analysis and Reporting
✓ Evaluation of Funding Programs Circulation Elements
✓ Conceptual Plans
✓ Development of Final Plans
✓ Construction Management and Inspection
✓ Community Outreach
Transit Services
ADVANTEC has been provided professional
services to many transit agencies
throughout southern California.
✓ Program Management
✓ Community Outreach
✓ Planning and Design of Bus Rapid Transit (BRT) Systems
✓ Bus Stop Design and Placement Guidelines
✓ Bus Stop Evaluation and Improvement Plan
✓ Ridership Analysis
Safe Routes to School
Having designed Safe Routes to School
Improvements for a variety of
communities, the ADVANTEC team is
experienced in evaluating solutions for
projects of this nature. ADVANTEC
recognizes the need to understand and
address the issues and concerns of
residents, while delivering a solution within
the budget and schedule parameters
required by the City.
✓ Community Outreach
✓ Community Workshop Meetings
✓ Site Review and Inventory
✓ Vehicle, Bicyclist, Pedestrian and Parking Data Collection
✓ Traffic, Parking, and Circulation Analysis
✓ Trips Analysis
✓ Physical and Operational Recommendations
✓ Development of Plans
✓ Draft and Final Report
Public Works Inspection
ADVANTEC provides electrical inspection to
many clients throughout southern California.
Our electrical inspectors are certified IMSA
Level II and Level III
✓ Traffic Signal Systems
✓ Traffic Signal Turn-On
✓ 170/2070/NEMA Controllers
✓ Street Lighting Systems
✓ CCTV Systems
✓ Fiber Optic, Wireless, Copper Communication Systems
✓ Railroad Crossing Pre-emption
✓ Traffic Management Centers
✓ Traffic Signal System Integration
✓ Troubleshoot and Repair Traffic Signal, Electrical and
Communication System
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Appendix | ii
Table A.2 – ADVANTEC’s Similar Relevant Projects and Services
PROVEN EXPERIENCE FOR
EVERY MAJOR PROJECT
ELEMENT Grant Applications Transportation / Traffic Studies Conceptual / Preliminary Design Intelligent Transportation Systems Signing and Striping Improvements Traffic Signal Improvements Stage Construction / Traffic Handling Traffic Signal Operations / Synchronization On-Call Engineering Services Staff Augmentation Construction Support Los Angeles County On-Call Traffic
Engineering Services • • • • • • •
City of Newport Beach On-Call
Traffic Engineering Services • • • • • • • • •
City of Anaheim On-Call Traffic
Engineering Services • • • • • • • • • •
City of Diamond Bar On-Call Traffic
Engineering Services • • • • • • • • •
OCTA Traffic Engineering Services • • • • • • • • •
City of Irvine On-Call Traffic
Engineering Services • • • • • • • • •
Caltrans District 8 On-Call Traffic
Engineering Services • • • • • • • •
City of San Clemente Signal
Synchronization and System
Upgrade Services
• • • • • •
City of Seal Beach Traffic
Management Center and ITS
Infrastructure Upgrade
• • • • • •
OCTA – Beach Blvd Traffic Signal
Synchronization Project • • • • • •
Coachella Valley Association of
Governments Region-wide Traffic
Signal Synchronization
• • • • • •
City of Culver City City-wide CCTV
Improvements • • • • •
City of Anaheim Major Corridors
Annual Slurry Seal Program • • •
City of Claremont Gold Line Light
Rail Extension Traffic Analysis •
City of Diamond Bar Safe-Route-to-
School Program • •
City of Anaheim Bicycle Facilities
Design Services • • • •
City of Covina Class II Bicycle
Facilities Design Services • • •
City of Covina Metrolink Station
Parking/Ped/Bicycle Access Study • • • •
City of Seal Beach LA Fitness TIA
Review •
City of Anaheim Staff
Augmentation Services • •
Cities of Culver City, Downey,
Industry, and Inglewood/ Metro
Grant Applications 2009 – 2015
• • •
City of Riverside Beyond Traffic:
Smart City Challenge Grant • • •
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Appendix | iii
Table A.3 – ADVANTEC’s Additional Reference Projects
Project Name / Description
Date Range/ Design Cost /
Design-Construction
Duration/ Project Team
Project Elements
Citywide ITS and TMC Improvements, Seal Beach, CA – The project
consisted of a City-wide Turnkey project for
the design and integration of new city-wide
TMC and ITS improvements. The design-
build project includes installation of over
six miles of fiber optic cable, 2070
controller upgrades, new high definition
CCTV cameras, design plans and relocation
and expansion of an existing
Traffic Management Center (TMC). New
fiber optic links were designed and
furnished by ADVANTEC through Caltrans 405 Freeway
overcrossing to connect the Northern part of the City. In addition,
the traffic network emphasizes a redundant self-healing fiber
backbone ring complete with VLAN and Layer 3 network sw itching
capabilities. The project links three remote City buildings and
provides seamless IP services to each; City Hall (TMC), Police
Department (HUB) and City Yard facilities. As part of the
completion project, the City IT Department is further leveraging the
new City-wide Fiber Optic backbone to provide IT network intra-
building communication at a reduced cost to the City.
Date Range: 2014 to Present
(Currently in 2 year
monitoring phase)
Design Cost: $233,000
Design Duration: 1 year
Construction Duration: 6
months
Project Team:
Leo Lee, Jose Guedes, John
Cox, Ryan Miller, David
DeClue, Calvin Hansen
▪ Prime Consultant
▪ Design-Build with Crosstown Electrical
▪ New IP Ethernet based Traffic Network
▪ Conduit and Fiber Optic improvements
▪ 2070 Controller Upgrades
▪ HD CCTV Upgrades
▪ Newly renovated TMC room/Video
Wall
▪ Signal synchronization
▪ Before/After Studies
▪ Coordination with Caltrans I-405 ramps
▪ TMC Upgrade
▪ Fiber optic communications
▪ System Integration
▪ Construction Inspection
Lincoln Ave Traffic Signal Modifications and Fiber Optic Signal
Communications Upgrades, Anaheim, CA –
ADVANTEC is providing traffic engineering
support services to a lead civil firm. Our
services include: Traffic Analysis and Report,
and PS&E for three traffic signal
modifications, street lighting improvements,
and fiber optic communication upgrades.
The fiber optic communication upgrades
consisted of replacing their existing 24
strand fiber with a new 48 strand fiber trunk
line. This required the City to modify their standard fiber
installation. ADVANTEC assisted the City with developing their
new fiber installation standard, as well as their fiber assignments
to link each traffic signal and retain redundant communication
paths.
Date Range: 2016 to
Present
Design Cost: $70,000
Design Duration: 1 year
Construction Duration: 9
months
Project Team:
Mark Esposito, John
Dorado, Kheang Tang, Alex
Sequeira, Enrique Biche
▪ 3 Traffic Signal Modifications
▪ Street Lighting Improvements
▪ Fiber Optic Signal Communication
Upgrades at 7 intersections
▪ Fiber Assignments Details
▪ Redundant Communication Paths
▪ Existing Communication Hub
Modification
▪ Utility Coordination
Florence Ave Traffic Signal Improvements (32 Ints),
On-Call Traffic Engineering Services – Los Angeles County, CA -
ADVANTEC conducted a detailed field
inventory at all intersections, then prepared
a recommendation report that identified
deficiencies and proposed improvements,
which include: signal standards upgrade;
controllers and cabinets replacement; loop
detectors installation; median nose cutback, signage and striping
installation, etc. Close coordination with all local agencies were
emphasized to insure complete review and approval of all
recommendations prior to PS&E design. All the plans were
designed in conformance with the County’s latest design
guidelines, using Microstation / AutoCAD formats. Plans were
submitted in 3 different stages: 80%, 100% and final design
submittal. The 100% and final design plans were also submitted to
the involved local agencies for review and approval.
Date Range: 2013 to 2015
Design Cost: $270,000
Design Duration: 2 years
Construction Duration: 120 -
240 days
Project Team:
Leo Lee, Tracy Moriya,
Kheang Tang, John Cox
▪ Upgrade Signal Equipment
▪ New Signal Controllers and Cabinets
▪ Median Nose Reduction
▪ Vehicle/Bicycle Detection/Advance
▪ Signing and Striping
▪ Multi-Jurisdictional Coordination
▪ Railroad Coordination
▪ CAMUTCD Compliance
▪ Enable time-based coordination
▪ Allow fully-actuated signal operations
▪ Increase safety and efficiency along the
corridor and at intersections.
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Appendix | iv
Project Name / Description
Date Range/ Design Cost /
Design-Construction
Duration/ Project Team
Project Elements
Five New Traffic Signals and Safety Lighting, Signing/Striping, and
Roadway Improvements, Coachella, CA -
This project consists of the preparation of
plans, specifications, and estimates (PS&E)
for signing/striping and traffic signal and
safety lighting improvements at 5
unsignalized intersections. The City of Coachella conducted traffic
signal warrants at these locations and based on the evaluation,
these intersections warranted the installation of traffic signals.
After the project was awarded, the City expanded our scope of
services to include survey, roadway improvements, signal timing
plans, additional bike lanes, and wireless communications.
Ultimately, these signals will be interconnected via the City’s
proposed fiber optic communication system and to the new Traffic
Management Center (TMC).
Date Range: 2016 to Current
Design Cost: $96,000
Design Duration: 11 months
Construction Duration: 120
days
Project Team:
Carlos Ortiz, John Dorado,
Kheang Tang, John Cox,
Kevin Ferrer, Ed Miller
▪ Preliminary engineering and conceptual
plans
▪ Signing and striping
▪ Traffic signals
▪ Roadway improvements
▪ Traffic signal timing plans
▪ Communication improvements
▪ Utility coordination
▪ Imperial Irrigation District (IID)
coordination
▪ Coachella Valley Water District (CVWD)
coordination
▪ Powerpole and overhead line
relocations
▪ Irrigation line relocation and removals
Traffic Monitoring CCTV System / Fiber Optic Communication Gap
Closure Project, Culver City, CA -
This project consisted of the
preparation of ITS Project
Evaluation Report and the
preparation of bidding documents,
construction drawings, and cost
estimates to implement High Definition (HD) digital Internet
Protocol (IP) CCTV cameras at 18 locations, new Video
Management System (VMS), and approximately four (4) miles of
fiber optic communication cable, along with communication hub
switching equipment and software, and new auxiliary equipment
at the City Hall, Public Works City Yard, Fire Station No. 1, and
designated offices within City Hall to view and manage the VMS. In
addition, the project consisted of the replacement of analog CCTV
cameras at 14 locations and integrating all 32 CCTV cameras to the
new VMS; and installation of new conduit for the City’s IT network
system.
Date Range: 2015 to Present
(Currently under
construction)
Design Cost: $240,000
Design Duration: 1.5 years
Construction Duration: 6
months
Project Team:
Leo Lee, Carlos Ortiz, Mark
Esposito, John Dorado,
Kheang Tang, John Cox, Jose
Guedes, Calvin Hansen
▪ TMC Upgrade
▪ ITS Project Evaluation Report
▪ Vendor presentations
▪ 4 miles of new fiber optic cable
▪ New Video Management System
▪ Upgrade legacy fiber optic
communications to Ethernet/IP
▪ Update communication network
topology and provide redundancy
▪ Upgrade video monitors and
workstations
▪ Coordination with City’s Municipal
Fiber Network Project
▪ Construction Assistance/ Bid Addenda/
Shop Drawing Reviews/ RFI’s/ As-Built
Plans
Signing and Striping on Major Corridors for Annual Slurry Seal
Program, Anaheim, CA – ADVANTEC partnered with City staff for
the preparation of the City’s Annual 2015-2016 Arterial Street
Slurry Seal Program. ADVANTEC prepared Signing & Striping Plans
to restripe the corridors to current City of Anaheim striping and
signage standards. ADVANTEC conducted a detailed the six-mile
field signing and striping inventory along the project limits to
develop the basis of the design. ADVANTEC prepared base plans
using high definition aerials and as-built plans. All proposed striping
conformed to the latest signing and striping City Standards and the
CAMUTCD.
Date Range: 2015 to 2016
Design Cost: $72,000
Design Duration: 1.5 years
Construction Duration: 6-9
months
Project Team:
Tracy Moriya, Mark Esposito,
Kheang Tang, Kevin Ferrer
▪ 6-miles of roadway improvements
▪ Site inventory and observations
▪ Conceptual Plans
▪ CAMUTCD Compliance
▪ Final PS&E
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Appendix | v
Project Name / Description
Date Range/ Design Cost /
Design-Construction
Duration/ Project Team
Project Elements
Signal Synchronization and System
Upgrade, San Clemente, CA –
ADVANTEC conducted Traffic Signal
Synchronization and ITS infrastructure
improvement project for the City of San
Clemente. The project consisted of selection
of new Central System and traffic signal
controller hardware and software. The
project included development and
implementation of synchronized traffic signal timing at 54
intersections along four corridors with a goal of reducing travel
times and stops, improving average travel speeds, and associated
reduction in fuel consumption, emissions and commuter accidents.
The selected corridors were: Avenida Pico, El Camino Real, Avenida
Vista Hermosa and Camino De Los Mares. The project was
performed in two phases: Avenida Pico and El Camino Real,
representing the system backbone, were included in Phase 1; and
Avenida Vista Hermosa and Camino De Los Mares as part of Phase
2. The project also involved designing and installing a new
communication infrastructure, consisting of Fiber Optic, Wireless,
and Ethernet-over-copper links.
Date Range: 2012 to 2015
Design Cost (Phase 1) :
$235,000
Design Cost (Phase 2):
$195,000
Design Duration (Phase 1): 6
months (start in 2012)
Construction Duration
(Phase 1): 6 months
Design Duration (Phase 2): 6
months
Construction Duration
(Phase 2): 6 months
Project Team:
Leo Lee, Jose Guedes,
Kheang Tang
▪ Prime Consultant
▪ Design-Build with Contractor
▪ Four corridors of over 54 intersections
▪ Fiber optic communications design
▪ Ethernet over copper communications
design
▪ Wireless Ethernet communications
design
▪ Central traffic signal control system
selection
▪ SYNCHRO, Cycle length evaluation
▪ Network subdivision optimization
▪ Split, offset, and cycle length
optimization
▪ Caltrans coordination at I-5 ramp
signals
▪ Fine-tuning of Signal Timing in the field
▪ Before and After Studies
▪ 2 Year Monitoring After System was
Implemented
Class II and Class III Bicycle Facilities, Anaheim, CA – ADVANTEC
provided Class II Bicycle Lanes & Class III Sharrows design to
connect West Anaheim to the Anaheim Regional Transportation
Intermodal Center (ARTIC) at the Santa Ana River Trail. As the
engineering consultant, ADVANTEC was responsible for the design
of 3.77 miles of Class II bike lanes and 4.19 miles of Class III
sharrows. The bike lanes are identified in the City’s Fourth
Supervisorial District Bikeways Strategic Plan, and portions of the
project are identified on the OCTA Commuter Bikeways Plan and
the City of Anaheim’s Bicycle Master Plan. The project is a vital
component to seamlessly move people between various
transportation modes. These modes include Metrolink commuter
rail services, Amtrak Services and bus services.
Date Range: 2013-2014
Design Cost: $31,000
Design Duration: 1 year
Construction Duration: 3-6
months
Project Team:
Leo Lee, Tracy Moriya,
Kheang Tang, Kevin Ferrer
▪ 8 miles of Class II and Class III Bicycle
Facilities
▪ 3.77 miles of Class II bike lanes
▪ 4.19 miles of Class III sharrows
▪ Site inventory and observations
▪ Conceptual Plans
▪ Final PS&E
School Zones Signage and Pavement
Markings Design at 4 Schools, Diamond Bar,
CA – ADVANTEC has been providing Traffic
Engineering On-Call Services to the City of
Diamond Bar since 2003: As part of our
professional services contract, ADVANTEC
obtained a task order to evaluate four schools existing signage and
striping and provide recommendations in order to comply with the
latest CAMUTCD requirements and to improve traffic circulation
within the pick-up and drop-off areas.
Date Range: 2015
Design Cost: $11,000
Design Duration: 4-5 Months
Construction Duration: 3
months
Project Team:
Tracy Moriya, Mark Esposito,
Kheang Tang, Kevin Ferrer
▪ Signing/Striping CAMUTCD Compliance
in School Zones
▪ Diamond Bar High School
▪ Lorbeer Middle School
▪ Pantera Elementary School
▪ Quail Summit Elementary School
▪ Plan Preparation
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Appendix | vi
Table A.3 – ADVANTEC’s Additional Reference Projects (Continued)
Project Name / Description
Left-Turn Phasing Analysis for Five (5) Signalized Locations (2016), Yucaipa, CA – ADVANTEC prepared Left-Turn Warrant
Analysis for five (5) signalized intersections. The left-turn phasing analysis investigated the appropriate method of signalization
for the left-turn movement—fully protected or protected-permissive. We analyzed two options for protected-permissive left
turn phasing: 1) the circular-green display, and 2) the Flashing Yellow Arrow (FYA). One benefit the FYA provides that the
circular-green display does not is the ability to implement lead-lag left-turn phasing and/or variable phasing by time of day
without creating the "left-turn yellow trap" that can occur with the traditional circular green display. ADVANTEC reviewed
three different guidelines that are used to determine if protected left turn phasing is necessary at a signalized intersection
and what type should be used. The three guidelines are from the Institute of Transportation Engineers (ITE), the Highway Cap acity Manual
(HCM), and the California Manual on Uniform Traffic Control Devices (CA MUTCD). Our results showed that two of the three intersections me t
the left-turn phasing requirements.
Project Team: Tracy Moriya, Mark Esposito, Kheang Tang, Kevin Ferrer
City-Wide Engineering and Traffic Speed Survey (2017), Glendora, CA – ADVANTEC is currently conducting an Engineering and Traffic Survey
(E&TS) and collecting citywide traffic counts for the City of Glendora. The project includes speed data collection, data analysis, roadway segment
characteristics review, collision history review and accident rates calculations, compilation of speed zone surveys, collecti on of traffic counts,
posted speed recommendations and preparation of two final reports, one for the speed survey recommendations including all recommendations
and supporting data and the other report for the traffic counts. The City expects that both final reports and supporting dat a be completed on
or before March 16, 2017. All work shall be in conformance with the California Vehicle Code Sections 627 and 40802 and the latest version of
the California Manual of Uniform Traffic Control devices ("California MUTCD').
Project Team: Carlos Ortiz, Jose Guedes, Ryan Miller Mark Esposito, Kheang Tang, Kevin Ferrer
Armitos Place Traffic Calming Neighborhood Traffic Study (2016), Diamond Bar, CA – As part of our professional services contract, ADVANTEC
obtained a task order to conduct a Neighborhood Traffic Study along Armitos Place. Armitos Place is a residential street with primary two-way
stop control on the side streets. This project was initiated by residents that complained about speeding. ADVANTEC analyzed a 2/3 mile segment,
and determined that there was excessive speeding. Our recommendations included speed humps and proper signage and striping at strategic
locations.
Project Team: Tracy Moriya, Kheang Tang
Regional Traffic Signal Synchronization Projects, Orange County Transportation Authority (OCTA), Orange County, CA – Under this program,
ADVANTEC provided the following traffic signal synchronization, ITS, traffic signal, and communication improvements:
Project Team: Carlos Ortiz, Mark Esposito, Jose Guedes, Kheang Tang, John Cox, Ryan Miller, Calvin Hansen
Traffic Engineering On-Call Services (2003-2016), Diamond Bar, CA - ADVANTEC has been providing Traffic Engineering On-Call Services to the
City of Diamond Bar since 2003: Some of the professional services provided to the city, included: Traffic engineering adviso r for the Traffic
Management System project, including preparation of the RFP, participation in the consultant proposal evaluation, and intervi ew panel; Traffic
engineering advisor for Caltrans SR57/60 HOV project; Traffic engineering advisor for the Los Angeles County - Pomona Valley ITS project; Plan
review and traffic engineering advisor for the Alameda Corridor East - Brea Canyon Road Grade Separation Project; Construction management
for various traffic engineering construction projects; Review Work Area Traffic Control plans for various construction project.
Project Team: Tracy Moriya, Mark Esposito, Jose Guedes, Kheang Tang, John Cox, Ryan Miller, Calvin Hansen
Traffic Circulation and Traffic Impact Analysis Review Services for the Goldline Light Rail Extension (2016-Present), Claremont, CA – ADVANTEC
is currently under contract to review studies and reports submitted by Metro Goldline Authority including support ing transportation elements
in the EIR. Our review services include on-site field reviews to confirm existing conditions, identify missing items and/or improvement conflicts.
Project Team: Carlos Ortiz, Mark Esposito
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Appendix | vii
Project Name / Description
Beyond Traffic: Smart City Challenge Grant Application (2014/2015), Riverside, CA – ADVANTEC provided professional services
to the City of Riverside for the preparation of the USDOT $40 million Beyond Traffic: Smart City Challenge grant application. The
purpose of the grant was to consolidate local, regional, academia, and stakeholder resources to implement a new class of
technologically advanced transportation solutions to mitigate traffic congestion and greenhouse gas emissions in the City of
Riverside and throughout the Inland Empire. ADVANTEC provided professional services to support the objectives of the grant and
provide a clear and comprehensive plan of twelve (12) Vision Elements. The ADVANTEC Team assisted the City by bringing over 70 major
stakeholders representing government, transit, academia, professional associations, auto and truck companies, ride-sharing companies, bike-
sharing companies, car-sharing companies, Tier 1 technology companies, roadway technologies/cyber security/analytics/telematics and
Internet-of-Things (IoT) companies.
Project Team: Carlos Ortiz
Los Angeles County Metropolitan Transportation Authority 2015 Call for Projects Applications (2015), Culver City, CA – ADVANTEC provided
professional services to the City of Culver City to prepare a Project Study Report Equivalent (PSRE) and Applications for the 2015 METRO Call for
Projects. ADVANTEC prepared three applications for the following projects: 1) Culver City Citywide Bicycle Friendly Detection, 2) Culver City
Handicap Pedestrian Access Improvements, and 3) Washington Boulevard Bike Lanes.
Project Team: Leo Lee
Fiscal Year 2016-17 Sustainable Transportation Planning Grant Application (2016), Coachella Valley Association of Governments (CVAG ),
Coachella Valley, CA – ADVANTEC provided professional services to prepare a Sustainable Transportation Planning Grant Application in order
to secure funding for Coachella Valley Vision Zero Program: Bike, Pedestrian and Low Speed Electric Vehicles (LSEV) Road Safe ty & Use Survey.
ADVANTEC assisted project description, detailed scoped of services, project schedule, and requested funds.
Project Team: Carlos Ortiz, John Dorado
Traffic Circulation and Traffic Impact Analysis Review Services for the Goldline Light Rail Extension (2016-Present), Claremont, CA – ADVANTEC
is currently under contract to review studies and reports submitted by Metro Goldline Authority including supporting transpor tation elements
in the EIR. Our review services include on-site field reviews to confirm existing conditions, identify missing items and/or improvement conflicts.
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ON-CALL TRANPORTATION ENGINEERING SERVICES
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APPENDIX | B
APPENDIX B
Addendum Acknowledgements
200
201
REQUEST FOR QUALIFICATIONS
FOR
ON-CALL TRANSPORTATION ENGINEERING SERVICES
Public Works Department
CITY OF HUNTINGTON BEACH
Released on November 28, 2017
Compliant with Federal and State Grant Requirements
Per LAPM, Chapter 10 Dated January 2017 and Exhibit 10-C, Dated August 2017
ADDENDUM 2
Addendum released on December 18, 2017
202
REQUEST FOR QUALIFICATIONS
FOR
ON-CALL PROFESSIONAL SERVICES
ADDENDUM 3
Public Works Department
CITY OF HUNTINGTON BEACH
RFQ Released on November 28, 2017
Addendum 3 issued December 21, 2017
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ON-CALL TRANPORTATION ENGINEERING SERVICES
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APPENDIX | C
APPENDIX C
Required Forms
204
205
206
207
ON-CALL TRANPORTATION ENGINEERING SERVICES
City of Huntington Beach
APPENDIX | D
APPENDIX D
Key Personnel Resumes
208
Carlos A. Ortiz, PE, TE, PTOE
Project Director
Mr. Ortiz is the Chief Operating Officer (COO) for ADVANTEC. He has
extensive experience managing Traffic Engineering and Intelligent
Transportation System (ITS) projects for numerous agencies
throughout California. He has worked on many complex projects and
has the ability to resolve problems quickly and efficiently by drawing
on his 28 years of experience, exclusively in the field of ITS and traffic
engineering. Mr. Ortiz's professional experience includes planning,
design, and construction support of intelligent transportation systems,
including traffic signals, traffic signal communication systems (twisted
pair, fiber optic, wireless), ramp metering systems, traffic monitoring
systems, dynamic message sign systems, video detection systems,
closed circuit television (CCTV) systems, arterial travel management
systems, and traffic management centers. Mr. Ortiz is experienced in
intelligent transportation systems master plans, ITS technical studies,
communication networks and topologies, and signal timing and
synchronization. Mr. Ortiz has also managed intelligent transportation
systems aspects of Bus Rapid Transit (BRT) Projects. Through his
current projects, Mr. Ortiz is assisting agencies to understand the
Connected Vehicles and Autonomous Vehicles markets so they can
make better decisions on current and future ITS deployments.
Relevant Project Experience
On-Call Traffic Engineering Services (Newport Beach, CA) – Project
Director. ADVANTEC is responsible for providing the on-call traffic
engineering services to the City of Newport Beach. ADVANTEC has
provided the City of Newport Beach with on-call professional traffic
engineering services on an “As-Needed” for the following: Provide full
plans, specifications, and estimates (PS&E) for Traffic/Transportation/ITS
engineering projects; Prepare or review traffic and transportation planning
studies; Prepare or review traffic signal timing and signal coordination plans;
Prepare conceptual design plans/exhibits; Provide cost estimating and value
engineering services; Provide bid support and preparation of record
drawings; Other engineering-related tasks, as necessary, such as: Complete
streets enhancements, roadway geometrics, sustainable site
improvements, and ADA considerations; Grant application preparation;
Traffic signal and signal communication inspection, CADD and Revit CAD
support services. ADVANTEC’s proactive project management approach has
kept the City informed about the project status and areas of concerns
including design opportunities and constraints. This approach has been
embraced by the City as it helps expedite the design review process,
ensures initial buy-off on proposed improvements and maintain on-
schedule on-budget project delivery.
Registration:
Civil Engineer, CA, C057535
Traffic Engineer, CA, 2025
Civil Engineer, AZ, 34333
Professional Traffic
Operations Engineer, US, 426
Years of Experience: 28
Years with firm: 3
Education:
B.S. in Civil Engineering,
California State Polytechnic
University, Pomona, 1989
Professional Affiliations:
Board Member, ITS California
Partnership Chair, Connected
California, ITS California
Board Member and Past-
President, Institute of
Transportation Engineers,
Western District
President, Southern California
Section, Institute of
Transportation Engineers (Past)
President, Riverside-San
Bernardino Section, Institute of
Transportation Engineers (Past)
President, Orange County
(OCTEC) (Past)
209
On-Call Traffic Engineering Services (Cypress, CA) - Project Manager. As part of the City of Cypress On-Call
Traffic Engineering Services, Mr. Ortiz prepared traffic signal, and signing and striping plans for various
locations throughout the City, and Temporary Construction Easement (TCE) Legal Descriptions and Plat for a
specific location in the City of Cypress. Specific projects included: Valley View Street at Fred Drive and Valley
View Street at Orangewood Avenue Traffic Signal Modification Improvements; Crescent Avenue at Watson
Street Traffic Signal Improvements; and Walker Street Temporary Construction Easement. Under a separate
task order, Mr. Ortiz was responsible for the preparation of a Bus Stop Improvements Feasibility Study. The
following topics were addressed in this study: bus stop location identification and existing conditions;
ridership analysis; relationship between the Orange County Transportation Authority, Clear Channel Outdoor
and the City of Cypress; design assumptions; recommended improvements; and preliminary engineer’s
quantities and cost estimates.
On-Call Transportation Engineering Services (Long Beach, CA) - Project Manager. As part of the City of Long
Beach On-Call Transportation Engineering Services, Mr. Ortiz prepared traffic signal, and signing and striping
plans for various locations throughout the City. Specific projects included: Bicycle System Gap Closures and
Improved Los Angeles River Bike Path Access - The project goal is to add 9.4 miles (18.8 lane-miles) of bicycle
infrastructure on the western side of the City of Long Beach including, Pacific Avenue, San Antonio Drive, Del
Amo Boulevard, Harding Street and Deforest Avenue. The project consisted of bikeway signage
improvements along several corridors in the City of Long Beach in order to improve connectivity to the Class I
facility along the Los Angeles River. The project also consisted of Class II and Class III bicycle facilities,
roadway rehabilitation, signage and striping improvements, and traffic signal improvements with bicycle
detection. Mr. Ortiz was responsible to provide preliminary engineering services, community outreach, final
engineering services, and preparation of forms to request authorization to proceed with construction. The
15th Street Corridor Bicycle Boulevard – The project is along a 3.3-mile corridor that travels from Magnolia
Avenue at 14th Street; easterly on 14th Street to Long Beach Boulevard; northerly to 15th Street; and
easterly to Pacific Coast Highway (PCH).The project will consists of Class II and Class III bicycle facilities, traffic
circles, roadway rehabilitation, signage and striping improvements, and traffic signal improvements with
bicycle detection. Mr. Ortiz provided preliminary engineering services, community outreach, and final
engineering services.
Coachella Valley Association of Governments (CVAG) Regional Traffic Signal Synchronization (Coachella
Valley, Riverside County, CA) - Project Manager. CVAG has embarked on a major effort to advance the
development and implementation of Intelligent Transportation Systems Programs in the Coachella Valley
with an emphasis in the development of a valley-wide traffic signal interconnect master plan and signal
synchronization of new and existing signals on the regional arterials roads. CVAG has acknowledged that the
deployment of Intelligent Transportation Systems (ITS) will be an integral part of regional efforts to maximize
highway and arterial system capacity and improve operational efficiency. The objective of this project is to
reduce traffic congestion and its associated negative impacts by deploying advanced technologies to facilitate
the region’s local jurisdictions to operate their traffic signals and ITS efficiently and effectively. The work
consist of thirty-five major tasks including: CVAG Traffic Signal Interconnect Master Plan, System Engineering
Management Plan (SEMP), Concept of Operations (ConOps) and Strategic Deployment Plan, System
Requirements, Environmental, Preliminary Engineering, Systems Integrator Procurement and Design, System
Implementation, Construction Management and Inspection, Traffic Signal Synchronization, Operations and
Maintenance, and preparation of project website.
Beyond Traffic: Smart City Challenge Grant Application (Riverside, CA) - Project Manager. ADVANTEC
provided professional services to the City of Riverside for the preparation of the United States Department of
Transportation (USDOT) $40 million Beyond Traffic: Smart City Challenge grant application. The purpose of
the grant was to consolidate local, regional, academia, and stakeholder resources to implement a new class
of technologically advanced transportation solutions to mitigate traffic congestion and greenhouse gas
210
emissions in the City of Riverside and throughout the Inland Empire. ADVANTEC provided services to support
the objectives of the grant and provide a clear and comprehensive plan of twelve (12) Vision Elements
including: Urban Automation, Connected Vehicles, Intelligent Sensor-Based Infrastructure, Urban Analytics,
User-Focused Mobility Services and Choices, Urban Delivery and Choices, Strategic Business Models and
Partnering Opportunities, Smart Grid/Roadway Electrification/Electric Vehicles, Connected/Involved Citizens,
Architecture and Standards, Low Cost/Efficient/Secure/Resilient Information and Communication
Technology, and Smart Land Use. The ADVANTEC Team assisted the City by bringing over 70 major
stakeholders representing government, transit, academia, professional associations, auto and truck
companies, ride-sharing companies, bike-sharing companies, car-sharing companies, Tier 1 technology
companies, roadway technologies/cyber security/analytics/telematics and Internet-of-Things (IoT)
companies.
Traffic Engineering Services for Traffic Monitoring CCTV System Gap Closure Project (Culver City, CA) -
Project Manager. This project consisted of the preparation of ITS Project Evaluation Report and the
preparation of bidding documents, construction drawings, and cost estimates to implement High Definition
(HD) digital Internet Protocol (IP) CCTV cameras at 18 locations, new Video Management System (VMS), and
approximately four (4) miles of fiber optic communication cable, along with communication hub switching
equipment and software, and new auxiliary equipment at the City Hall, Public Works City Yard, Fire Station
No. 1, and designated offices within City Hall to view and manage the VMS. In addition, the project consisted
of the replacement of analog CCTV cameras at 14 locations and integrating all 32 CCTV cameras to the new
VMS; and installation of new conduit for the City’s IT network system. The proposed HD IP CCTV cameras
shall be Open Network Video Interface Forum (ONVIF) compliant. The upgraded communication system
consists of managed Ethernet/IP switches on a gigabit fiber optic backbone.
County-Wide Closed Circuit Television (CCTV) Interoperability (Caltrans District 12 - Orange County, CA) -
Project Manager. Prepared project architecture, system needs, and requirements analysis technical study;
final plans, specifications, estimates; and construction support for the implementation of the County-Wide
Closed Circuit Television (CCTV) interoperability system. The CCTV interoperability system will allow Caltrans
District 12, participating cities and other agencies to implement the latest technology for exchanging CCTV
video images/streams for congestion monitoring and management through Internet-accessible web servers.
This system will allow participating agencies the capability to monitor traffic within their own agency limits
and neighboring jurisdictions. Fourteen cities have agreed to participate on this project. The project
objective is to deploy CCTV Interoperability through a private cloud based system managed and maintained
by Caltrans. The participating agencies’ cameras will be linked to the system using a tool kit/server that will
normalize the video images prior to sending the information to the host provider via each agency’s web
server. The selected System Integrator will be required to operate and maintain the CCTV Interoperability
System for three (3) years after project acceptance. Provided project management, Preliminary Planning and
Engineering Services, Final Engineering Services, and Construction Support Services.
Indian Hill Boulevard, Gold Line Light Rail Extension Railroad Crossing Traffic Analysis (Claremont, CA) –
Project Director. ADVANTEC provided traffic engineering services to the City of Claremont to evaluate the
impact the proposed Gold Line Light Rail extension at the Indian Hill Boulevard railroad crossing. Currently,
the at-grade railroad crossing is being utilized by Metrolink and freight trains. Indian Hill Boulevard is a major
road which provides access to City of Claremont’s historic downtown and nearby residential areas and
businesses. The local community and City officials requested a traffic analysis to identify potential additional
delay and vehicle queue due to the proposed Gold Line Light Rail with and without a rail grade separation
structure. ADVANTEC worked directly with the City of Claremont to identify the needs of the City and local
community. The traffic analysis was developed to provide the findings needed by the local community and
the City and understand the potential impact of the Gold Line Light Rail extension. The findings were
presented to the City Council.
211
Base Line Road at Monte Vista Avenue Improvements (Claremont, CA) - Project Director. ADVANTEC
provided traffic engineering services to the City of Claremont for the development of plans, specifications
and estimates (PS&E) and timing plans for the improvements at the Base Line Road and Monte Vista Avenue
intersection. Services included signage, pavement delineation, modification of one traffic signal, stage
construction/traffic control, and development of the signal timing plans.
North Long Beach Dairy and Pacific Neighborhoods Traffic Enhancement Report (Long Beach, CA) – Project
Manager. The project involved the study of approximately a square mile in North Long Beach for the
conversion of existing residential streets from two-way to one-way streets. The project involved interactive
community workshop meetings with the local residents that included a walking tour, project discussion,
obtained input from the residents, and discussed project recommendations. Brochures for the workshop
meetings were prepared and distributed to the community and stakeholders. The project also included a
circulation analysis, level-of-service analysis, preparation of a conceptual plans and final report. Mr. Ortiz
served as the Project Manager for this project and conducted the workshop meetings with the residents in
English and Spanish.
Bicycle System Gap Closures and Improved Los Angeles River Bike Path Access (Long Beach, CA) - Project
Manager. The project goal is to add 9.4 miles (18.8 lane-miles) of bicycle infrastructure on the western side of
the City of Long Beach including, Pacific Avenue, San Antonio Drive, Del Amo Boulevard, Harding Street and
Deforest Avenue. The project also consists of bikeway signage improvements along several corridors in the
City of Long Beach in order to improve connectivity to the Class I facility along the Los Angeles River. The
project will consists of Class II and Class III bicycle facilities, roadway rehabilitation, signage and striping
improvements, and traffic signal improvements with bicycle detection. Mr. Ortiz was responsible to provide
preliminary engineering services, community outreach, final engineering services, and preparation of forms
to request authorization to proceed with construction.
212
John A. Dorado, PE
Project Manager
Mr. John Dorado is a Senior Project Manager with ADVANTEC. Mr.
Dorado is a dedicated and technically skilled business professional
with over 18 years of experience in the field of Intelligent
Transportation Systems (ITS) engineering, planning and design, traffic
engineering, and transportation planning. He provides a balanced
understanding of projects within the public and private sectors and
skillfully meets challenges and creates positive change. He is creative
and detail-oriented with a record of success in project management,
on-time and on-budget project delivery, and has a proven ability to
foster strong positive client relations
Relevant Project Experience
On-Call Traffic Engineering Services (Newport Beach, CA) – Project
Manager. Mr. Dorado is the primary contact responsible for providing
the on-call traffic engineering services to the City of Newport Beach.
ADVANTEC has provided the City of Newport Beach with on-call
professional traffic engineering services on an “As-Needed” for the
following: Provide full plans, specifications, and estimates (PS&E) for
Traffic/Transportation/ITS engineering projects; Prepare or review traffic
and transportation planning studies; Prepare or review traffic signal timing
and signal coordination plans; Prepare conceptual design plans/exhibits;
Provide cost estimating and value engineering services; Provide bid support
and preparation of record drawings; Other engineering-related tasks, as
necessary, such as: Complete streets enhancements, roadway geometrics,
sustainable site improvements, and ADA considerations; Grant application
preparation; Traffic signal and signal communication inspection, CADD and
Revit CAD support services. Mr. Dorado’s proactive project management
approach has kept the City informed about the project status and areas of
concerns including design opportunities and constraints. This approach has
been embraced by the City as it helps expedite the design review process,
ensures initial buy-off on proposed improvements and maintain on-
schedule on-budget project delivery.
Goldenwest Street Traffic Signal Synchronization Project (Orange County,
CA) –Task Leader. Mr. Dorado was a task leader for the optimization
the timing and traffic signal and communication equipment upgrades
at 32 intersections on Goldenwest Street in the Cities of Huntington
Beach and Westminster. The project involves the evaluation of
existing traffic signal equipment, communications hardware, and
signal interconnect media and the development of recommendations
to facilitate a citywide fiber optic communications backbone in
Huntington Beach. The project involves data collection, analysis,
development and deployment of time-of-day coordination plans for
AM, midday, PM, and weekend peak periods, fine-tuning, and before
Registration:
California, Civil Engineering
No. 74405
IMSA Certified Traffic Signal
Field Technician Level II,
No. BE_106965
IMSA Certified Traffic Signal
Technician Level I,
No. AA_106965
IMSA Certified Work Zone
Temporary Traffic Control
Technician, No. ZZ_106965
Years of Experience: 18
Years with Firm: 2
Education:
B.S. in Civil Engineering,
California State University,
Fullerton, 1999
Professional Affiliations:
Institute of Transportation
Engineers (ITE)
Orange County Traffic
Engineering Council (OCTEC)
International Municipal Signal
Association (IMSA)
213
and after travel time studies. Key highlights include the following. The project involves the development of
corridor wide timing plans that involve the Cities and Caltrans crossing the I-405 Freeway and SR-22 and the
determination of appropriate communications strategies with crossing routes to facilitate traffic signal
operations back to the City of Huntington Beach TMC. Mr. Dorado is primarily responsible for the
communication upgrades and working closely with each City, Contractor and vendors.
On-Call Traffic Engineering Services (Anaheim, CA) – Project Manager. Mr. Dorado was responsible for providing
the on-call traffic engineering services to the City of Anaheim. Our primary services consist of the
preparation of plans, specifications and estimates (PS&E) for traffic signal, intelligent transportation systems
(ITS), signing/striping improvements and traffic control. Our additional services include bicycle and
pedestrian planning, transportation planning studies, signal timing and analysis, GIS mapping and public
outreach assistance. As each task order is requested, John coordinates with the City’s traffic engineering
manager to confirm the project’s purpose and desired outcomes. He selects our team members based on
project needs and our team members’ experience and skills. He develops the scope of work and provides a
schedule and budget for each project. Following notice to proceed, John coordinates resources, oversees the
completion of technical tasks, and keeps the project team and stakeholders informed of the project’s status
and any new findings. As each project comes to a close, John confirms that all final deliverables have been
provided and that final invoices are processed quickly to facilitate contract administration.
On-Call Traffic Engineering Services – Traffic Signal Synchronization Projects (TSSP) for OCTA (Orange
County, CA) – As part of OCTA’s Program P On-call Traffic Engineering Services bench, Mr. Dorado served as
deputy project manager and task leader for various projects including: State College Boulevard TSSP, Los
Alisos Boulevard TSSP, Goldenwest Street TSSP, and Oso Parkway/Pacific Park Drive TSS Demonstration
Project. These projects consisted data collection; analysis; development and deployment of time-of-day
coordination plans for a.m., p.m., midday, and weekend peak periods; fine-tuning; and before and after
travel time studies. Our team used Synchro and Tru-Traffic software for the timing and synchronization
analysis, implementation and fine-tuning. John was primarily responsible for traffic signal and communication
upgrades including, but not limited to, traffic managements systems, traffic signal controller hardware and
firmware, traffic signal controller cabinets, emergency vehicle pre-emption, closed circuit television (CCTV )
cameras, video detection, blue-tooth, communication hardware, communications over fiber, twisted-
pair/copper and wireless. Project plans, specifications and estimates PS&E) were developed for these
improvements. The new equipment and software was either purchase by the firm or our contractor, which
was on our project team that was responsible for installing, integrating, testing and commissioning all project
improvements.
Traffic Impact Analysis (TIA) Review for LA Fitness within the Shops at Rossmoor Queuing Assessment and
Supplemental Analysis (Seal Beach, CA) – Project Manager. Mr. Dorado was responsible for providing a review
of the “LA Fitness within the Shops at Rossmoor Queuing Assessment and Supplemental Analysis” prepared
by others. ADVANTEC was requested by the City of Seal Beach to review the operations analysis and
recommended improvements at signalized intersections along Seal Beach Boulevard near the project site.
This was due to the recent signal timing and coordination upgrades that were performed by ADVANTEC along
the Seal Beach Boulevard corridor from Bolsa Avenue to Rossmoor Center Way. The City was concerned that
the analysis did not take into account of the latest signal timing parameters and provide the proper
mitigation measures. Based on our review, ADVANTEC determined that the latest signal timing parameters
were not taken into consideration and provided a comparison analysis with recommendations. As a follow
up, the City requested ADVANTEC to conduct additional analysis such as the traffic progression on Seal Beach
Boulevard, and a level-of-service (LOS) and queuing analysis at the main entrance on Seal Beach Boulevard
and Rossmoor Center Way. Our results indicated that there were minimal impacts to the northbound and
southbound traffic progression, the intersection analysis resulted in acceptable LOS, and we recommended
additional storage for the northbound left-turn pocket. This was a fast-track project with short notice,
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ADVANTEC provided a quick-turn around time so the City could respond to the developer with the proper
project mitigations and to help maintain project schedule.
On-Call Transportation Engineering Services (Long Beach, CA) - Project Engineer/Task Leader. As part of the
City of Long Beach On-Call Transportation Engineering Services, Mr. Ortiz prepared traffic signal, and signing
and striping plans for various locations throughout the City. Specific projects included: Bicycle System Gap
Closures and Improved Los Angeles River Bike Path Access - The project goal is to add 9.4 miles (18.8 lane-
miles) of bicycle infrastructure on the western side of the City of Long Beach including, Pacific Avenue, San
Antonio Drive, Del Amo Boulevard, Harding Street and Deforest Avenue. The project consisted of bikeway
signage improvements along several corridors in the City of Long Beach in order to improve connectivity to
the Class I facility along the Los Angeles River. The project also consisted of Class II and Class III bicycle
facilities, roadway rehabilitation, signage and striping improvements, and traffic signal improvements with
bicycle detection. Mr. Ortiz was responsible to provide preliminary engineering services, community
outreach, final engineering services, and preparation of forms to request authorization to proceed with
construction.
Traffic Engineering Services for Traffic Monitoring CCTV System Gap Closure Project (Culver City, CA) – Deputy
Project Manager. This project consisted of the preparation of ITS Project Evaluation Report and the
preparation of bidding documents, construction drawings, and cost estimates to implement High Definition
(HD) digital Internet Protocol (IP) CCTV cameras at 18 locations, new Video Management System (VMS), and
approximately four (4) miles of fiber optic communication cable, along with communication hub switching
equipment and software, and new auxiliary equipment at the City Hall, Public Works City Yard, Fire Station
No. 1, and designated offices within City Hall to view and manage the VMS. In addition, the project consisted
of the replacement of analog CCTV cameras at 14 locations and integrating all 32 CCTV cameras to the new
VMS; and installation of new conduit for the City’s IT network system. The proposed HD IP CCTV cameras
shall be Open Network Video Interface Forum (ONVIF) compliant. The upgraded communication system
consists of managed Ethernet/IP switches on a gigabit fiber optic backbone.
OCTA Communication Study (Orange County, CA) – Project Manager. Mr. Dorado was responsible for the
preparation of an integrated Orange County Communications Study, addressing the transportation
infrastructure operated and maintained by OCTA, Caltrans, the County of Orange, and the 34 municipalities.
John interviewed the local agencies to understand their needs and identify beneficial strategies that would
result from a shared regional approach. This informational study will become the platform for specifying and
scheduling specific near term (within 10 years) OCTA led and/or funded communications projects that will
create a cohesive communications backbone for Advanced Traffic Management System (ATMS) operators,
transit operations, 511 traveler information, emergency services information, and other Intelligent systems.
GIS mapping was provided for the conceptual countywide communication systems showing existing and
proposed communication infrastructure and links to each agency.
Ball Road and Anaheim Boulevard Intersection Improvement Project – Traffic Study, Traffic Signal Modification,
Street Lighting and Signing/Striping (Anaheim, CA) – Project Manager. Mr. Dorado was responsible for the
preparation of transportation planning and traffic engineering services for the City of Anaheim’s Ball Road
and Anaheim Boulevard Intersection Improvements project. The purpose of this project is to alleviate
congestion, improve signal operations, and to provide roadway improvements in order to meet the Orange
County Transportation Authority’s (OCTA) Master Plan of Arterial Highways (MPAH). This project includes
the evaluation of traffic operations at Ball Road and Anaheim Boulevard under four alternative improvement
scenarios for Existing Year, Opening Year 2014 and Future Year 2035 Conditions, and to identify a preferred
alternative that meets the City’s requirements while taking into consideration right-of-way and physical
constraints. Mr. Dorado worked closely with the civil engineer throughout the process for determining
required roadway improvements and intersection geometry. Mr. Dorado was responsible for the traffic
study and plans, specifications and estimates (PS&E) for traffic signal modifications, street lighting and
215
signing/striping. The traffic analysis also includes a queuing analysis, recommended turn pocket storage and
signal timing/phasing.
North Long Beach Dairy and Pacific Neighborhoods Traffic Enhancement Report (Long Beach, CA) – The
project involved the study of approximately a square mile in North Long Beach for the conversion of existing
residential streets from two-way to one-way streets. The project involves interactive community workshop
meetings with the local residents that included a walking tour, project discussion, obtained input from the
residents, and discussed project recommendations. Mr. Dorado served as the Project Engineer responsible
for assisting/conducting the workshop meetings, the circulation analysis, level-of-service analysis, sight
distance analysis, traffic signal warrant analysis, all-way stop analysis, preparation of a conceptual plans and
final report.
Coachella Valley Association of Governments (CVAG) Regional Traffic Signal Synchronization (Coachella Valley,
Riverside County, CA) – Deputy Project Manager. Mr. Dorado is responsible for the project coordination,
planning, design, implementation, and operations of the Coachella Valley’s regional traffic signal system
upgrades and signal synchronization improvements. CVAG has embarked on a major effort to advance the
development and implementation of Intelligent Transportation Systems Programs in the Coachella
Valley with an emphasis in the development of a valley-wide traffic signal interconnect master plan and
signal synchronization of new and existing signals on the regional arterials roads. CVAG has acknowledged
that the deployment of Intelligent Transportation Systems (ITS) will be an integral part of regional efforts to
maximize highway and arterial system capacity and improve operational efficiency. The objective of this
project is to reduce traffic congestion and its associated negative impacts by deploying advanced
technologies to facilitate the region’s local jurisdictions to operate their traffic signals and ITS efficiently and
effectively. The stakeholders include nine local cities, Caltrans, the County of Riverside, and CVAG. The work
consists of thirty-five major tasks including: CVAG Traffic Signal Interconnect Master Plan, System Engineering
Management Plan (SEMP), Concept of Operations (ConOps) and Strategic Deployment Plan, System
Requirements, Environmental, Preliminary Engineering, Systems Integrator Procurement and Design, System
Implementation, Construction Management and Inspection, Traffic Signal Synchronization, Operations and
Maintenance, and preparation of project website. Work also includes GIS mapping of existing and proposed
project conditions, system mapping and project phasing.
216
Mark Esposito, PE, TE, PTOE
Task Leader – Traffic Engineering/Transportation PS&E
Mr. Esposito is a Senior Engineer with ADVANTEC and has over 25
years of traffic engineering experience and is registered Civil and
Traffic Engineer with the State of California. His areas of expertise are
signal design and signal operations, including the development,
implementation and calibration of coordination timing. Other areas
of expertise include the design of signing, striping, lighting, and traffic
control, including the preparation of project plans, specifications and
estimates. Mr. Esposito is IMSA certified as a Work Zone Safety
Specialist and Level II Traffic Signal Technician.
Relevant Project Experience
Ball Road/Taft Avenue Traffic Signal Synchronization Project
(Orange County, CA) - Project Manager. Mr. Esposito provided on-call
traffic engineering services to Orange County Transportation
Authority (OCTA) to synchronize 38 traffic signals over a critical 11-
mile stretch of Ball Road/Taft Avenue within the cities of Anaheim,
Buena Park, and Orange. Improvements along this project segment
include optimized traffic signal timing and new traffic signal
equipment; new signal controllers, fiber optic cable and Ethernet
switches, Closed Circuit Television (CCTV) cameras, a Blue Tooth
travel-time system, Advanced Traffic Management System (ATMS)
licensing, and emergency vehicle pre-emption devices. Benefits
gained by improving traffic flow included reduced vehicle operating
costs, reduced fuel consumption and improved air quality.
Indian Hill Boulevard, Gold Line Light Rail Extension Railroad
Crossing Traffic Analysis (Claremont, CA) – Project Manager.
ADVANTEC provided traffic engineering services to the City of
Claremont to evaluate the impact the proposed Gold Line Light Rail
extension at the Indian Hill Boulevard railroad crossing. Currently, the
at-grade railroad crossing is being utilized by Metrolink and freight
trains. Indian Hill Boulevard is a major road which provides access to
City of Claremont’s historic downtown and nearby residential areas
and businesses. The local community and City officials requested a
traffic analysis to identify potential additional delay and vehicle
queue due to the proposed Gold Line Light Rail with and without a
rail grade separation structure. ADVANTEC worked directly with the
City of Claremont to identify the needs of the City and local
community. The traffic analysis was developed to provide the
potential traffic impact due the Gold Line Light Rail extension. The
findings were presented to the City Council.
Harbor Boulevard at Gisler Avenue Widening & Signal Modification
Project (Costa Mesa, CA)– Traffic Manager. Mr. Esposito was
responsible for the preparation of traffic signal modification and
cantilever overhead sign plans, specifications, and estimate (PS&E) for two different phases of work. Phase I
Registration:
Civil Engineering: C69921
Traffic Engineering: CA 2169
Professional Traffic
Operations Engineer, US, 2137
Years of Experience: 27
Years with firm: 3
Education:
Engineering Technology,
California State Polytechnic
University, Pomona
A.S., 1991, Electronics, Citrus
College
Professional Affiliations:
Member, Institute of
Transportation Engineers (ITE)
Member, International
Municipal Signal Association
(IMSA)
Past President & Board
Member, Orange County
Traffic Engineering Council
(OCTEC)
Member, American Society of
Civil Engineers
217
was to widen eastbound Gisler Ave at Harbor Bl to provide a triple left turn and involved the relocation of
existing signal equipment and the installation of an overhead sign structure. Phase II of the project was to
widen southbound Harbor Bl at Gisler Ave to add a dedicated right turn lane.
Traffic Signal Rehabilitation Project (Newport Beach, CA) – Project Manager. Mr. Esposito was responsible
for preparation of four traffic signal modification design plans, specifications, and estimate (PS&E). This
project included an operational analysis as well as providing coordination timing plans and timing sheets.
Mount Vernon Avenue Traffic Signal Improvement Project (Colton, CA) – Project Manager. Mr. Esposito is
responsible for the preparation of the plans, specifications and estimates for the modification of 6 traffic
signals on Mount Vernon Avenue in the City of Colton as part of an Highway Safety Improvement Project.
The safety improvements included the installation of: New signal control equipment, vehicle detection,
vehicle indications, LED luminaires, and count-down pedestrian indications. Lighting analyses were
completed for each project intersection to establish the target horizontal illuminance values. New ADA ramps
were required to replace non-conforming ramps at certain locations.
Marguerite Parkway Traffic Signal Synchronization Program (TSSP) (Mission Viejo & San Juan Capistrano,
CA) - Project Manager. Responsible for the 9-mile Marguerite Parkway Traffic Signal Synchronization Project,
which involves 31 traffic signals in the Cities of Mission Viejo and San Juan Capistrano. The project limits are
from El Toro Road to Via Escolar. This corridor is funded under OCTA’s Project P program, led and
administered by the OCTA. Signal improvements on this corridor include ne2w detector racks, new electrical
service and external battery cabinets, EVP, and new loop and video detection in Mission Viejo, and a new GPS
time source at one intersection in the City of San Juan Capistrano. The project objective is to improve arterial
traffic flow, reduce travel times and stops, and increase average speed, along this corridor through
synchronization of traffic signals.
Sand Canyon Avenue Grade Separation at the Metrolink/BNSF Railroad (Irvine, CA) - Traffic Task Manager.
Mr. Esposito managed the following traffic elements for the Sand Canyon Avenue grade separation at the
Metrolink/BNSF Railroad crossing to replace the existing at-grade highway-rail crossing at Sand Canyon
Avenue, a major arterial highway in the City of Irvine: Stage construction; traffic signal modifications and
signal communications; pavement delineation and signs; and lighting. In addition to the listed traffic design
elements, temporary traffic signals, safety lighting, and fiber optic communication needed to be designed to
conform to the various stages of construction. Key elements of the stage construction included: Installing
temporary queue-cutter traffic signals at the at-grade highway-rail crossing, and building temporary
intersections with signalization to maintain access to adjacent properties during the lowering of Burt Road.
Extensive coordination with the City of Irvine, Metrolink and Caltrans was necessary to prepare the various
designs.
OCTA SR-91 Express Lanes Changeable Message Sign Replacement and Ethernet Conversion (Orange
County, CA) –Traffic Task Manager. Mr. Esposito was responsible for the preparation of plans, specifications
and estimates for the replacement of 6 obsolete Changeable Message Signs (CMS) and CCTV cameras located
on the SR-91 Express Lanes between SR-55 and the County Line. The existing CMS panels, structures and
CCTV cameras will be replaced with new CMS panels, structures and cameras. Included in this work effort
was the conversion of the existing serial communication system to an Ethernet communication system and
integration of the new system equipment into the TOC.
218
Jose Guedes, TE
Task Leader - Traffic Signal Timing & Operations and ITS
Planning & Design
Jose Guedes is a senior engineer and the team leader in the Traffic
Signal Synchronization practice for ADVANTEC. He has over 27 years
experience in traffic forecast/modeling, traffic operations and
engineering, including 18 years in traffic signal sychronization project
management on over 2000 intersections. Some of his notable projects
are as follows:
Relevant Project Experience
2017 Corridor Operations Performance Report (OCTA, CA) – Project
Manager. Orange County Transportation Authority (OCTA) initiated
the Regional Signal Synchronization Program to improve corridor
performance in Orange County by coordinating traffic signals across
local agency boundaries. In order to monitor the long-term
performance of the coordinated corridors and prioritize potential
future coordination projects, OCTA developed a biannual corridor
performance monitoring process in 2011 to conduct an evaluation of
the corridor operational performance for arterials in the Orange
County Signal Synchronization Network. The 2011 performance
assessment was set as the baseline conditions for Orange County
corridors. Two additional Corridor Operational Performance Reports
were prepared in 2013 and 2015. This project involved performing
floating car surveys on 90 arterial corridors, approximately 770 miles,
throughout Orange County. Travel time surveys were collected using
GPS devices during AM, Midday and PM peak hours. Data was then
summarized, and operational performance was estimated using
Corridor Synchronization Performance Index and compared to
previous years.
Edinger Avenue Traffic Signal Synchronization and ITS Project (OCTA, Orange County, CA) - Project
Manager. Funded by OCTA’s Project P program, this project consisted of development of signal
synchronization (38 signals) and implementation of wireless communication, Ethernet-over-copper, Fiber-
Optics, Bluetooth-based performance measures, vehicle detection, and cabinet replacements within the
cities of Huntington Beach, Westminster, Fountain Valley, and Santa Ana. Project also included a two-year
operation and monitoring phase, with monthly travel time surveys and synchronization timing monitoring.
Magnolia Avenue Traffic Signal Synchronization and ITS Project (OCTA, Orange County, CA) - Project
Manager. Project consisted of signal synchronization (54 signals) and implementation of new hardware and
wireless communication infrastructure. Project included signals in the cities of Fullerton, Anaheim, Stanton,
Fountain Valley, Westminster, and Huntington Beach.
Beach Boulevard Traffic Light Synchronization Project (TLSP), OCTA (Orange County, CA) – Project Manager.
Project consisted of development and implementation of signal synchronization along Beach Blvd (70
Registration:
Traffic Engineering, CA 1861
Years of Experience: 27
Years with Firm: 7
Education:
M.S. in Transportation
Engineering, University of
California, Irvine, 1990
B. S. in Civil Engineering,
Universidade de Sao Paulo,
Brazil, 1986
Professional Affiliations:
Institute of Transportation
Engineers (ITE)
219
signals), and post-project timing monitoring and maintenance. Worked directly with Caltrans staff during
Monitoring period to adjust timing plans as needed.
Citywide Communications Master Plan and Fiber Optics Communication and Signal System Upgrade
(Lancaster, CA) – Project Manager. The City of Lancaster received two grants from LA-METRO to update its
traffic signal system: The North County ITS Expansion Project and the Traffic Signal System Modernization
Project. These two citywide projects consisted of updating the City’s Communication Master Plan and
preparation of Plans, Specifications and Estimates for installation of 35 miles of fiber optics communications,
wireless communications, CCTV cameras, and upgrade of traffic signal central system and controllers for 140
signalized intersections. Project scope included: field inventory of all existing signal cabinets, tracing of
existing copper interconnect and fiber optic cables between signal cabinets, measuring distances between
pull boxes, inventory of Communication hub cabinets, and inventory of City Hall and City Yard traffic signal
communications equipment.
Seal Beach Blvd TMC & ITS Improvements (Seal Beach, CA) - Project Manager. ADVANTEC provided City-
wide Turnkey project for the design and integration of new city-wide TMC and ITS improvements. The design-
build project included installation of over six miles of fiber optic cable, 2070 controller upgrades, new high
definition CCTV cameras, and relocation and expansion of an existing Traffic Management Center (TMC). New
fiber optic links were designed and furnished by ADVANTEC through Caltrans I-405 Freeway overcrossing to
connect the Northern part of the City. In addition, the traffic network emphasizes a redundant self-healing
fiber backbone ring complete with VLAN and Layer 3 network switching capabilities. The project links three
remote City buildings and provides seamless IP services to each; City Hall (TMC), Police Department (HUB)
and City Yard facilities. As part of the project, the City IT Department is further leveraging the new City-wide
Fiber Optic backbone to provide IT network intra-building communication at a reduced cost to the City.
ADVANTEC developed updated signal timing and signal synchronization (15 signals), and also designed and
managed construction (Design-Build) of Traffic Management Center, Fiber-Optics communications network,
and ITS upgrades.
Adaptive Traffic Control System Evaluation Study (Lancaster, CA) - Project Manager. Project consisted of
preparing an Evaluation Study to assist the City of Lancaster in selecting an Advanced Traffic Management
System (ATMS), and to analyze the cost-effectiveness of deploying an Adaptive Traffic Control System (ATCS)
at selected corridors. Project included: defining City’s objectives, set up system presentations and
evaluation, identify candidate corridors, identify infrastructure improvements, perform cost/benefit analysis,
and prepare study report.
Adaptive Traffic Control System - Functional Specifications (Culver City, CA) – Deputy Project Manager.
Project included research and analysis of adaptive traffic control systems, development of technical and
performance specifications, preparation of request for proposal, and assistance in evaluating adaptive system
proposals.
Citywide Traffic Signal Coordination and Retiming (Lancaster, CA) – Project Manager. Project included
citywide development of updated signal timing according to current CA-MUTCD, and development of new
synchronization timing plans (AM, Midday, PM, and Saturday) for 140 signals and 16 corridors, and
before/after analysis and report. A traffic collision analysis and operational recommendations were
developed for left turn movements at all 140 signalized intersections.
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Edward Miller, Jr., PE, TE
Task Leader – Traffic/Transportation Studies
Ed Miller is a Principal for ADVANTEC and in this role oversees the civil
and traffic engineering team leaders in the firm. He has over 35 years
of civil and traffic/transportation engineering and project
management experience on Caltrans, freeway, arterial highway and
local agency projects and public transportation funding measures
throughout Southern California.
Relevant Project Experience
OCTA Engineering Overview Services, Orange County, CA - Project
Engineer for providing engineering overview services to the Orange
County Transportation Authority, including the review of Caltrans
District 12 and consultant plans for upgrading the County freeway
system. Duties included preparation of Fact Sheets on the Interstate 5
and SR 55 widening and the Imperial Highway (SR 90) Smart Street
projects, participation in Project Development Team (PDT) meetings,
and value engineering on various freeway HOV projects.
Project Management Services, Anaheim, CA - Principal for project
management services to the City of Anaheim on the design phase for
the Interstate 5/Gene Autry Way Interchange and peer reviews of the
OCTA's Lakeview Avenue/Orangethorpe Avenue/BNSF Railway grade
separation, Katella Avenue Smart Street and SR 91/East Avenue
interchange projects.
Imperial Highway Smart Street, Cities of La Habra, Fullerton, Brea,
CA - Project Manager for the precise alignment and PS&E for the
Imperial Highway (State Route 90) Smart Street Improvements from
the Los Angeles/Orange County line to Rose Drive, a distance of 8.5
miles. This project traversed through the Cities of La Habra, Fullerton,
Placentia, Brea and Yorba Linda.
On-call Civil Engineering Services, Long Beach, CA - Project Manager
for on-call civil engineering services to City of Long Beach. Work
included preparation of plans, specifications and estimate (PS&E) for
roadway improvement projects, development of signing and striping
plans and project construction coordination with Caltrans District 7,
Port of Long Beach, overhead and underground utilities and local
transit agencies.
Santiago Creek Bike Trail, Orange, CA - Project Manager for the
development and implementation of the Santiago Creek Bike Trail
Master Plan through the Cities of Orange and Villa Park. Several
alignment options and Classes (1, 2 and 3) were developed. Work
included conducting community workshops and Council presentations
in order to obtain approval of the trail's master plan/implementation.
Registration:
Civil Engineering:
CA 47615, AZ
Traffic Engineering:
CA 2084
Years of Experience: 35
Years with Firm: 7
Education:
B.S. in Civil Engineering,
Pennsylvania State University,
1983
Professional Affiliations:
California State Board for
Professional Engineers and
Land Surveyors – Civil and
Traffic Engineering Exam
Committees
Publication:
Design of Two Lane Roadways
in Difficult Terrain, 1995
221
Caltrans District 8 On-call Traffic Engineering Services, Riverside and San Bernardino Counties, CA - Project
Manager for on-call traffic engineering services to Caltrans District 8. Recent work has included AM and PM
peak hour traffic signal coordination along twenty individual freeway on/off ramp closure detour routes on
the SR 91 Freeway widening through downtown Riverside.
Sierra Highway Road Safety Audit, Los Angeles County, CA - Project Manager for a road safety audit along 20
miles of Sierra Highway in mountainous terrain in northern Los Angeles County. Work included video log
inventory of existing roadway conditions, three year accident analysis, spot speed studies, conducting local
community outreach and report preparation, documenting results and recommendations, for use by Los
Angeles County Department of Public Works staff and County Supervisors.
Outlets at Tejon Ranch, Lebec, CA - Project Manager for the Traffic Impact Study on the 550,000 square foot
outlet mall adjacent to the Interstate 5/Wheeler Ridge Road Interchange in Lebec, CA. Work also includes
preparation and approval of a Caltrans Encroachment Permit on the PS&E package for modifications to the
eastside of the interchange.
I-5/Grapevine Interchange, Grapevine, CA- Project Manager on the $85M relocation of the Interstate
5/Grapevine Interchange in southern Kern County, CA. Work includes completion and approval of a PSR-PDS
and preparation of a Project Report (PR). in the development of three interchange alternatives to
accommodate an approved 10,000 home residential community. One alternative involves a $45M relocation
of the existing SB I-5 Grapevine Commercial Vehicle Enforcement Facility. Conceptual design plans,
construction cost estimates, SWDR, TEPA and Risk Assessment were included in the PSR-PDS. An FHWA
Modified Access Report and CTC New Connection Point Report and Advanced Planning Study will be
prepared for the PR. Stakeholder coordination and approvals include Caltrans District 6, Caltrans HQ
Structures, California Highway Patrol, Kern County Roads and FHWA.
222
Keith Rand, PE, TE
Task Lead – Construction Support
Mr. Rand is Director of Operations with ADVANTEC’s Diamond Bar
location. Keith brings more than 24 years of specific technical
experience and expertise in the areas of design build implementation,
traffic and transportation engineering and planning, Intelligent
Transportation Systems (ITS) planning and design, traffic signal design,
and engineering design. His broad based experience in traffic and
transportation engineering provides a solid foundation for both large
scale and site specific transportation projects. He has planning, design
and traffic operations experience on both small and large scale
transportation projects, including design-build of large infrastructure
projects, LRT and BRT project experience. Additionally, Keith has
strong management and communications skills coordinating with
multiple project team members and stakeholders.
He recently served as the Design Manager on the SR-91 Corridor
Improvement Project Design Build in Corona, California during the
construction phase of the project, while also managing the MOT,
traffic, electrical and ITS design work. Through the design phase of the
project, Mr. Rand served as the Task Lead of all traffic, electrical, ITS
and tolling infrastructure design.
His experience also includes ITS planning and design of ATMS/ATIS
plans, specifications and estimates for communication system design
of CCTV cameras, changeable message signs, highway advisory radio
and ramp metering elements.
Relevant Experience:
I-405 Express Lanes Design Build Project (OC405 Partners Joint
Venture/OCTA – Santa Ana, Costa Mesa, Huntington Beach, CA) –Project
Manager. Mr. Rand is responsible for coordination with the OC405
Partners Joint Venture for the Constructability Reviews focused on the
electrical, Intelligent Transportation Systems (ITS), and electronic toll
and traffic management systems (ETTM) infrastructure design
submittals prepared by the Pacific Infrastructure 405 Designers Joint
Venture. The project will generally consist of converting the existing
high occupancy vehicle (HOV) lane to a tolled express lane and adding
two new lanes (one tolled express lane and one general purpose lane)
in each direction along I-405 between the 405/605/22 interchange
through Orange County to the State Route 73 toll road interchange.
ADVANTEC prepared constructability reviews for lighting concept plan,
temporary TMS capacity analysis, temporary TMS performance
monitoring plan, temporary RMS/CCTV/TMS details, and several
design packages encompassing over 200 design plans.
Registration:
2000/Professional Civil
Engineer/ CA/C60090 (Expires
6/30/2018)
2001/Professional Traffic
Engineer/ CA/TR2103 (Expires
06/30/2017)
Years of Experience: 24
Years with Firm: 1
Education:
BS/Civil Engineering/1992/San
Diego State University
Professional Affiliations:
Orange County Traffic
Engineering Council
(OCTEC) -
Board of Directors (2013-
Present)
Institute of Transportation
Engineers (ITE)
Intelligent Transportation
Society of California (ITS-CA)
223
Hamner Avenue Bridge Replacement over Santa Ana River (RCTD – Norco/Eastvale, CA) –Project Manager. Mr.
Rand was responsible for the providing the traffic operations analysis for the Hamner Avenue Bridge
Replacement over the Santa Ana River, along with the widening of Hamner Avenue between Detroit Street
and Citrus Street. The project involved coordination with RCTD, Caltrans, and the cities of Norco and Eastvale.
The proposed project replaces the existing two-lane bridge with a new six-lane bridge along with the
widening of Hamner Avenue for approximately 0.7 miles. Post-processed ADT and peak hour turning
movement volumes were developed for opening year and horizon year conditions to conduct the traffic
operations analysis at the study intersections for the no build and build scenarios.
Riverside County Transportation Commission (RCTC), SR-91 Corridor Improvement Project (CIP) Design-Build,
Corona, California (Traffic, Electrical/ITS & ETTM Manager). Managed the Traffic Team and the Electrical/ITS Team,
including the Electronic Toll and Traffic Management (ETTM) infrastructure as part of the Atkinson-Walsh Joint
Venture (AWJV). The project includes nearly 16 miles of freeway improvements, including the extension of OCTA's
SR-91 Express Lanes from the County Line to I-15 by approximately 8 miles. Responsible for the traffic-, electrical-, ITS-
and ETTM-infrastructure components of the project including movement of traffic, pavement delineation, signing,
highway (including high mast) and local street lighting, traffic signals, Caltrans and City of Corona ITS communication
system (fiber, RMS, TMS, CCTV, CMS and WVDS), and ETTM (lighting and sign illumination, fiber, CCTV and CMS
infrastructure) design. Additional responsibilities have included support of developing the TMP, providing VISSIM and
Synchro traffic operations analysis, traffic analysis supporting Environmental revalidation efforts, development of
SSPs, and providing an integral part of Task Force meetings.
I-15 Express Lanes Design Build Project (RCTC – Corona, Eastvale, CA) –Project Manager. Mr. Rand is responsible
for providing ITS design of Caltrans traffic management system (TMS) components (i.e., ramp metering,
traffic monitoring stations, closed circuit television cameras, changeable message signs, and fiber optic
backbone) and design review coordination for the RCTC toll collection system components (i.e., toll gantries,
CCTV, CMS, detection stations, etc.). The project is approximately 14 miles long and is located in Riverside
County along Interstate 15 (I-15) that travels through the cities of Corona, Norco, Eastvale and Jurupa Valley,
essentially between the Cajalco Road interchange on the south end and the State Route 60 interchange on
the north end.
Riverside County Transportation Commission (RCTC), I-215 Widening PS&E (0F161) and I-215 Widening PS&E
(0F162), Murrieta and Perris, California (Electrical/Traffic Manager). The two projects involved the development of
PS&E bid documents for the construction of one mixed flow lane in each direction along the I-215 freeway between
Murrieta Hot Springs Road and Scott Road (about seven miles in length for 0F161) and between Scott Road and
Nuevo Road (nearly 13 miles in length for 0F162). Managed the design teams responsible for all traffic/electrical
sheets including staging, pavement delineation/signs, and electrical/ITS. Managed the design teams responsible for
all traffic/electrical sheets including construction area signs, staging/traffic handling, detours, pavement delineation
and signs, associated quantities, and electrical/ITS (i.e., ramp metering system, traffic monitoring system, vehicle
sensor node, highway and safety lighting, local street lighting, traffic signals, decorative bridge and soffit lighting,
weigh-in-motion system, and changeable message signs). Developed the traffic/electrical-related construction cost
estimates and project special provisions, and coordinated the development of the TMP. The projects were both
completed on an accelerated schedule in order to meet funding requirements.
224
Tracy Moriya
Task Leader – Plan Review
Tracy Moriya is a Principal in ADVANTEC with over 30 years of
experience in management and design of traffic engineering and
transportation projects. His professional experience includes design
of transportation systems, traffic signals, traffic signal communication
systems (twisted pair, fiber optic, wireless), guardrail design, CCTV
video communication design, roadway and highway lighting, traffic
signal system design, signing and striping, stage
construction/handling, traffic control. He is an expert in developing
design plans, as well as municipal engineering for traffic signal
systems, fiber optic interconnect, traffic control, signing and striping
projects, street lighting design street lighting design projects. Through
his career, he has been involved in over 700 traffic signal design and
coordination projects, ranging from minor modification of controller
upgrades to installations /modifications of corridors with over 60
intersections.
As on-call traffic engineering services with the City of Rancho
Cucamonga, City of Diamond Bar, City of Inglewood, Irvine, Anaheim
as well as other cities. Mr. Moriya is very thorough when it comes to
QA/QC in-house, as well as, municipal plan checking. Mr. Moriya is
serious when safety and functionality is involved. He reviews all angles
when looking at each plan (or plans), in order to be certain that all
plans reach their maximum design standards.
Relevant Project Experience
Anaheim Plan Checking Services (Anaheim, CA) - As part of the City’s
On-Call Traffic Engineering Services, (since 1998) Mr. Moriya is the key
person that project managed, as well as reviewing, the task of Plan
Checking various transportation plans, which includes traffic signal
modification, signing and striping and traffic control plans prepared by
developers. Traffic Control plans ranged from a single construction
area zone, or a phased construction area zone to
reconstruction/rehabilitation of pavement reaching over a mile. Plans
were reviewed per City guidelines as well as following the latest
MUTCD and WTCP guidelines. Plans were completed within 24 – 36
hours. Currently, Under the On-Call agreement Mr. Moriya is the
Project Manager of staff augmentation for the City of Anaheim two
days a week for Plan Checking Traffic Control Plans prepared by
various consultants and contractors. Traffic control varies by the type
of construction tasks, for instance, underground utility maintenance
or installation, street widening, traffic signal installation, and street
lighting installation.
On-Call Traffic Engineering (Diamond Bar, CA) - Mr. Moriya was the
Project Manager for On-Call traffic engineering services for the City of
Diamond Bar. Work includes QA/QC review of consultant design
plans, responding to Contractors RFI’s on current construction
Years of Experience: 30
Years with Firm: 20
Education:
California State University Long
Beach, Mathematics
University of Irvine,
Mathematics
Professional Affiliations:
Member, Institute of
Transportation Engineers (ITE)
Professional Training:
Economic and Resource
Development, Intelligent
Transportation Systems
Institute of Transportation
Studies (ITS) Extension, Traffic
signal design
University of California
Extension, Street lighting
design
Northwestern University Traffic
Institute, Intersection &
Channelization Design
Westech College,
Microstation Intergraph PC
Graphics and Computer
Aided Drafting (CAD)
225
projects, preparing traffic engineering studies, prepare Safe Routes to School design plans, Traffic Control
plan checking reviews and coordinating with the City in responding to citizen’s complaints. As each task order
is requested, Mr. Moriya meets with the City to confirm the project’s purpose and anticipated outcome, and
prepares a scope of work and budget. After notice to proceed, Mr. Moriya prepares the ADVANTEC Team to
meet the City’s schedule and budget.
Signing & Striping Plan Checking for the New Los Angeles Stadium (Inglewood, CA) - Planned to open in
2020 the Los Angeles Stadium at Hollywood Park / City of Champions Stadium will serve as the home for the
Los Angeles Rams and Los Angeles Chargers. The Stadium is a component of the City of Champions
Revitalization Initiative, this is the development on the site the former Hollywood Park Racetrack. As part of a
joint venture design team. Mr. Moriya is providing plan checking services for the signing and striping plans of
the new development. Mr. Moriya plan checks for constructability, geometric lane configuration, correct
signage and placements and above all, safety.
Santa Clarita Engineering Guidelines (Santa Clarita, CA) - Key project staff member that assisted in
developing guidelines for Signing and Striping Design, Traffic Control Design, Traffic Signal Design and Traffic
Design Checklist for the City of Santa Clarita. These guidelines and checklists are currently used by City staff
and distributed to others for their use for City of Santa Clarita traffic designs.
Lancaster 12 Traffic Signal Modification Design Project (Lancaster, CA) - Project Manager for the preparation
of 12 traffic signal modification design plans as part of the City’s On-Call Project Tasks. Improvement tasks
consisted of preparing traffic signal modification plans to change out protected/permissive left-turn phasing
to fully protected left-turn phasing and signal upgrades. The signal modification task was prompted by a
prioritization of signal upgrade report prepared by ADVANTEC on a previous task.
Staff Augmentation (Caltrans District 8) - Project coordinator for staff augmentation at Caltrans District 8.
ADVANTEC provided qualified personnel to perform professional services to assist Caltrans in the review and
analysis of traffic impact studies, parking studies and weaving analysis. Using the knowledge of civil
engineering principles, the team was able to assist in all tasks with accurate computations and engineering
decisions. Also assisted Caltrans with construction Transportation Management Plans (TMP) consisting of
determining the TMP needs, estimation of TMP costs, review and preparation of reports to identify
mitigation measures of traffic congestion due to major construction projects, and advising Caltrans project
managers of TMP activities.
ARTIC to West Anaheim Bikeway Connector Project (City of Anaheim, CA) - Project Manager on the design
of 3.7 miles of Class II bike lanes and 4.2 miles of Class III Sharrows along a continuous corridor totaling
almost 8 miles. Starting at West Ball Road and Magnolia Avenue, and ending at the east end of the city at the
ARTIC regional transportation hub and the Santa Ana River Trail. ADVANTEC prepared engineering plans,
specifications and estimates (PS&E) to close a bicycle route gap that currently exists. The bicycle connector
project encouraged bicycling as a mode of transportation in the City, opened opportunities for bicycle
commuting for those who never considered “cycling to work, and Increased safety for bicyclists on City
streets.
Firestone Boulevard/Rives Avenue Traffic Signal, Signing / Striping Design (Downey, CA) - Senior Project
Manager in preparing traffic signal modification and the signing and striping plans for the street widening of
Firestone Boulevard in the City of Downey. Intersection plans revisited from the Signal Communication
System project along Firestone Boulevard and revised per the widening of the southwest corner.
226
227
228
229
230
Local Assistance Procedures ManualEXHIBIT 9-DDBE Contract Goal MethodologyItem No.Approx. Quant.Meas. UnitItem Description Unit Price TotalLikely to be Performed by Sub-contractor (Y=Yes)?Trucking or Supply of Material Involved (Y=Yes)?Work Category Code (enter a code if corresponding cell in either Column G or H is "Y") Number of Available DBEsDBE Work Factor (input a percentage only if the number of available DBEs > 9)DBE Work Dollar AmountComment1 1 LS Traffic Engineering $ 60,000.00 $ 60,000.00 N N$0.002 1 LS Traffic Plans and Specifications $ 150,000.00 $ 150,000.00 N N$0.003 1 LS Cost Estimates $ 10,000.00 $ 10,000.00 N N$0.004 1 LS Technical Studies $ 40,000.00 $ 40,000.00 N N$0.005 1 LS Survey$ 10,000.00 $ 10,000.00 YNC876028100%$10,000.0061 LS Construction Engineering Support$ 30,000.00 $ 30,000.00 NN$0.00TOTAL $300,000.00TOTAL DBE WORK AMOUNT$10,000.00Work CodeDBE Goal2%C8760Page 2 of 2December 30, 2014DBE Contract Goal Land SurveyorCategoryCity of Huntington Beach Various Improvement ProjectsTraffic Engineering Consultant231
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
Page 1 of 2
July 23, 2015
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE:
7. Description of Work, Service, or Materials
Supplied
8. DBE
Certification
Number
9. DBE Contact Information 10. DBE %
Local Agency to Complete this Section
11. TOTAL CLAIMED DBE PARTICIPATION % 17. Local Agency Contract Number:
18. Federal-Aid Project Number:
19. Proposed Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
20. Local Agency Representative's Signature 21. Date
12. Preparer's Signature 13. Date
22. Local Agency Representative's Name 23. Phone
14. Preparer's Name 15. Phone
24. Local Agency Representative's Title 16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
232
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
Page 2 of 2
July 23, 2015
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc.).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own
forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the
exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the
participation of DBE firms.
8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified
on the date bids are opened.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime
consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is
less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit
15-H DBE Information - Good Faith Efforts of the LAPM).
12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm
must sign their name.
13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment
form.
15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
19. Proposed Contract Execution Date - Enter the proposed contract execution date.
20. Local Agency Representative’s Signature - The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Consultant Section of this form is
complete and accurate.
21. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
22. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
23. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying
the consultant’s DBE commitment form.
233
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
Page 1 of 2
July 23, 2015
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
$ 20. Local Agency Contract
Number:
21. Federal-Aid Project Number:
% 22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
23. Local Agency Representative's Signature 24. Date
15. Preparer's Signature 16. Date
25. Local Agency Representative's Name 26. Phone
17. Preparer's Name 18. Phone
27. Local Agency Representative's Title 19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
234
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
Page 2 of 2
July 23, 2015
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic
Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all
Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if
the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on
the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column.
%: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract
Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith
Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must
sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Consultant Section of this form is complete and
accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
consultant’s DBE commitment form.
235
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 1
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract
a. bid/offer/application
a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services
(If individual, last name, first name, MI) (including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission
a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
236
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 2
LPP 13-01 May 8, 2013
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or
an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a
covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted
report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the
tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of
the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for
Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to
influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name,
First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity
(Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is
a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind
payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal
officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that
were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing
instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-
LLL-Instructions Rev. 06-04
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EXHIBIT 10-R A &E SAMPLE CONTRACT LANGUAGE
(For Local Assistance Federal-aid Projects)
NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT
CONTRACTS BEFORE EXECUTION. THIS CONTRACT LANGUAGE IS ONLY SUGGESTED LANGUAGE. MODIFY AS
RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.
TABLE OF CONTENTS
A&E SAMPLE CONTRACT LANGUAGE
Article Subject Page
Article I Introduction ................................................................................................................................ 2
Article II Statement of Work ..................................................................................................................... 2
Article III Consultant's Reports or Meetings .............................................................................................. 4
Mandatory Fiscal and Federal provisions (Verbatim):
Article IV Performance Period .................................................................................................................... 4
Article V Allowable Costs and Payments .................................................................................................. 4
Article VI Termination ................................................................................................................................ 8
Article VII Cost Principles and Administrative Requirements .................................................................... 8
Article VIII Retention of Records/Audit ....................................................................................................... 9
Article IX Audit Review Procedures .......................................................................................................... 9
Article X Subcontracting ......................................................................................................................... 10
Article XI Equipment Purchase ................................................................................................................ 11
Article XII State Prevailing Wage Rates .................................................................................................... 11
Article XIII Conflict of Interest ................................................................................................................... 12
Article XIV Rebates, Kickbacks or other Unlawful Consideration ............................................................. 12
Article XV Prohibition of Expending Local Agency State or Federal Funds for Lobbying ...................... 12
Article XVI Statement of Compliance ......................................................................................................... 13
Article XVII Debarment and Suspension Certification ................................................................................. 14
Miscellaneous provisions:
Article XVIII Funding Requirements ............................................................................................................. 14
Article XIX Change in Terms ...................................................................................................................... 14
Article XX Disadvantaged Business Enterprises (DBE) Participation ....................................................... 15
Article XXI Contingent Fee ......................................................................................................................... 16
Article XXII Disputes ................................................................................................................................... 16
Article XXIII Inspection of Work .................................................................................................................. 16
Article XXIV Safety ....................................................................................................................................... 17
Article XXV Insurance .................................................................................................................................. 17
Article XXVI Ownership of Data ................................................................................................................... 18
Article XXVII Claims Filed by LOCAL AGENCY’S Construction Contractor ............................................. 18
Article XXVIII Confidentiality of Data ............................................................................................................ 19
Article XXIX National Labor Relations Board Certification ......................................................................... 19
Article XXX Evaluation of Consultant ......................................................................................................... 19
Article XXXI Retention of Funds ................................................................................................................... 19
Article XXXII Notification .............................................................................................................................. 21
Article XXXIII Contract .................................................................................................................................... 21
Article XXXIV Signatures................................................................................................................................. 21
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ARTICLE I INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following
named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
________________________
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME)
The name of the “LOCAL AGENCY” is as follows:
____________________________
The Contract Administrator for LOCAL AGENCY will be (NAME)
B. The work to be performed under this contract is described in Article II entitled Statement of Work and the
approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is
attached hereto (Attachment I) and incorporated by reference. If there is any conflict between the approved
Cost Proposal and this contract, this contract shall take precedence.
C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and
employees from any and all claims, demands, costs, or liability arising from or connected with the services
provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will
reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL
AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions
of CONSULTANT.
D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall
act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY.
E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either
in whole or in part.
F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the
parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the
parties hereto.
G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of
CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
ARTICLE II STATEMENT OF WORK
(INSERT APPROPRIATE STATEMENT OF WORK INCLUDING A DESCRIPTION OF THE DELIVERABLES )
A. Consultant Services
Detail based on the services to be furnished should be provided by CONSULTANT. Nature and
extent should be verified in the negotiations to make precise statements to eliminate subsequent
uncertainties and misunderstandings. Reference to the appropriate standards for design or other
standards for work performance stipulated in consultant contract should be included. Describe
acceptance criteria, and if the responsible consultant/engineer shall sign all Plans, Specifications and
Estimate (PS&E) and engineering data furnished under the contract including registration number.
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Environmental documents are not considered complete until a Caltrans District Senior Environmental
Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No
Significant Impact, or the Caltrans District Director signs the Record of Decision [see Chapter 6,
“Environmental Procedures” in the LAPM, and the Standard Environmental Reference].
B. Right of Way
State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land
surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way
plots are to be furnished.
C. Surveys
State whether or not the CONSULTANT has the responsibility for performing preliminary or construction
surveys.
D. Subsurface Investigations
State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If
borings or other specialized services are to be made by others under the supervision of CONSULTANT,
appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be
found in the Standard Environmental Reference.
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY or another agency, or government
that are to be made available to CONSULTANT are referred to in the contract. Any other assistance or
services to be furnished to CONSULTANT are to be stated clearly.
F. Conferences, Visits to Site, Inspection of Work
The contract provides for conferences as needed, visits to the site, and inspection of the work by
representatives of the state, or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the
initial meeting shall be included in the fee.
G. Checking Shop Drawings
For contracts requiring the preparation of construction drawings, make provision for checking shop drawings.
Payment for checking shop drawings by CONSULTANT may be included in the contract fee, or provision
may be made for separate payment.
H. Consultant Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing,
construction surveys. etc., are specified in the contract together with the method of payment for such services.
I. Documentation and Schedules
Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the
satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of
progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the
contract objectives.
J. Deliverables and Number of Copies
The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans,
specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies.
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ARTICLE III CONSULTANT’S REPORTS OR MEETINGS
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A & B below for standard contracts)
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently
detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is
on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or
special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed,
to discuss progress on the contract.
(Option 2 - Use paragraphs A & B below for on-call contracts)
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order.
These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL
AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to
expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any
difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project
Coordinator, as needed, to discuss progress on the project(s).
ARTICLE IV PERFORMANCE PERIOD (Verbatim)
(A time must be set for beginning and ending the work under the contract. The time allowed for performing the
work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into
the contract. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared
by CONSULTANT, they should be identified and incorporated into the contract.
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A & B below for standard and on-call contracts)
A. This contract shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and
CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract
Administrator. The contract shall end on (DATE), unless extended by contract amendment.
B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY
until the contract is fully executed and approved by LOCAL AGENCY.
(Option 2 - Use paragraph C below in addition to paragraphs A & B above for on-call contracts)
C. The period of performance for each specific project shall be in accordance with the Task Order for that
project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the
contract shall be extended by contract amendment.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim)
(Choose either Option 1, 2, 3, or 4)
(Option 1 - Use paragraphs A through J below for Actual Cost-Plus-Fixed Fee contracts. Use Exhibit 10-H,
Example #1 for Cost Proposal Format)
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A. The method of payment for this contract will be based on actual cost plus a fixed fee. LOCAL AGENCY will
reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental
costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work.
CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee
benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved
CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by contract amendment.
In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL
AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY
determines that a change to the work from that specified in the Cost Proposal and contract is required, the
contract time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to
accommodate the changed work. The maximum total cost as specified in Paragraph “H” shall not be
exceeded, unless authorized by contract amendment.
B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of
$(AMOUNT). The fixed fee is nonadjustable for the term of the contract, except in the event of a significant
change in the scope of work and such adjustment is made by contract amendment.
C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved
Cost Proposal.
D. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior
written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such
cost estimate.
E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs.
A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If
CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the
Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in
accordance with the provisions of Article VI Termination.
F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this
contract.
G. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL
AGENCY’s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later
than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall
detail the work performed on each milestone and each project as applicable. Invoices shall follow the format
stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final
invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased
under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be
submitted within 60 calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to
LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).
I. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved
Cost Proposal and is approved by LOCAL AGENCY’s Contract Administrator.
For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases,
which are the direct result of changes in the prevailing wage rates are reimbursable.
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(Option 2 - For Cost per Unit of Work contracts, replace paragraphs A & B of Option 1 with the following
paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your
project. Use Exhibit 10-H, Example #3 for Cost Proposal Format)
A. The method of payment for the following items shall be at the rate specified for each item, as described in this
Article. The specified rate shall include full compensation to CONSULTANT for the item as described,
including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be
allowed therefore.
B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $(Amount)
per approved Cost Proposal. This rate shall be for a fully equipped vehicle, with radio and flashing yellow
light (if needed), as specified in Article II of this contract.
The specified rate to be paid for equipment shall be, as listed in Attachment (Insert Attachment Number).
C. The method of payment for this contract, except those items to be paid for on a specified rate basis, will be
based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs
(including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs)
incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual
costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other
estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by
contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that
exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event,
LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and
contract is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by contract
amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” shall
not be exceeded unless authorized by contract amendment.
(Option 3 - Use paragraphs A through P for Specific Rates of Compensation contracts [such as on-call
contracts]. Use Exhibit 10-H, Example #2 for Cost Proposal Format)
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in CONSULTANTs Cost
Proposal (Attachment Number). The specified hourly rates shall include direct salary costs, employee
benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this
Contract.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that
are in the cost proposal and identified in the cost proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this contract is identified by LOCAL AGENCY, LOCAL AGENCY
will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services,
expected results, project deliverables, period of performance, project schedule and will designate a LOCAL
AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review.
CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate,
including a written estimate of the number of hours and hourly rates per staff person, any anticipated
reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on
the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and
CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both
of which must be based on the labor and other rates set forth in CONSULTANT’s Cost Proposal.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved
Cost Proposal.
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G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior
written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such
estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual
costs incurred.
I. CONSULTANT shall not commence performance of work or services until this contract has been approved
by LOCAL AGENCY, and notification to proceed has been issued by LOCAL AGENCY’S Contract
Administrator. No payment will be made prior to approval or for any work performed prior to approval of
this contract.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized
representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not
commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL
AGENCY’S Contract Administrator of itemized invoices in triplicate. Separate invoices itemizing all costs
are required for all work performed under each Task Order. Invoices shall be submitted no later than 45
calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the
Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable.
Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract
number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment
purchased under the provisions of Article XI Equipment Purchase of this contract, must be reimbursed by
CONSULTANT prior to the expiration or termination of this contract. Invoices shall be mailed to LOCAL
AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No
Task Order will be written which extends beyond the expiration date of this Contract.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount
agreed to in the Task Order, unless authorized by contract amendment.
N. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task
Order, no payment will be made until the deliverable has been satisfactorily completed.
O. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this
Agreement.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this contract shall not
exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that
this dollar amount will be authorized under this contract through Task Orders.
(Option 4 - Use paragraphs A through E below for lump sum contracts. Use Exhibit 10-H, Example #1 for Cost
Proposal Format)
A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to
CONSULTANT will include compensation for all work and deliverables, including travel and equipment
described in Article II Statement of Work of this contract. No additional compensation will be paid to
CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance
of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will
be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum
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compensation will not be effective until authorized by contract amendment and approved by LOCAL
AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by
CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule
set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this
Contract in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this contract has been approved
by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract
Administrator. No payment will be made prior to approval of any work, or for any work performed prior to
approval of this contract.
D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL
AGENCY’S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later
than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall
detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format
stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must
contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the
provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within
60-calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL
AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).
ARTICLE VI TERMINATION (Verbatim)
A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice
to CONSULTANT with the reasons for termination stated in the notice.
B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform
the covenants herein contained at the time and in the manner herein provided. In the event of such
termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL
AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall
pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost
of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage
shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid
to CONSULTANT upon demand.
C. The maximum amount for which the LOCAL AGENCY shall be liable if this contract is terminated is _____
dollars.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS (Verbatim)
A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of
individual items.
B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
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C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to
be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1,
Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY.
ARTICLE VIII RETENTION OF RECORDS/AUDIT (Verbatim)
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California
Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the
performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL
AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and
other evidence pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract. All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final payment under the contract.
The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal
Government shall have access to any books, records, and documents of CONSULTANT and it’s certified public
accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit,
examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim)
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not
disposed of by agreement, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by
LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be
submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT
from full and timely performance, in accordance with the terms of this contract.
(The following AUDIT CLAUSE must be inserted into all contracts of $150,000 or greater)
D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or
reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit
work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work
papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and
regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to
ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including
making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and
approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations.
CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into
the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by
CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local
governments have access to CPA work papers, will be considered a breach of contract terms and cause for
termination of the contract and disallowance of prior reimbursed costs.
(The following AUDIT CLAUSE must be inserted into all contracts of $3,500,000 or greater).
E. CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans’ Audit and
Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR
documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL
AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the
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management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to
incorporate the Work Paper Review recommendations included in the management letter or audit
recommendations included in the audit report will be considered a breach of the contract terms and cause for
termination of the contract and disallowance of prior reimbursed costs.
1. During a Caltrans’ review of the ICR audit work papers created by the CONSULTANT’s independent
CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of issues that arise
during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely
manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant
approval letter, LOCAL AGENCY will reimburse the CONSULTANT at a provisional ICR until a FAR
compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost
Accounting Standards), if applicable; in accordance with procedures and guidelines of the American
Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures
and guidelines}is received and approved by A&I. Provisional rates will be as follows:
a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the
proposed rate.
b. If the proposed rate is between 150% and 200% - the provisional rate will be 85% of the proposed
rate.
c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate.
2. If Caltrans is unable to issue a cognizant letter per paragraph E.1. above, Caltrans may require
CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3)
months of the effective date of the management letter. Caltrans will then have up to six (6) months to
review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this Section E, or if Caltrans is still unable to
issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead
cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the
ICR and set forth in paragraph E.1. above for all rendered services. In this event, this provisional ICR will
become the actual and final ICR for reimbursement purposes under this contract.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items
have occurred: (1) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2)
all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3)
Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL
INVOICETO local agency no later than 60 days after occurrence of the last of these items.
The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and
the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING (Verbatim)
A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL
AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities
and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the
acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them
as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s
obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY’S obligation to
make payments to the CONSULTANT.
B. CONSULTANT shall perform the work contemplated with resources available within its own organization
and no portion of the work pertinent to this contract shall be subcontracted without written authorization by
LOCAL AGENCY’s Contract Administrator, except that, which is expressly identified in the approved Cost
Proposal.
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C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment
made to CONSULTANT by LOCAL AGENCY.
D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this
contract to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY’s Contract
Administrator prior to the start of work by the subconsultant(s).
ARTICLE XI EQUIPMENT PURCHASE (Verbatim)
A. Prior authorization in writing, by LOCAL AGENCY’s Contract Administrator shall be required before
CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies,
equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or
desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in CONSULTANT’s Cost Proposal and
exceeding $5,000 prior authorization by LOCAL AGENCY’s Contract Administrator; three competitive
quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following: “CONSULTANT shall
maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful
life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs
replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the
conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment
and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best
price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and
credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the
equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent
independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable
to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and
conditions of such sale must be approved in advance by LOCAL AGENCY.” 49 CFR, Part 18 requires a
credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited
to the project.
ARTICLE XII STATE PREVAILING WAGE RATES (Verbatim)
(Choose either Option 1 or Option 2)
(Option 1 - For contracts where a portion of the proposed work to be performed are crafts affected by state labor
laws, use paragraphs A and B)
A. CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate requirements in
accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances
applicable to the work.
B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works
construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall
contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance
program by the Director of Industrial Relations.
C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence
costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as
outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
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(Option 2 - Use only paragraph A below when all of the proposed work in the contract is performed by crafts not
affected by state labor laws or are not contemplated for use)
A. The State of California’s General Prevailing Wage Rates are not applicable to this contract.
Note: The Federal “Payment of Predetermined Minimum Wage” applies only to federal-aid construction
contracts.
ARTICLE XIII CONFLICT OF INTEREST (Verbatim)
A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may
have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project.
CONSULTANT shall also list current clients who may have a financial interest in the outcome of this
contract, or any ensuing LOCAL AGENCY construction project, which will follow.
B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business
interest that would conflict with the performance of services under this contract.
(Choose either Option 1 or Option 2 if appropriate)
(Option 1 - Use paragraphs C & D below with paragraphs A & B above for PS&E contracts only)
C. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT
will bid on any construction contract, or on any contract to provide construction inspection for any
construction project resulting from this contract. An affiliated firm is one, which is subject to the control of
the same persons through joint-ownership, or otherwise.
D. Except for subconsultants whose services are limited to providing surveying or materials testing information,
no subconsultant who has provided design services in connection with this contract shall be eligible to bid on
any construction contract, or on any contract to provide construction inspection for any construction project
resulting from this contract.
(Option 2 - Use paragraphs C, D & E below with paragraphs A & B above for Construction Contract
Administration contracts only)
C. CONSULTANT hereby certifies that neither CONSULTANT, its employees, nor any firm affiliated with
CONSULTANT providing services on this project prepared the Plans, Specifications, and Estimate for any
construction project included within this contract. An affiliated firm is one, which is subject to the control of
the same persons through joint- ownership, or otherwise.
D. CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT,
will bid on any construction subcontracts included within the construction contract. Additionally,
CONSULTANT certifies that no person working under this contract is also employed by the construction
contractor for any project included within this contract.
E. Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing
service on this contract shall have provided services on the design of any project included within this contract.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim)
CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other
unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of
this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability;
to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise
recover the full amount of such rebate, kickback or other unlawful consideration.
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ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS
FOR LOBBYING (Verbatim)
(Include this article in all contracts where federal funding will exceed $150,000. If less than $150,000 in federal
funds will be expended on the contract; delete this article and re-number the notification article which follows.)
A. CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of
CONSULTANT to any person for influencing or attempting to influence an officer or employee of
any state or federal agency; a Member of the State Legislature or United States Congress; an officer
or employee of the Legislature or Congress; or any employee of a Member of the Legislature or
Congress, in connection with the awarding of any state or federal contract; the making of any state or
federal grant; the making of any state or federal loan; the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any state or federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency; a Member of
Congress; an officer or employee of Congress, or an employee of a Member of Congress; in
connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance
with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this
certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients
shall certify and disclose accordingly.
ARTICLE XVI STATEMENT OF COMPLIANCE
A. CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury
under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the
nondiscrimination program requirements of Government Code Section 12990 and Title 2, California
Administrative Code, Section 8103.
B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and
subconsultants shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Consultant and subconsultants shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the
5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et
seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full.
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Consultant and its subconsultants shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
(For contracts with Federal funding, add paragraphs C & D)
C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted
programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation
of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will
implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on
the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied
the benefits of or subject to discrimination under any program or activity by the recipients of federal
assistance or their assignees and successors in interest.
D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with
Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin,
religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of
materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices
when the Agreement covers a program whose goal is employment.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of perjury under the
laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, “OMB
Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies
that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager,
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any
federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been
indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any
matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this
certification must be disclosed to LOCAL AGENCY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in
determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating
agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services
Administration are to be determined by the Federal highway Administration.
ARTICLE XVIII FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract may have been written before ascertaining the
availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid
program and fiscal delays that would occur if the contract were executed after that determination was made.
B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for
the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations,
conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board
that may affect the provisions, terms, or funding of this contract in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any
reduction in funds.
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D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to
Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds.
ARTICLE XIX CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and
notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in
the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL
AGENCY’s Contract Administrator.
ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. This contract is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in
Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on
this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
B. The goal for DBE participation for this contract is_________%. Participation by DBE consultant or
subconsultants shall be in accordance with information contained in the Consultant Proposal DBE
Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached
hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform,
CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal
is not otherwise met.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the
performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant
shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.
CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration
of US DOT-assisted agreements. Failure by CONSULTANT to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL
AGENCY deems appropriate.
D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.
E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the
reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination,
CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).
F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of
the contract and is carrying out its responsibilities by actually performing, managing, and supervising the
work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies
used on the contract, for negotiating price, determining quality and quantity, ordering the material, and
installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a
CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be
paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.
G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or
project through which funds are passed in order to obtain the appearance of DBE participation. In
determining whether a DBE is such an extra participant, examine similar transactions, particularly those in
which DBEs do not participate.
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H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its
contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than
would be expected on the basis of normal industry practice for the type of work involved, it will be presumed
that it is not performing a CUF.
I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into
with certified DBEs. The records shall show the name and business address of each DBE or vendor and the
total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of
payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work.
J. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form
entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants”
CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT’s
authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure
to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of
the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be
returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business
Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.
K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify
CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE
during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of
certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within 30 days.
ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or
retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling
agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this
warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the
work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise
recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXII DISPUTES
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A through C below for all contracts without PS&E submittal)
A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of
by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and
(Insert Department Head or Official), who may consider written or verbal information submitted by
CONSULTANT.
B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review
by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for
review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from
full and timely performance in accordance with the terms of this contract.
(Option 2 - Replace Paragraph B, above, with the following for contracts requiring the submission of PS&E)
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B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and
estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims
or disputes, other than audit. The request for review will be submitted in writing.
ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal
participating funds are used in this contract; to review and inspect the project activities and files at all reasonable
times during the performance period of this contract including review and inspection on a daily basis.
ARTICLE XXIV SAFETY
(Use on all contracts regardless of funding source)
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary
safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL
AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall
wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined
that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall
comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the
protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
(Add to all contracts, which may require trenching of five feet or deeper)
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as
outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work,
method, operation, or process related to the construction or excavation of trenches which are five feet or
deeper.
ARTICLE XXV INSURANCE
(Choose either Option 1 or Option 2)
(Option 1 - for Contracts with a scope of services that may require the consultant or subconsultant to work
within the operating state or Local Agency Highway Right of Way; where there would be exposure to public
traffic or construction operations)
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a
Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for
CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per
occurrence.
B. The Certificate of Insurance will provide:
1. That the insurer will not cancel the insured’s coverage without 30 days prior written notice to LOCAL
AGENCY.
2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional
insureds, but only insofar as the operations under this contract are concerned.
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3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all
times during the term of this contract. In the event said insurance coverage expires at any time or times
during the term of this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said
expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for
not less than either the remainder of the term of the contract, or for a period of not less than one (1) year.
New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event
CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY
may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
(Option 2 - For Contracts with a scope of services that will not require the Consultant or subconsultant to work
within the operating State or LOCAL AGENCY Highway Right of Way where there would be exposure to public
traffic or construction Consultant operations)
CONSULTANT is not required to show evidence of general comprehensive liability insurance.
ARTICLE XXVI OWNERSHIP OF DATA
A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans,
specifications, and estimates produce as part of this contract will automatically be vested in LOCAL
AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY.
CONSULTANT shall furnish LOCAL AGENCY all necessary copies of data needed to complete the review
and approval process.
B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or
machine-readable form, are intended for one-time use in the construction of the project for which this contract
has been entered into.
C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by
CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or losses
arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other
projects for additions to this project, or for the completion of this project by others, except only such use as
many be authorized in writing by CONSULTANT.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as
appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are
permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and
irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for
government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR
A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by
CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is
required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel
available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and
for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against
construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.
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Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for
CONSULTANT’s personnel services under this contract.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor
claims will be performed pursuant to a written contract amendment, if necessary, extending the termination
date of this contract in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s
operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT
in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and
disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to
the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same
on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL
AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel
involved in the performance of this contract, at public hearings or in response to questions from a Legislative
committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by
LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
(For PS&E contracts add paragraph F, below, to paragraphs A through E, above)
F. All information related to the construction estimate is confidential, and shall not be disclosed by
CONSULTANT to any entity other than LOCAL AGENCY.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury
that no more than one final unappealable finding of contempt of court by a federal court has been issued against
CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to
comply with an order of a federal court that orders CONSULTANT to comply with an order of the National
Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to
CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the
contract record.
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Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language
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August 2016
ARTICLE XXXI RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.
(Local agency to include either B, C, or D below; delete the other two)
B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by
the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant
from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant
or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business and Professions Code. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event
of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant
performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime
consultants and subconsultants.
C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage
held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly
paid in full to subconsultants within 30 days after the subconsultant’s work is satisfactorily completed.
Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take
place only for good cause and with the Agency’s prior written approval. Any violation of this provision shall
subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified
in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or
impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or
subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant,
deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both
DBE and non-DBE prime consultant and subconsultants.
D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental
acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime
consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies
withheld in retention from a subconsultant within thirty (30) days after receiving payment for work
satisfactorily completed and accepted including incremental acceptances of portions of the contract work by
the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30)
days may take place only for good cause and with the agency’s prior written approval. Any violation of this
provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other
remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be
construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the
prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the
prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision
applies to both DBE and non-DBE prime consultant and subconsultants.
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ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this contract and changes
thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage
prepaid, and addressed as follows:
CONSULTANT:
, Project Manager
LOCAL AGENCY:
, Contract Administrator
ARTICLE XXXIII CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL
AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in
duplicate between the two parties. Both of these parties for and in consideration of the payments to be made,
conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms
and conditions of this contract as evidenced by the signatures below.
ARTICLE XXXIV SIGNATURES
(Name of CONSULTANT) (Name of LOCAL AGENCY)
(Signature) (Signature)
(Name of Signer) (Name of Signer)
Date:
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FPL & ASSOCIATES, INC.
FOR
ON CALL TRANSPORTATION AND ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY,” and FPL & Associates, Inc., a California corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide on call
transporation and engineering services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Fong-Ping Lee who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on ____________________, 20____ (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than three (3) years from the Commencement Date. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Three Hundred Thousand Dollars ($300,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall occur first. These
materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature)
arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any)
negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of
its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees
except such loss or damage which was caused by the sole negligence or willful misconduct of
CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act as
limitation upon the amount of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT’s professional liability in an amount not less than One Million Dollars
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($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY’s election, to
forthwith terminate this Agreement. Such termination shall not effect Consultant’s right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
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A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days’
prior written notice; however, ten (10) days’ prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
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be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
approved assignees, delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or
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other communications will be sent by notifying the other party via personal delivery, a reputable
overnight carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach
ATTN: Bill Janusz
2000 Main Street
Huntington Beach, CA 92648
FPL & Associates, Inc.
ATTN: Fong-Ping Lee
30 Corporate Park, Suite 401
Irvine, CA 92606
949-252-1688
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
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covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
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CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY’S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney’s fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,
have been made by that party or anyone acting on that party's behalf, which are not embodied in this
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Agreement, and that that party has not executed this Agreement in reliance on any representation,
inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
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EXHIBIT A
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide consulting services on an 'as-needed' basis for projects to be
determined during the term of the agreement. During the term of the agreement, CITY may elect to
solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the
scope of services, work schedule, and fee proposal submitted to CITY for its review and approval.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of
Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications
for On Call Transportation and Engineering Services. Upon award, and the contract period, if
CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit
the names and qualifications of these staff to CITY for approval before commencing work.
CONSULTANT shall comply with all Local Assistance Procedures Manual (LAPM), the Caltrans
Construction Manual, the Federal Highway Administration requirements, and Caltrans A&E
Sample Contract Language known as Exhibit 10-R, which includes, Caltrans Consultant Proposal
DBE Commitment known as Exhibit 10-O1 and/or 10-O2, and Caltrans Disclosure of Lobbying
Activities known as 10-Q (Exhibit C).
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Furnish scope of work request for each project.
2. Furnish construction plans and specifications to the CONSULTANT.
D. WORK PROGRAM/PROJECT SCHEDULE:
A project schedule will be developed for each project assigned by CITY.
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Exhibit B
1
EXHIBIT “B”
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month’s bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
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Exhibit B
2
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
.
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FPL & ASSOCIATES, INC.
FOR
ON CALL TRANSPORTATION AND ENGINEERING SERVICES
Table of Contents
1 Scope of Services .....................................................................................................1
2 City Staff Assistance ................................................................................................2
3 Term; Time of Performance .....................................................................................2
4 Compensation ..........................................................................................................2
5 Extra Work ...............................................................................................................2
6 Method of Payment ..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance......................................................................…….4
10 Certificate of Insurance ............................................................................................5
11 Independent Contractor ............................................................................................6
12 Termination of Agreement .......................................................................................6
13 Assignment and Delegation ......................................................................................6
14 Copyrights/Patents ...................................................................................................7
15 City Employees and Officials ..................................................................................7
16 Notices……………………………………………………………………………..7
17 Consent ....................................................................................................................8
18 Modification .............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement ..............................................................................8
21 Duplicate Original ....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited ................................................................9
24 Attorney's Fees ..........................................................................................................10
25 Survival .....................................................................................................................10
26 Governing Law .........................................................................................................10
27 Signatories.................................................................................................................10
28 Entirety ......................................................................................................................10
29 Effective Date………………………………………………………………………11
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275
Statement of Qualifications for On-Call
Transportation Engineering Services
PREPARED BY:
30 CORPORATE PARK, SUITE 401, IRVINE, CA 92606
(949) 252-1688
The above map reflects areas where FPL has performed work either for or in the City of Huntington Beach.
PREPARED FOR:
JANUARY 11, 2018
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FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
Table of Contents
A. Cover Letter
B. Vendor Application Form
C. Pre-Qualification Form
D. Firm Qualifications
a. Summary of Capabilities………………………………………………………………..…….…..1
b. Key Personnel…………………………………………………………………………………..….…..2
c. Public Agency References ………………………….…………………………………..….…….2
d. Synopsis of Proposal ………………………………………………………………………..…..….6
e. Resumes ……………………………………………………………………......(see Appendix A)
E. Staffing
a. Organization Chart………………………………………..………………………..…………..…..7
F. Understanding & Methodology
a. Understanding of the City………………………………………………………………...……...8
b. Objectives to be Accomplished…………………………………………………………………8
c. Capability of Developing Innovative or Advanced Techniques………..………..9
d. Solutions to Similar Projects……………………………………………………………………..9
e.Detailed Descriptions of Efforts FPL will take to Achieve City Satisfaction….….10
f. Familiarity with State and Federal Procedures………………………………………..10
g. Financial Responsibility……………………………………………………………………..……10
h. Technical Ability…………………………………………………………………………………..…11
Appendix A: Resumes
Appendix B: Forms 10-O1, 10-O2, and 10-Q
Cost Proposal/ Rate Sheet (see separate sealed envelope)
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FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
January 11, 2018
City of Huntington Beach – City Clerk’s Office, 2nd Floor
ATTN: Jim Slobojan, Fiscal Services Division
2000 Main Street
Huntington Beach, California 92648
RE: On-Call Transportation Engineering Services
in response to Request for Qualifications (RFQ) released November 28, 2017
Dear Mr. Slobojan:
FPL and Associates, Inc. (FPL), a local, small, (U)DBE firm, is pleased to submit this proposal to provide “On-Call”
Transportation Engineering Services for the City of Huntington Beach. The FPL Team is ready and eager to
continue to support the City in achieving on-time, on-budget project delivery under this important program.
Significant City of Huntington Beach “On-Call” Experience: Since 2006, for the City, FPL has been
responsible for the design of nine (9) traffic signals (modifications and new), signing and striping for at least
sixteen (16) street segments (including bike lanes), and street lighting for almost one dozen street segments
(including converting 5KV series street lighting systems to 240V along six roadways including Pacific Coast
Highway (PCH)). In addition, FPL has prepared a citywide Left Turn Phasing Study of 47 intersections, as well
as a Feasibility Study for enhancing the capacity of the intersection of PCH and Warner Avenue. Most recently,
FPL has been supporting the City with E-76 documentation for federally funded safety projects.
Extensive Overall “On-Call” Experience: Below are sample projects for some other local agencies in
Orange and Los Angeles Counties for which FPL currently provides “on-call” engineering services:
Sample Transportation Engineering “On-Call” Projects
in the Last 5 Years Within Orange and Los Angeles Counties
City of
Huntington
Beach
-Edinger Avenue Bridge Traffic Control: staff augmentation / plan review
-11th Street: street lighting
-17th Street / Utica Avenue / Main Street & Bola Chica Street / Pearce Drive: left turn phasing traffic
signal modification and new traffic signal, respectively
-Gothard Street / Slater Avenue: left turn phasing traffic signal modification and interconnect
City of Irvine -Warner Avenue / Paseo Westpark: left turn phasing traffic signal modification
City of
Orange
-Tustin Street / Chapman Avenue: traffic signal modification for right turn lane improvements
-Tustin Street / Katella Avenue: traffic signal modification for right turn lane improvements
Caltrans
District 12
-SR-39 (Beach Boulevard) between Atlanta Avenue in Huntington Beach and Cypress Street in La
Habra: ADA safety project
-SR-90 between Beach Boulevard in La Habra and Rose Drive in Placentia: ADA safety project
-SR-74 (Ortega Highway) between I-5 and SR-74: ADA safety project
-SR-133 between El Toro Road and SR-241 in Laguna Beach, Irvine, and unincorporated County of
Orange: MGBR replacement safety project
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FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
Sample Transportation Engineering “On-Call” Projects
in the Last 5 Years Within Orange and Los Angeles Counties (continued)
POLB -Pavement Rehabilitation of Edison Avenue and Lugger Way: worksite traffic control
METRO -Rail to Rail: traffic signals, street lighting, signing and striping, and civil engineering improvements for
20+ intersections
LAWA -Sepulveda Boulevard / Imperial Highway: traffic signal design for joint Caltrans D7 and City of El
Segundo review
-Arbor Vitae Street / Aviation Boulevard: traffic signal, signing and striping, and street lighting for joint
City of Los Angeles and City of Inglewood review
LAUSD -South Region High School #9, South Gate: traffic and pedestrian safety mitigation report
City of Los
Angeles
-Venice Dual Force Main: traffic signals, signing and striping, worksite traffic control, street lighting for
sewer line installation
-Temescal Canyon Park Stormwater Best Management Practice: worksite traffic control installation
-State Street Bridge Widening Over SCRRA: traffic signals, signing and striping, worksite traffic control
-Soto Street Bridge Widening Over Valley Boulevard: traffic signals, signing and striping, street lighting,
worksite traffic control
-1st Street Bridge Over Glendale Boulevard Improvements: signing and striping, worksite traffic control
Trusted Leadership: Mr. Alex Zupanski, P.E., T.E. will serve as Project Manager for all assignments. Alex is a
transportation engineering specialist with over 24 years of experience delivering projects throughout Southern
California, including numerous projects for City of Huntington Beach projects, as well as a variety of “on-call”
projects for agencies such as Caltrans District 12 and many other municipalities, including the Cities of Irvine and
Los Angeles. Alex is especially skilled at managing projects with tight deadlines that are under the jurisdiction of
multiple agencies. Mr. Fong-Ping Lee, P.E., T.E., founder and President of FPL, will serve as Principal-in-Charge
and Traffic Studies Lead.
The FPL Team appreciates the opportunity to submit this proposal. We hope you will agree that the FPL Team
will bring ideal experience and unique knowledge to the program. Thank you for your time and consideration.
Respectfully yours,
FPL and Associates, Inc.
Fong-Ping Lee, P.E., T.E.Alex Zupanski, P.E., T.E.
President & Principal-in-Charge & Traffic Studies Lead Vice President – Traffic & Project Manager
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REQUEST FOR PROPOSAL
VENDOR APPLICATION FORM
TYPE OF APPLICANT: NEW CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________
Contact Person for Agreement: ____________________________________________________
Corporate Mailing Address: ________________________________________________
City, State and Zip Code: __________________________________________________
E-Mail Address: _________________________
Phone: ________________________ Fax: ________________________
Contact Person for Proposals: ______________________________________________________
Title:______________________________ E-Mail Address: ______________________
Business Telephone: _________________________ Business Fax: ________________
Is your business: (check one)
NON PROFIT CORPORATION FOR PROFIT CORPORATION
Is your business: (check one)
CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
280
2 of 2
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names Title Phone
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
Federal Tax Identification Number: __________________________________________
City of Huntington Beach Business License Number: _____________________________
(If none, you must obtain a Huntington Beach Business License upon award of contract.)
City of Huntington Beach Business License Expiration Date: __________________________
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FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
1
Firm Qualifications
Summary of Capabilities
FPL and Associates, Inc. (FPL) was established in 1988 by former City of
Irvine staffer, Fong‐Ping Lee, P.E., T.E. and has since been providing “on‐call”
transportation engineering services. Since 2006, FPL has provided “on‐call” transportation
engineering services for the City of Huntington Beach, including traffic signal, interconnect,
signing and striping, and street lighting design; as well as traffic studies. Overall, FPL has
extensive “on‐call” experience, including with the Cities of Irvine, Mission Viejo, Santa Ana, and
Los Angeles; Caltrans (District 7 and 12); County of Los Angeles; Port of Long Beach; Los Angeles
Unified School District; L.A. METRO; and the United States Air Force. FPL’s transportation
engineering experience includes well over 500 traffic signals and more than 100 miles of
signing, striping, and lighting throughout Southern California; and approximately 100 state
route and interstate corridor and ramp improvements (reviewed and approved by Caltrans).
As a certified disadvantaged business enterprise (DBE) that has participated in numerous
federally funded projects, FPL is familiar with a variety of federal and state requirements, and
including Local Assistance Provisions Manual requirements.
FPL’s Transportation Engineering Services include:
Traffic signal design, including new signals,
signal modifications, and interconnect
Signage design, including changeable
message signs (CMS), roadside signs, and
overhead signs
Pavement delineation design
Street and highway lighting design (including
photometric calculations)
Traffic Control & Staging Plan
Intelligent Transportation System (ITS)
design
Technical specifications
Construction cost estimates
Traffic studies
SYNCHRO
Signal timing and coordination
Plan check
CA MUTCD / ADA Compliance
Geometric improvements (street
widening/narrowing/realignment, intersection
improvements)
Caltrans PS&E
Field verification
Traffic calming design
Attendance at public outreach events, City
Council meetings, etc.
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FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
2
Key Personnel
Fong‐Ping Lee
Alex Zupanski
Dick Ivy
Principal‐in‐Charge
P.E., T.E.
Project Manager
P.E., T.E.
Quality Manager
P.E., T.E.
34 Total Years
29 with FPL and Associates
24 Total Years
13 with FPL and Associates
46 Total Years
6 with FPL and Associates
Ph.D. (1983)
Civil (Transportation) Engineering,
University of Texas, Austin
M.S. (1976)
Transportation Planning
National Taiwan University
B.S. (1974)
Civil Engineering
National Taiwan University
M.S. (1997)
Transportation Engineering
California State University, Long
Beach
B.S. (1993)
Civil Engineering
California State Polytechnic
University, Pomona
M.S. (1974)
Transportation Engineering
San Jose State University
B.S. (1964)
Civil Engineering
University of California, Berkeley
City of Huntington Beach “On‐
Call” Transportation
Engineering Program
City of Los Angeles “On‐call”
Bridge Improvement Program,
Los Angeles
LAUSD “On‐Call” SRHS #9
Traffic and Pedestrian Safety
Mitigation Report
City of Irvine “On‐Call” Various
Intersection Improvement
Projects
Caltrans District 12 “On‐Call”
Traffic Electrical Design
OCTA OC Streetcar
City of Huntington Beach “On‐
Call” Transportation
Engineering Program
City of Irvine “On‐Call” Warner
Avenue / Paseo Westpark
Traffic Signal Modifications
Caltrans District 12 “On‐Call”
Traffic Electrical Design
OCTA OC Streetcar
METRO I‐405 Sepulveda Pass
Improvements, Los Angeles
SCRRA “On‐Call” Los Angeles
County Grade Crossing Safety
Improvement Program, Covina
and Baldwin Park
POLB “On‐Call 2013 Port‐Wide
Slurry Seal Program
City of Irvine “On‐Call” Warner
Avenue / Jamboree Road
Northbound On‐Ramp
Intersection Improvements
County of Angeles “On‐Call”
Grand Avenue Traffic Signal
Synchronization
OCTA OC Streetcar
OCTA SR‐22 Design‐Build
OCTA West County Connectors
METRO Foothill Gold Line
Extension from Pasadena to
Azusa
Public Agency References
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FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
3
Client &
Reference
Project, including Description Individual
Responsibilities
Relevance
City of
Huntington Beach
Mr. William F.
Janusz, P.E.,
PTOE, Principal
Civil Engineer
(714) 536‐5431
wjanusz@surfcity‐
hb.org
City of Huntington Beach “On‐Call” Transportation
Engineering ‐ For the City of Huntington Beach, FPL has
been responsible for a variety of “on‐call” transportation
engineering projects,
including:
Traffic Signals: Yorktown
Avenue and Windward
Lane (installation),
Indianapolis Avenue and
Titan Lane (installation),
Hamilton Avenue and
Newland Street (installation), Slater Avenue and Edwards
Street (modification), Main Street and 17th Street / Utica
Avenue (modification), Gothard Street and Slater Avenue
(modification), Bolsa Chica Street and Pearce Drive
(installation)
Signing and Striping: Yorktown Avenue and Windward
Lane, Indianapolis Avenue and Titan Lane, Hamilton
Avenue and Newland Street, Graham Street – Edinger
Avenue to Bolsa Avenue (bike lanes), Ward Street –
Yorktown Avenue to Garfield Avenue, Yorktown Avenue
– Main Street to Delaware Street, Yorktown Avenue –
Brookhurst Street to Ward Street, Garfield Avenue –
Bushard Street to Ward Street (coordinated with City of
Fountain Valley), Slater Avenue – Graham Street to
Goldenwest Street, Edwards Street – Slater Avenue to
Warner Avenue (school crossing), Garfield Avenue –
Newland Street to Magnolia Street, Gothard Street – Heil
Avenue to Edinger Avenue, Magnolia Street – Atlanta
Avenue to PCH, Magnolia Street – Warner Avenue to I‐
405, Slater Avenue – Newland Street to Beach Boulevard,
1st Street – PCH to Orange/ Atlanta Avenue (Downtown),
Huntington Street – Pacific View Avenue to Atlanta
Avenue (Downtown), Pecan Avenue – Main Street to
Lake Street (Downtown), Atlanta Avenue – 1st Street to
Huntington Street (Downtown)
Street Lighting: Orange Avenue ‐ 2nd Street to 11th
Street, 6th Street ‐ Orange Avenue to Walnut Avenue,
7th Street ‐ Palm Avenue to PCH, Palm Avenue ‐ 7th
Street to 17th Street, Olive Avenue ‐ 1st Street to 17th
Street, Main Street ‐ 14th Street to Acacia Avenue, PCH ‐
Main Street to 1st Street, Magnolia Street – PCH to canal
(pedestrian lighting), 11th Street
Traffic Studies: PCH / Warner Avenue Intersection
Capacity Enhancement Feasibility Study and Left Turn
Phasing Study of 47 Intersections
Interconnect / Communication: Yorktown Avenue and
Windward Lane, Indianapolis Ave. and Titan Lane, Main
Street and 17th Street / Utica Ave., Hamilton Ave. and
Newland Street, Gothard Street
Dates: 2006 ‐ Ongoing
Alex Zupanski –
Project Manager
Fong‐Ping Lee –
Traffic Studies
Lead
Alex Eapen –
E‐76 Support
Alan Lee –
Civil Engineer
City of
Huntington
Beach
“On‐Call”
Traffic signals
Signing &
striping
Street lighting
Traffic studies
Traffic signal
interconnect/
communication
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FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
4
Client &
Reference
Project, including Description Individual
Responsibilities
Relevance
City of Irvine
Mr. Darrell
Hartman, P.E.,
Project Manager
(949) 901‐1753
dhartman@ci.irvi
ne.ca.us
City of Irvine “On‐Call”
Warner Avenue/ Paseo
Westpark Traffic Signal
Modifications – This capital
improvement project,
located near a K‐12 school,
increases safety by
implementing protected left turn phasing, as well as
ensures compliance with the American with Disabilities
Act (ADA) and the California Manual on Uniform Traffic
Control Devices (CA MUTCD). FPL proposed a number of
value engineering ideas which helped reduce the design
cost of the project.
Dates: 2015 – 2017.
Alex Zupanski –
Project Manager
Fong‐Ping Lee –
Principal‐in‐
Charge
Mike Honda –
Design Engineer
“On‐Call”
Municipal
transportation
engineering
Traffic signal
modifications
Signing and
striping
Orange County
FPL was prime
Federally
funded project
City of Orange
Mr. Eduardo
Lopez, P.E.,
Associate Civil
Engineer
(714) 744‐5227
edlopez@cityofor
ange.org
City of Orange Tustin
Street at Chapman
Avenue & Tustin
Street at Katella
Avenue Traffic Signal
Modifications – For
these two ongoing traffic signal modification projects for
the City of Orange, FPL is designing traffic signal
modification plans that allow for right turn lane
improvements (the City is responsible for the geometric
design). FPL has worked closely with City maintenance
staff to understand the make and models of various
equipment, including CCTV systems, GPS EVP systems,
video detection systems, LED IISNS, LED luminaires so
that improvements are made that will facilitate
maintenance and operations.
Dates: 2017 ‐ Ongoing
Alex Zupanski –
Project Manager
Fong‐Ping Lee –
Principal‐in‐
Charge
Huy Trinh –
Design Engineer
City of Orange
Municipal
transportation
engineering
Traffic signal
modifications
Signing and
striping
Orange County
FPL is prime
City of Los
Angeles
Mr. Fabio Arias,
P.E.,
Transportation
Engineer
(213) 485‐5046
fabio.arias@lacity
.org
City of Los Angeles Venice Pumping Plant Dual Force
Main, Marina del Rey and Playa del Rey ‐ During severe
wet weather, peak flows to the County of Los Angeles’s
Venice Pumping Plant exceed the capacity of the only
force main carrying wastewater away from the plant.
The resultant risk is that wastewater could spill onto City
of Los Angeles streets and surface waters. Thus, the City
of Los Angeles is adding a second, larger 54” force main
sewer to operate in tandem with the existing one, to be
installed using microtunnelling. FPL is responsible for the
design of temporary traffic control plans, temporary and
restoration traffic signal plans, signing and striping plans,
and street lighting plans.
Dates: 2008, then project put on hold, resumed 2014 ‐
2016.
Alex Zupanski –
Project Manager
Fong‐Ping Lee –
Principal‐in‐
Charge
Henry Trinh –
Design Engineer
Huy Trinh –
Design Engineer
“On‐Call”
Municipal
transportation
engineering
Traffic control
Traffic signals
Street lighting
Traffic control
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FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
5
Client &
Reference
Project, including Description Individual
Responsibilities
Relevance
City of Santa Ana
Mr. Sean Thomas,
Project Manager
(714) 647‐5655
sthomas5@santa‐
ana.org
OCTA OC Streetcar, Santa and Garden Grove –This
project will link the
Santa Ana Regional
Transportation Center
to a new multimodal
hub at Harbor
Boulevard/Westminster Avenue in Garden Grove and
serve the historic downtown Santa Ana and Civil
Center. It runs 4.15 miles in each direction along
Santa Ana Boulevard, 4th Street, and the Pacific
Electric right‐of‐way to Harbor Boulevard. For this
multi‐modal project, FPL is responsible for all traffic
engineering design, including traffic signal, signing
and striping, street lighting, and maintenance of
traffic design. FPL’s traffic engineering design has
taken into account the streetcar users, motorists,
bicyclists, and pedestrians that will share the
aforementioned roadways. Specifically, FPL has
worked closely with the City of Santa Ana on
implementation of the City of Santa Ana Bikeway
Master Plan.
Dates: 2016 ‐ Ongoing.
Alex Zupanski –
Project Manager
Fong‐Ping Lee –
Principal‐in‐
Charge
Huy Trinh –
Design Engineer
Bryan Jones
(Alta) – Principal
Engineer
Municipal
Transportation
engineering
Traffic signals
Signing and
striping
Street lighting
Traffic control
Orange County
Alta as
subconsultant
City of Los
Angeles
Mr. Diep Nguyen,
Street Lighting
Engineer
(213) 847‐1441
diep.nguyen@laci
ty.org
County of Los Angeles “On‐Call” Bridge Improvement
Program, Los Angeles ‐ FPL has performed “on‐call”
transportation engineering (traffic signals, signing,
striping, street lighting, traffic studies, traffic signal
interconnect, traffic control) and civil engineering for
the following:
Riverside Drive viaduct replacement over Los Angeles
River;
1st Street viaduct widening
over Los Angeles River;
Tampa Avenue bridge
widening over Los Angeles
River, including solar‐
powered lighting plan for bike
lane along river (SEE PHOTO);
Overland Avenue bridge widening over I‐10;
State Street bridge widening over SCRRA
Glendale‐Hyperion Viaduct Complex Improvements;
La Tijera Boulevard bridge widening over I‐405;
Soto Street bridge widening over Valley Boulevard;
1st Street over Glendale Boulevard improvements;
US‐101 at Los Angeles Street/Main Street sidewalk
art improvements construction support.
Dates: 2002 ‐ ongoing.
Alex Zupanski –
Project Manager
Fong‐Ping Lee –
Traffic Studies
Lead/ Civil Lead
Dick Ivy –
Transportation
Engineer
Henry Trinh –
Design Engineer
Mike Honda –
Design Engineer
Huy Trinh –
Design Engineer
Alan Lee –
Civil Engineer
“On‐Call”
Municipal
transportation
engineering
Traffic signals
Signing &
striping
Street lighting
Traffic studies
Traffic signal
interconnect
Traffic control
Construction
engineering
support
Caltrans PS&E
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6
Synopsis of Proposal
FPL, a CUCP‐certified disadvantaged business
enterprise (DBE, see certification to the right)
founded in 1988, has been providing “on‐call”
transportation engineering services for the
City of Huntington Beach since 2006. FPL has
performed extensive traffic signal (new and
modification), signing and striping, street
lighting and interconnect design for the City, in
addition to preparing multiple traffic studies,
including a study of 47 intersections in the City to determine prioritization for left turn ph asing
improvements. Moreover, FPL has provided services for staff augmentation to assist with plan
review and services to prepare E‐76 documents for federally funded projects. Overall, FPL is
very experienced with providing similar “on‐call” transportation engineering services to a
variety of municipalities and other public
agencies throughout Southern California,
particularly in Orange and Los Angeles Counties,
including the Cities of Irvine, Orange, and Los
Angeles, as well as Caltrans Districts 7 and 12,
the San Pedro Bay Ports (POLA and POLB), and
L.A. METRO. FPL’s dual service offering of civil
engineering and transportation engineering
provides clients with the flexibility to do one‐
stop shopping for intersection improvements.
Resumes (see Appendix A)
“I’ve had the pleasure of working with
FPL for over 10 years. Their tenacity for
providing the best professional and
technical services in the transportation
and infrastructure fields far exceeds the
engineering community. Any developer
or agency, having FPL as a teammate,
would be miles ahead of the
competition."
– Eduardo Cervantes, Third
Party Administration Director,
Los Angeles County
Metropolitan Transportation
Authority (METRO)
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Statement of Qualifications for On-Call Transportation Engineering Services
7
Staffing
Organization Chart
Understanding of Methodology Section
CITY OF HUNTINGTON BEACH
AGENCIES HAVING JURISDICTION
PRINCIPAL‐IN‐CHARGE
Fong‐Ping Lee, P.E., T.E.
PROJECT MANAGER
Alex Zupanski, P.E., T.E.
QUALITY MANAGER
Dick Ivy, P.E., T.E.
DESIGN ENGINEER
Signals/ Interconnect/ ITS
Henry Trinh, M.S.
DESIGN ENGINEER
Signing & Striping/ Traffic Control
Mike Honda
DESIGN ENGINEER
Street Lighting
Huy Trinh, M.S.
CIVIL ENGINEER
ADA Compliance
Alan Lee, P.E., QSD/QSP
TRANSPORTATION ENGINEER
E‐76 Support
Alex Eapen, P.E., ENV SP
TRANSPORTATION ENGINEER
Traffic Studies/ SYNCHRO
Fong‐Ping Lee, P.E., T.E.
TRAFFIC DATA COLLECTION
Kevin Deal
BIKE FACILITY SUPPORT
Bryan Jones, P.E., AICP
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8
Understanding & Methodology
Understanding of the City
FPL has served as an “on‐call” transportation engineering consultant for the City since 2006.
Thus, FPL is familiar with City staff, the roadway network of the City, and opportunities and
challenges experienced by the City. With respect to
opportunities and challenges experienced by the City,
FPL has helped the City with preparation of Local
Assistance Procedures Manual paperwork (see photo of
Manual cover to the right), so FPL understands that the
City is well positioned to obtain federal funds for
improvement projects. Meanwhile, FPL has also
provided the City with staff augmentation to review
other consultants’ plans, so FPL understands that while
the City has quite a few projects that need to be
delivered, it also needs consultants it can trust to ensure
that the City’s requirements and expectations for quality are fulfilled. As another example, the
City has extensive overhead utilities, so FPL approaches transportation engineering design for
the City with an emphasis on avoiding impacts to such utilities.
Objectives to be Accomplished
For this important “on‐call” program, FPL has one simple objective: to help the City meet its
objectives, and thus, to continue a working relationship with the City that we have enjoyed
since 2006. To that end, FPL’s understanding of the City’s objectives is that the City has a
number of projects that it cannot perform in‐house so that reliable consultant support is
needed to help City staffers perform their jobs and improve the quality of life of local residents
and businesses, as well as the experience of visitors to Surf City USA. The support needed by
City staffers ranges from the design of a variety of transportation engineering plans (new and
modified traffic signals, interconnect, signing and striping, street lighting, worksite traffic
control) to data collection and the preparation of traffic studies to plan check services to
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9
construction support to E‐76 documentation. In particular, for projects in receipt of federal
funds, FPL’s certification as a disadvantaged business enterprise (DBE) more than ensures that
the DBE goal for the program will be met.
Capability of Developing Innovative or Advanced Techniques
FPL Project Manager, Alex Zupanski, P.E., T.E. is personally very interested in new technologies
and developments in transportation engineering, and he brings this interest along with his
extensive experience to each new project. For example, Alex has significant experience
converting communication infrastructure to fiber optics. As another example, Alex has
overseen the transportation engineering design for multiple high‐profile projects with a multi‐
modal emphasis, such as OCTA’s OC Streetcar. Consequently, Alex’s involvement ensures that
special attention is paid to pedestrian and bicyclist safety.
Meanwhile, FPL as a whole emphasizes sustainable design with staff who are ENV SP and LEED
certified, such as Alex Eapen, P.E., ENV SP, who is also experienced with E‐76 documentation.
FPL is very experienced in designing plans to utilize energy saving equipment, such as LED
fixtures for street lighting. FPL’s approaches transportation engineering design so that there
are minimal impacts to i) traffic during construction and ii) existing infrastructure while meeting
all applicable requirements, such as Americans with Disabilities Act (ADT) requirements.
Solutions to Similar Projects
FPL has significant project experience with agencies
that have jurisdiction over “coastal” areas, such as the
San Pedro Bay Ports (POLA and POLB) and the County
of Los Angeles (Marina del Rey), in addition to the City
of Huntington Beach. FPL’s experience ensures that
special foundation design is provided for projects
involving high water tables; that our staff interact
exceptionally well with non‐engineer local residents
and businesses at public outreach events (see photo
to the right); and that all project stakeholders are
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FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
10
identified and coordinated with, including environmental groups and other agencies having
jurisdiction, such as Caltrans.
Detailed Descriptions of Efforts FPL will take to Achieve City Satisfaction
To achieve client satisfaction, FPL emphasizes strong lines of communication, a strong work
ethic, and a commitment to quality. As a recent example, FPL worked closely with the City
during the weeks before the New Year to ensure that the documents needed to continue
federal support for two projects met deadlines. FPL stayed in close touch with the City, never
hesitating to pick up the phone and emailing when it was appropriate. On the morning of the
last Friday before the New Year, FPL learned that the City needed additional documents by the
afternoon. FPL and the City quickly worked out a list of priorities, and FPL mobilized five
staffers to timely provide to the City not only the mandatory documents that the City had asked
for but also optional‐for‐the‐time‐being documents to add to the “request for authorization”
package that the City needed to submit.
Familiarity with State and Federal Procedures
To date, FPL, a certified DBE, has participated in approximately 100 corridor and interchange
projects under the jurisdiction of Caltrans. Many of these projects received federal funds, while
others were direct “on‐call” assignments for Caltrans, including District 12. FPL has also had
experience priming a project with OCTA that improved approximately ten miles of Interstate 5;
FPL worked closely with both Caltrans District 12 and Headquarters to obtain approval of both a
project study report / project report (PSR/PR) and PS&E. Moreover, FPL has been supporting
the City itself with Local Assistance Procedures Manual documentation. Thus, FPL is familiar
with a variety of State and Federal procedures.
Financial Responsibility
FPL is operated conservatively to minimize business risks. FPL is financially healthy and free
from debt, and our employees and subconsultants are held to the highest ethical standards.
Our internal controls have been set to keep our growth steady, our clients satisfied, our
employee morale high and turnover low, our good name protected, and our business
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FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
11
competitive and upright. We believe that our success ultimately depends on how well we serve
our clients and their confidence in us.
Technical Ability
In addition to the projects presented above, the following three projects serve as examples of
FPL’s technical abilities. Given FPL’s technical strengths, we are able to perform civil and
transportation engineering in‐house, obtain joint approvals from agencies such as Caltrans and
the City of Los Angeles, work on some of the largest and most high‐profile projects in the
region, deliver projects under significant time pressure, and take over projects begun by other
consultants.
Project Demonstrated Technical Ability
City of Los Angeles
Intersection
Improvements for
Lincoln Boulevard
(SR‐1) and 83rd Street,
Los Angeles
FPL performed both civil engineering (street improvement) and transportation
engineering (traffic signal, signing and striping, street lighting, worksite traffic control)
design for joint Caltrans and City of Los Angeles approval given that Lincoln Boulevard
is a state route under the jurisdiction of Caltrans, while 83rd Street is under the
jurisdiction of the City of Los Angeles
METRO I‐405
Sepulveda Pass
Improvements, Los
Angeles
For this 10‐mile‐long, $1‐billion‐plus design‐build project that added a carpool lane to
I‐405 between I‐10 and US‐101, FPL performed transportation engineering design for
improvements both to the entire freeway corridor (ramp metering, highway lighting,
roadside and overhead signs, intelligent transportation system (ITS)), and to impacted,
local streets (traffic signals, street lighting, signing and striping). FPL’s plans were
jointly reviewed by Caltrans, the City of Los Angeles, and the County of Los Angeles.
EXPO Venice
Boulevard Underpass,
Los Angeles
For this light rail design‐build project for which FPL performed transportation
engineering (signing and striping, street lighting, traffic signal) design, as well as
sanitary sewer and water line relocation design, FPL was brought in to complete
additional traffic signal design after multiple consultants were unable to obtain agency
approval for their design. FPL succeeded in obtaining timely, agency approval.
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Appendix A
Resumes
294
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
ALEX ZUPANSKI, P.E., T.E.
Project Manager
YEARS OF EXPERIENCE
24 Total Years
13 with FPL and
Associates
EDUCATION
Master of Science,
1997,
Transportation
Engineering,
California State
University,
Long Beach
Bachelor of Science,
1993,
Civil Engineering,
California State
Polytechnic University,
Pomona
REGISTRATIONS
Professional Engineer
Civil, 59351 CA
Professional Engineer
Traffic, 2400 CA
SUMMARY
Alex has been responsible for a variety of local agency and Caltrans transportation
engineering-related projects since joining FPL over a decade ago. Prior to joining FPL, Alex
worked at Parsons for 11 years on a variety of local agency and Caltrans projects.
REPRESENTATIVE PROJECT EXPERIENCE
City of Huntington Beach “On-Call” Transportation Engineering Program │ PROJECT
MANAGER FOR TRAFFIC DESIGN; since 2006, under FPL’s “on-call” contract with the City, Alex
has overseen the design of over half a dozen traffic signals, 16 segments of signing and
striping – including 4 segments Downtown, 9 segments of street lighting (including the
conversion of 5KV series street lighting systems to 240V for six streets including PCH),
pedestrian lighting on Magnolia Street between PCH and the canal (including processing a
Caltrans encroachment permit), and ADA improvements for Main Street and 17th
Street/Utica Avenue.
OCTA OC Streetcar, Santa Ana and Garden Grove | FPL PROJECT MANAGER; Alex is
overseeing all traffic engineering design, including signing and striping, traffic signal, street
lighting, and maintenance of traffic design, for this 4.15-mile-long multi-modal project that is
proposed to run along Santa Ana Boulevard, 4th Street, and the Pacific Electric right-of-way to
Harbor Boulevard. FPL’s traffic engineering design has taken into account the streetcar users,
motorists, bicyclists, and pedestrians that will share the aforementioned roadways.
City of Los Angeles “On-Call” Venice Dual Force Main, Marina del Rey and Playa del Rey | FPL
PROJECT MANAGER; in severe wet weather conditions, peak flows to the County of Los
Angeles’s Venice Pumping Plant exceed the capacity of the only force main carrying wastewater
away from the plant. The resultant risk is that wastewater could spill onto local streets and
surface waters. This poses a reliability problem for the City of Los Angeles. Thus, the City is
adding a second, larger force main sewer to operate in tandem with the existing one, to be
installed using microtunnelling. Alex is responsible for FPL’s design of traffic control, restoration
signing and striping, temporary and restoration traffic signal, and street lighting plans for both
County and City review and approval. Alex represented the City at multiple public outreach
events and at multiple meetings with County commissioners to address concerns about traffic
impacts during construction; ultimately, the County agreed to issue a coastal permit to the City.
METRO I-405 Sepulveda Pass Improvements, Los Angeles | FPL PROJECT MANAGER; Alex
was responsible for FPL’s transportation engineering design for this $1-billion-plus design-
build project that closed the 10-mile long HOV lane gap on northbound I-405 between I-10
and US-101 and improved supporting infrastructure. Alex has managed the design of
permanent traffic signals for approximately 20 intersections (plus approximately 80
temporary traffic signals), all signing and striping and all temporary street lighting along
impacted local City of Los Angeles and County of Los Angeles streets, and all 10 miles of
highway lighting and sign illumination, overhead signs, ramp metering, and ITS along I-405.
Alex has played an instrumental role in the coordination of a variety of review and approval
agencies that share joint jurisdiction over the project; these agencies include LADOT, BSL,
Caltrans District 7, and the County of Los Angeles.
SCRRA “On-Call” Los Angeles County Grade Crossing Safety Improvement Program, Covina
and Baldwin Park │ FPL PROJECT MANAGER; Alex was responsible for the design of traffic
signals for grade crossing improvements on Citrus Avenue in Covina and grade crossing
improvements on Ramona Boulevard in Baldwin Park.
295
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
FONG-PING LEE, P.E., T.E.
Principal-in-Charge/ Traffic Studies/ SYNCHRO
YEARS OF EXPERIENCE
34 Total Years
29 with FPL and
Associates
EDUCATION
Doctor of Philosophy,
1983,
Civil (Transportation)
Engineering,
University of Texas,
Austin
Master of Science,
1976,
Transportation
Planning,
National Taiwan
University
Bachelor of Science,
1974,
Civil Engineering,
National Taiwan
University
REGISTRATIONS
Professional Engineer
Civil, 40869 CA
Professional Engineer
Traffic, 1705 CA
LECTURER
University of California,
Irvine
CE125 “Computer-
Aided Geometric
Design,” 1984-1992
CE128 “Traffic
Engineering,” 1988
California State
University, Long Beach
“Highway Engineering”,
1984-1985
SUMMARY
Under former City of Irvine staffer and FPL President Fong-Ping’s leadership, FPL has become
a go-to transportation and civil engineering firm for both infrastructure and development
projects throughout Southern California, including L.A. LIVE and
REPRESENTATIVE PROJECT EXPERIENCE
City of Los Angeles “On-Call” Bridge Improvement Program, Los Angeles | FPL PRINCIPAL-IN-
CHARGE / PROJECT MANAGER; at FPL, Fong-Ping has had ultimate responsibility for various
transportation engineering design services (traffic signal, signing and striping, street lighting,
and worksite traffic control) for the following task orders:
-Tampa Avenue bridge widening over Los Angeles River
-Riverside Drive viaduct replacement over Los Angeles River
-1st Street viaduct widening over Los Angeles River
-Glendale-Hyperion Viaduct Complex Improvements
-La Tijera Boulevard bridge widening over I-405
-Soto Street bridge widening over Valley Boulevard
-State Street bridge widening over SCRRA/UPRR and Busway
-Overland Avenue bridge widening over I-10
-Vanowen Street bridge over Los Angeles River emergency repairs
-1P
st
P Street over Glendale Boulevard improvements
City of Huntington Beach “On-Call” Traffic Studies | TRAFFIC STUDIES LEAD; Fong-Ping has
prepared a feasibility study for capacity enhancement at the intersection of PCH and Warner
Avenue, as well as a citywide traffic signal Left Turn Phasing Study for 47 existing signalized
intersections. For the feasibility study for capacity enhancement at PCH and Warner Avenue,
Fong-Ping was responsible for the identification and analysis of a variety of alternatives to
increase capacity at the inter-section, which is bordered by protected wetlands / dunes and
commercial properties.
OCTA I-5 HOV Lane Access Conversion PSR/PR, Orange County │ PLANNING
LEAD/PRINCIPAL-IN-CHARGE; the project converts approximately 10 miles of HOV lanes along
I-5 between SR-57 and Beach Boulevard from limited access to continuous access. FPL is
responsible for both the combined PSR/PR and PS&E. For the PSR/PR, Fong-Ping oversaw the
preparation of a variety of documents, including traffic studies (including accident analyses).
As Principal-in-Charge, due to his background in transportation planning, Fong-Ping was able
to step in when the previous Planning Lead accepted a position with the owner agency.
Fong-Ping’s leadership and experi-ence provided a smooth transition for ensuring the
successful delivery of the PSR/PR.
County of Los Angeles Fullerton Road Improvements Traffic and Circulation Technical
Memoranda, Rowland Heights | FPL PROJECT MANAGER; Fong-Ping is responsible for the
traffic study for the environmental documentation for widening Fullerton Road. The traffic study
takes into special consideration pedestrian, bicyclist, transit, and parking needs.
LAUSD “On-Call” SRHS #9 Traffic and Pedestrian Safety Mitigation Report, South Gate | FPL
PROJECT MANAGER; Fong-Ping led FPL’s examination of existing conditions (including a visit
to the site to observe driver, pedestrian, and bicyclist behaviors during drop-off and pick-up
times; and to interview an enforcement officer), identification of potential issues (parking,
traffic congestion, jaywalking, safety, lighting needs, striping conflicts, and non-standard
signage), and recommendation of mitigation strategies.
296
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
DICK IVY, P.E., T.E.
Quality Manager
YEARS OF EXPERIENCE
46 Total Years
6 with FPL and
Associates
EDUCATION
Master of Science,
1974,
Transportation
Engineering,
San Jose State
University
Bachelor of Science,
1964,
Civil Engineering,
University of California,
Berkeley
REGISTRATIONS
Professional Engineer
Civil, 21570 CA
Professional Engineer
Traffic, 219 CA
SUMMARY
Dick has extensive quality management experience, including for “on-call” projects such as the
City of Irvine’s “on-call” Warner Avenue/Jamboree Road Northbound On-Ramp Intersection
Improvements project and the County of Los Angeles’s “on-call” Grand Avenue Traffic Signal
Synchronization in West Covina and Glendora.
REPRESENTATIVE PROJECT EXPERIENCE
POLB “On-Call” 2013 Port-Wide Slurry Seal Program, Long Beach | FPL ENGINEER-OF-RECORD;
Dick is responsible for FPL’s preparation of worksite traffic control plans (ranging from partial
closure to full closure with detour routes) for the annual slurry seal program that improved
approximately 20 different locations at the Port.
City of Los Angeles “On-Call” 1st Street Bridge Improvements over Glendale Boulevard | FPL
TRANSPORTATION ENGINEER; Dick helped oversee the preparation of signing and striping and
worksite traffic control plans for LADOT review and approval.
Additional “On-Call” Transportation Engineering Experience, CA │ Dick’s additional “on-call”
transportation engineering experience includes Caltrans District 6 “On-Call” Services,
Metropolitan Bakersfield Corridor Major Investment Study, “On-Call” Transportation
Engineering Services for the Cities of Monterey and Watsonville, and Transportation
Engineering Support for the City of Sunnyvale.
OCTA OC Streetcar, Santa Ana and Garden Grove | FPL QUALITY MANAGER; Dick has been
responsible for quality assurance (QA) for this 4.15-mile-long multi-modal project that is
proposed to run along Santa Ana Boulevard, 4th Street, and the Pacific Electric right-of-way to
Harbor Boulevard. FPL is responsible for all traffic engineering design, including signing and
striping, traffic signal, street lighting, and maintenance of traffic design.
OCTA West County Connectors │ QUALITY ASSURANCE (Parsons); Dick provided QA for traffic
signals and lighting, ramp metering, communication system, lighting and sign illumination,
pavement delineation, and signing. This $160 million project, which recently completed
construction, is part of Orange County’s high occupancy vehicle (HOV) network. Within a 2.5-
mile segment along I-405 and SR-22, improvements consist of three bridges; realignment of I-
405 and SR-22 and several ramps; and modification of traffic signals, ramp meters, lighting, and
intelligent transportation systems (ITS) elements.
METRO Foothill Gold Line Extension from Pasadena to Azusa │ FPL PROJECT MANAGER; Dick
was responsible for FPL’s transportation engineering design for this $500 million design-build
project. FPL’s scope included traffic signals, signing and striping, and street lighting design for
both the main line and maintenance and operations (M&O) facility.
Overall Transportation Engineering Design Experience │ Dick has over 40 years of experience
in transportation engineering, of which traffic design has constituted a significant portion of his
experience and workload. In addition to preparing signal construction plans, specifications and
cost estimates, experience includes coordinated signal system design; recommendation and
design of intersection improvements to complement signal installations; signing and striping
modifications; and public project representation. The magnitude of projects has ranged from
single, isolated intersections to several multi-phase, interconnected intersections; types of
operations have ranged from simple two-phase, fixed-time operation to the utilization of multi-
phase, fully-actuated controllers and microprocessors, and ramp meter signals. Dick has been
personally involved in the design of over 1,000 traffic signals.
297
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
HENRY TRINH, M.S.
Design Engineer - Signals/ Interconnect/ Intelligent Transportation Systems (ITS)
YEARS OF EXPERIENCE
19 Total Years
15 with FPL and
Associates
EDUCATION
Master of Science, 2004,
Electrical Engineering,
California State
University,
Long Beach
Bachelor of Science,
1997,
Electrical Engineering,
California State
University,
Long Beach
SUMMARY
Henry specializes in traffic electrical design, including traffic signals and ramp metering, street
and highway lighting, and intelligent transportation system (ITS) design for municipal and state
projects. Henry’s expertise has led him to be involved in some of the largest and most
complex projects throughout the region, including multiple $1-billion-plus design-build
projects. Henry has designed hundreds of traffic signals alone throughout Southern California,
including roughly 200 traffic signals reviewed and approved by LADOT alone.
REPRESENTATIVE PROJECT EXPERIENCE
Caltrans District 12 “On-Call” Program, Orange County | SENIOR DESIGN ENGINEER; Henry
has prepared the traffic electrical design for the following task orders:
-EA 0M520: ADA Safety Project on SR-39 between Atlanta Avenue and Cypress Street
-EA 0M910: ADA Safety Project on SR-90 between Beach Boulevard and Rose Drive
City of Los Angeles “On-Call” Project Experience │ SENIOR DESIGN ENGINEER; Henry has
performed traffic electrical design, including traffic signals and street lighting, for multiple
task orders under the City of Los Angeles Bridge Improvement Program:
-Riverside Drive viaduct replacement over Los Angeles River
-1st Street viaduct widening over Los Angeles River
-La Tijera Boulevard bridge widening over I-405
-Soto Street bridge widening over Valley Boulevard
-State Street bridge widening over SCRRA/UPRR and Busway
-Overland Avenue bridge widening over I-10
City of Santa Ana “On-Call” Transportation Engineering Program │ TRANSPORTATION
ENGINEER; Henry was responsible for field verification and traffic signal design for
intersections including McFadden Avenue & Hathaway Street, Main Street & Main Place,
Bristol Street & Central Avenue, Bristol Street & MacArthur Boulevard, and Main Street &
MacArthur Boulevard.
OCTA OC Streetcar, Santa Ana and Garden Grove | SENIOR DESIGN ENGINEER; Henry has
taken the lead on traffic signal and interconnect design for this 4.15-mile-long multi-modal
project that is proposed to run along Santa Ana Boulevard, 4th Street, and the Pacific Electric
right-of-way to Harbor Boulevard.
METRO I-405 Sepulveda Pass Widening, Los Angeles | SENIOR DESIGN ENGINEER; for this
$1-billion-plus, design-build project, Henry was involved in the design of restoration and
temporary traffic signals (reviewed and approved by LADOT, the County of Los Angeles, and
Caltrans) and temporary street lighting (reviewed and approved by BSL). Henry was also
involved in the design of mainline freeway ITS and highway lighting. In particular, Henry was
responsible for the design of approximately 100 restoration and temporary traffic signal
plans, including Automated Traffic Surveillance and Control System (ATSAC) modifications
(interconnect plans). Henry played a hands-on role in the joint jurisdictional approval of
each traffic signal and interconnect plan.
L.A. LIVE, Downtown Los Angeles | SENIOR DESIGN ENGINEER; Henry designed permanent
and temporary traffic signal plans for the development’s street improvement packages (6
intersections total), as well as signal interconnect rerouting for the closure of 11th Street.
Traffic signal plans for 2 intersections included directional electronic signage.
298
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
MIKE HONDA
Design Engineer – Signing and Striping/ Traffic Control
YEARS OF EXPERIENCE
35 Total Years
5 with FPL and
Associates
EDUCATION
Bachelor of Arts, 1974,
Graphics
Communication,
University of Illinois,
Chicago
SUMMARY
Mike is much sought after by clients for his extensive transportation engineering design
experience, especially with respect to projects with maintenance of traffic (MOT) needs.
Prior to joining FPL, Mike worked at RBF for 17 years.
REPRESENTATIVE PROJECT EXPERIENCE
OCTA OC Streetcar, Santa Ana and Garden Grove | DESIGN ENGINEER; Mike was key in
the production of traffic control plans for this 4.15-mile-long multi-modal project that is
proposed to run along Santa Ana Boulevard, 4th Street, and the Pacific Electric right-of-way
to Harbor Boulevard. In addition, he designed the striping for the bike facilities on Santa
Ana Boulevard while factoring in the multi-modal uses of the roadway and was involved in
resolving overhead catenary system pole conflicts.
City of Irvine “On-Call” Warner Avenue / Paseo Westpark Traffic Signal Modifications |
DESIGN ENGINEER; this “on-call” project traffic signal modification to include protected left
turn phasing. Mike was responsible for the signal design.
City of Irvine “On-Call” Warner Avenue / Jamboree Road NB On-Ramp New Traffic Signal |
DESIGN ENGINEER; this “on-call” project involved the installation of a new traffic signal and
ADA ramp improvements. Mike was responsible for the signal design.
County of Los Angeles “On-Call” Grand Avenue Traffic Signal Synchronization, West Covina
and Glendora │ DESIGN ENGINEER; Mike prepared transportation engineering design for this
“on-call” project that encompassed approximately 10 intersections along Grand Avenue.
POLB “On-Call” 2013 Port-Wide Slurry Seal Program, Long Beach | DESIGN ENGINEER; Mike
was responsible for the design of 15%, 50%, 100%, and final traffic control plans for the 2013
slurry seal program that included roughly 20 locations selected for improvement. Mike
prepared detour routes, ranging from partial to full closures, along with truck turn analyses. A
variety of departments at POLB were involved with the program, including the project
management, real estate, civil engineering, and traffic engineering groups – all of which
attended presentations given by the pavement rehabilitation designer and FPL.
RCTC SR-91 Express Lanes Extension Design-Build, Corona | DESIGN ENGINEER; Mike was
responsible for maintenance of traffic design for this $664 million design-build project which
adds freeway lanes, extends the Express Lanes in Orange County into Riverside County,
expands freeway-to-freeway connectors, and provides better freeway access at congested
locations. The Express Lanes are now open to traffic.
OCTA I-5 HOV Lane Access Conversion, Santa Ana, Orange, Anaheim, Buena Park, Fullerton
| DESIGN ENGINEER; FPL was responsible for the design to convert approximately 10 miles of
HOV lanes from limited to continuous access. Mike’s responsibilities included preparation of
pavement delineation (striping) and detour plans.
OCTA I-5 Gateway | DESIGN ENGINEER; Mike was responsible for traffic signals, stage
construction and traffic handling, pavement delineation, roadside and overhead signs, ramp
meters, traffic monitoring stations, and roadway lighting systems plans. The project involved
the complete reconstruction of the mainline from north of Orangethorpe Avenue to north of
Beach Boulevard and included numerous bridges, freeway ramps, city streets, and 25’
retaining walls. Mike worked with the contractor on design issues as they occurred out in the
field.
299
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
HUY TRINH, M.S.
Design Engineer – Street Lighting
YEARS OF EXPERIENCE
12 Total Years
9 with FPL and
Associates
EDUCATION
Master of Science,
2012, Electrical
Engineering, California
State University, Long
Beach
Bachelor of Science,
2005, Electrical
Engineering, California
State Polytechnic
University, Pomona
SUMMARY
Huy has extensive experience working on traffic electrical engineering design (street
lighting, traffic signals, highway communication systems, highway lighting, ramp metering).
Huy began his career at FPL by participating in the design of over 90 Transit Priority System
(TPS) traffic signals along Pico and Olympic Boulevards in Los Angeles. Huy went on to
obtain his Master degree in Electrical Engineering while working full-time to help deliver
three (3) projects delivered under the design-build method. Huy has led FPL’s field work
efforts on numerous projects.
REPRESENTATIVE PROJECT EXPERIENCE
City of Orange Two (2) Traffic Signal Modifications on Tustin Street | DESIGN
ENGINEER; Huy is responsible for the production of the traffic signal modification plans
allowing for right turn lane improvements at the intersections of Tustin Street at Katella
Avenue and Tustin Street at Chapman Avenue.
City of Los Angeles “On-Call” Soto Street Bridge Widening over Valley Boulevard | DESIGN
ENGINEER; Huy was responsible for designing three stages of temporary lighting and the
permanent lighting system for BSL review and approval.
METRO Gold Line Foothill Extension from Pasadena to Azusa | DESIGN ENGINEER; for this
$500 million design-build project, Huy was responsible for traffic signal and street lighting
design. As a part of the street lighting design, Huy provided lighting analysis and voltage
drop calculations.
POLA John S. Gibson Boulevard / I-110 Interchange Improvements | DESIGN ENGINEER;
Huy has been responsible for local street lighting design, as well as for mainline highway
lighting, ITS, ramp metering, and sign illumination design for this joint jurisdiction City of
Los Angeles and Caltrans project.
EXPO Venice Boulevard Underpass, Los Angeles | DESIGN ENGINEER; the Exposition
light rail (EXPO) will eventually connect Downtown Los Angeles to Santa Monica. Huy
was responsible for designing a new LED lighting system for City of Los Angeles Bureau
of Street Lighting (BSL) approval and coordinating with the City of Los Angeles
Department of Water and Power (LADWP) to provide service.
K-12 Education Projects Requiring Street Lighting Plans | DESIGN ENGINEER; Huy designed
street lighting modifications for two charter schools: the Camino Nuevo High School and
the Accelerated Charter Elementary School (ACES). Plans were reviewed and approved by
BSL.
Oceanwide Plaza and Circa, Downtown Los Angeles | DESIGN ENGINEER; Huy led field
work efforts for the two adjacent private developments that are located along Figueroa
Street (FPL is responsible for all transportation engineering design for the projects). He
is responsible for preparing “B” permit street lighting plans for BSL review and approval.
METRO I-405 Sepulveda Pass Improvements, Los Angeles | DESIGN ENGINEER; for this
$1-billion-plus design-build project,Huy designed numerous stages of temporary street
lighting for review and approval by BSL, in addition to traffic signal and highway
communication system plans for review and approval by Caltrans.
300
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
ALAN LEE, P.E., QSD/QSP
Civil Engineer – ADA Compliance
1
YEAR OF EXPERIENCE
40 Total Years
8 with FPL and
Associates
EDUCATION
Bachelor of Science,
1975,
Civil Engineering,
California State
University,
Los Angeles
REGISTRATIONS
Professional Engineer
Civil, 34971 CA
QSD/QSP
SUMMARY
Alan joined FPL in 2009 after 32 years at the City of Los Angeles Bureau of Engineering, working
on a variety of civil engineering projects, including projects involving street, storm drain, sewer,
and utility improvements.
REPRESENTATIVE PROJECT EXPERIENCE
City of Los Angeles “On-Call” Riverside Drive Viaduct Replacement over Los Angeles River|
CIVIL ENGINEER; the project replaced the existing, substandard bridge with a new alignment
and also replaced the existing signalized intersection at San Fernando Road with the City’s first
roundabout. FPL’s scope included civil and transportation engineering design (totaling
approximately 100 sheets), for which Alan was responsible for street improvement, wet utility,
retaining wall, and site development design amongst other responsibilities, including
coordinating intensely with other disciplines and various approval agencies. Alan’s leadership
was key in expediting the delivery of final PS&E for this project, which was at risk of losing its
funding. Alan led his team of designers in revising plans that had been prepared by another
consultant team and expedited plan delivery in 3 months, even after the bridge design was
altered. Under Alan’s leadership, in spite of various physical constraints in the project area,
FPL’s civil engineering design smoothly and safely connects the roadway from the bridge to the
roundabout, while meeting all stringent design requirements, including ADA requirements.
LAUSD “On-Call” South Region High School (SRHS) #9 Off-Site Work, South Gate | CIVIL
ENGINEER; for this project for which FPL serves as prime consultant, Alan is responsible for the
street widening of Tweedy Boulevard from the entrance of SRHS #9 to Adela Avenue, street
improvements for the new Legacy Place perimeter road (including horizontal and vertical street
alignment setting, pavement thickness design, water main, sewer, signing and striping, and
street lighting design), temporary staging demolition, erosion control, grading, drainage, and
paving for adjacent sites where future LAUSD facilities will be located, in addition to a SWPPP, a
preliminary WQMP for future sites, construction cost estimates, and specifications.
Los Angeles Trade Technical College (LATTC) Grand Avenue / Blue Line Station Enhancements,
Los Angeles │ CIVIL ENGINEER; for this design-build project, FPL is responsible for all on-site and
off-site civil engineering, including transportation engineering. Amongst other benefits, the
project will enhance the transit user experience for visitors to the campus. Alan is responsible
for all civil engineering design for this project. For example, Alan has been responsible for the
design of pavement improvements for a segment of Grand Avenue that has old railroad tracks
embedded underground within existing pavement. Plans have been prepared for review and
approval by BOE.
METRO Burbank Bob Hope Airport Metrolink Station, Burbank and Los Angeles │ CIVIL
ENGINEER; the project proposes to locate a new passenger rail station at the border of the
Cities of Burbank and Los Angeles to serve passengers traveling on the Antelope Valley Line to
and from Burbank Bob Hope Airport. Agencies having jurisdiction include METRO, the City of
Los Angeles, the City of Burbank, SCRRA, and Burbank Bob Hope Airport. Alan is responsible for
the civil engineering (street improvements) design.
City of Los Angeles, Department of Public Works:
-Land Development Group (7/07 – 7/09, Civil Engineer)
-Stormwater Group (7/05 – 7/07, Engineering Associate IV)
-Constituent Service & Permit Program (1/95 – 7/05, Engineering Associate III)
-Wastewater Collection Systems (11/91 – 1/95, Engineering Associate I)
-Central District (11/77 – 11/91, Engineering Assistant)
301
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
ALEX EAPEN, P.E., ENV SP
Transportation Engineer – E-76 Support
YEARS OF EXPERIENCE
12 Total Years
2 with FPL and
Associates
EDUCATION
Master of Science,
2003,
Civil Engineering,
The Ohio State
University
B. Tech, 1998,
Civil Engineering,
College of Engineering,
Trivandrum, India
REGISTRATIONS
Professional Engineer
Civil, 80592 CA
SUMMARY
Alex is a versatile transportation engineer with experience in the following disciplines:
traffic electrical, traffic handling, construction staging, drainage, roadway/highway
design, and structural design; as well as transportation planning. “On-call” experience
includes projects with the City of Huntington Beach, Caltrans District 12, Los Angeles
World Airports (LAWA), and the Port of Long Beach (POLB).
REPRESENTATIVE PROJECT EXPERIENCE
City of Huntington Beach “On-Call” Transportation Engineering, Huntington Beach | FPL
TRANSPORTATION ENGINEER; Alex has been responsible for the preparation of E-76
documents for two “on-call” assignments from the City: i) traffic signal modifications at
Main Street / 17th Street / Utica Avenue and new traffic signal at Bolsa Chica Street / Pearce
Drive and ii) traffic signal modifications at Gothard Street / Slater Avenue and installation of
interconnect.
LAWA “On-Call” Sepulveda Boulevard and Imperial Highway Intersection Improvements,
Los Angeles | FPL TRANSPORTATION ENGINEER; Alex has assisted with the traffic signal
design for this project at Los Angeles International Airport (LAX); his responsibilities have
included preparing vertical sight distance calculations.
POLB “On-Call” Edison Avenue and Lugger Way Pavement Rehabilitation, Long Beach
| FPL DEPUTY PROJECT MANAGER; Alex has supervised the preparation of worksite
traffic control plans and drafted the cost estimate for this project.
OCTA I-5 Improvements Between SR-55 and I-405 PA-ED, Orange County | FPL PROJECT
MANAGER; Alex was responsible for preparation of the Transportation Management
Plan (TMP) and construction staging / traffic handling concepts for the Project Approval-
Environmental Document (PA-ED).
OCTA I-5 HOV Lane Access Conversion, Orange County | FPL DEPUTY PROJECT
MANAGER; Alex has been responsible for overseeing the RTL process for this project
that converts approximately 10 miles of HOV lanes on I-5 from limited to continuous
access, including TMP certification.
OCTA OC Streetcar, Santa Ana and Garden Grove | FPL DEPUTY PROJECT MANAGER;
FPL is responsible for all transportation engineering design for this project, including
traffic signal, signing and striping, street lighting, and maintenance of traffic design.
SANDAG Mid-Coast Corridor Transit, San Diego | FPL PROJECT MANAGER; the $1-billion-
plus project will extend trolley service from Downtown San Diego to La Jolla and is being
delivered under the construction management / general contractor (CM/GC) method. FPL
is a subconsultant to the CM/GC and is responsible for preparing worksite traffic control
plans on Genesee Avenue.
METRO I-405 Sepulveda Pass Widening Design-Build, Los Angeles | DESIGN ENGINEER;
Alex worked as the Construction Staging and Maintenance of Traffic (CS/MOT) Segment
Lead for Segment 2 of the $1-billion-plus, 10-mile-long, three-segment project. He was
also the design lead for “Carmegeddon I,” when a section of I-405 was closed for a
weekend. As the project progressed, Alex took on the role of CS/MOT Project Lead and
also served as the project coordinator with the City of Los Angeles Department of
Transportation (LADOT).
302
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
KEVIN DEAL (NDS)
Traffic Data Collection
EXPERIENCE
11 Total Years
EDUCATION
Bachelor of Science,
Production &
Engineering,
Berklee College of
Music, MA
OFFICE LOCATION
NDS
8370 Wilshire
Boulevard
Suite 205
Beverly Hills, CA 90211
Phone: (323) 782-0090
SUMMARY
Kevin has amassed a great deal of experience in every aspect of the data collection
industry. His expertise includes field operations, administrative operations, program
development, research and development, and companywide quality control. He has
successfully managed over 2,500 projects from inception to completion, which have
included customized study development, as well as customized deliverables.
REPRESENTATIVE PROJECT EXPERIENCE
Recent Projects for FPL and Associates, Inc.
METRO Southern California Regional Interconnector Project (SCRIP), Downtown
Los Angeles
USC Signalization Feasibility Study of Soto Street north of Valley Boulevard, Los
Angeles
County of Los Angeles Fullerton Road Corridor Improvements Project, Rowland
Heights
City of Rialto Riverside Avenue Bridge over UPRR, Rialto
Orange County Transportation Authority (OCTA)
200 (3-Day) turning movement counts biannually
12,000 miles of travel time runs biannually
Coachella / The Mobility Group
Over 80 intersection camera installations for 4 consecutive festival related
weekends
Occupancy counts for 3 consecutive festival weekends with over 90,000 in
attendance per weekend
33 (28-day) ADT's
500 (8-hour) turning movement counts throughout Downtown Los Angeles
City of San Diego
Approximately 1500 ADT’s conducted annually
Kern Council of Governments (COG)
Approximately 1000 ADT’s conducted annually
City of Los Angeles
25 (6-hour, 2-day) turning movement counts annually (typically 2-3 people per
location)
40+ Speed & Classification ADT’s annually
303
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
BRYAN JONES, P.E., AICP (ALTA)
Bike Facility Support
EXPERIENCE
18 Total Years
EDUCATION
Master of Public
Administration, 2012
Norwich University
Bachelor of Science,
Civil Engineering, 1999,
University of California
at Davis
REGISTRATIONS
Professional Engineer
TR2229 CA
American Institute of
Certified Planners
#024177
League of American
Bicyclist, League Cycling
Instructor #3483
SUMMARY
Bryan is a results-oriented transportation planner and professional engineer who seeks to
achieve bold and comprehensive community visions backed up by strategic and pragmatic
implementation. In his leadership positions for the cities of Carlsbad, Fremont, and Fresno,
he delivered numerous pedestrian, bicycle, traffic calming, road diet, and complete and
livable streets projects to help move and connect people and businesses so communities
can thrive. With over 18 years of experience, including 10 years in local municipal
government, he understands firsthand the unique challenges experienced by communities
in implementing projects and is able to capitalize on his experience to facilitate great
projects for great places.
REPRESENTATIVE PROJECT EXPERIENCE
OCTA OC Streetcar, Santa Ana and Garden Grove | ALTA PRINCIPAL ENGINEER; as part of a
streetcar project to connect the cities of Santa Ana and Garden Grove, Bryan is providing
active transportation concept and design review expertise at 30%, 60%, and 90% plans for
the interface between streetcar users and the streetcar tracks. Bryan is focusing on track
alignment with stations, bike lanes, crosswalks, sidewalk, crossing of tracks, and station
design. These reviews and recommendations are based on best practices for active
transportation to enhance safety, access, mobility, and connectivity for all ages and
abilities.
City of Fullerton Priority Bike Connection Plan, Fullerton | ALTA PRINCIPAL-IN-CHARGE;
Bryan is working with the City of Fullerton to develop a plan to address challenging bicycle
and pedestrian gaps at two priority locations in the city. Both project areas are located in
high-use corridors and are considered ideal locations for bicycle and pedestrian
connections to destination points. Bryan and his staff are leading outreach, corridor
conceptual design, and project development planning.
City of Santa Monica Complete Streets Network, Santa Monica | ALTA PRINCIPAL-IN-
CHARGE; Bryan is working with the City of Santa Monica on a complete streets project that
will better connect bikes and pedestrians to the newly expanded Metro Exposition line and
address gaps in the city’s existing bicycle network.
SANDAG Pershing Separated Bikeway – North Park to Downtown Connector, San Diego |
ALTA PRINCIPAL-IN-CHARGE; Bryan helped lead a planning study and developed 30% civil
engineering plans for a 2.6-mile separated bikeway along Pershing Drive through historic
Balboa Park. This project is part of the $200 million Regional Bikeway Early Action Program
for the San Diego Association of Governments (SANDAG). The bikeway design will provide a
crucial commuter connection between the North Park neighborhood and Downtown San
Diego. As Project Manager, Alta led community engagement, concept alternative
development, preferred concept adoption, visual renderings, engineering plan set,
preliminary environmental review, and agency coordination. Alta is currently a sub-
consultant on the team preparing final construction documents for the Pershing Bikeway.
Highway 101 Bicycle and Pedestrian Overcrossing, Palo Alto | ALTA PROJECT ENGINEER;
Alta conducted a feasibility study for a year-round pedestrian and bicycle grade-separated
crossing in Palo Alto to provide connectivity from residential and commercial areas in south
Palo Alto to the Palo Alto Baylands Nature Preserve, East Bayshore and San Antonio
businesses, and the regional Bay Trail. Alta is now leading the implementation phase. As
project engineer, Bryan is managing Alta staff in the preliminary design of the pathway.
304
FPL and Associates, Inc.
Statement of Qualifications for On-Call Transportation Engineering Services
Appendix B
Forms 10-O1, 10-O2, and 10-Q
305
306
307
308
309
310
Local Assistance Procedures Manual
Note: Mark-ups are Not Allowed
EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #2) Poge 1 of2
SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
EXHIBIT 10-H
Sample Cost Proposal
Consultant or Subconsultant --------~F~P~L~•=nd~A=s=so=c=i=at=e~s,~l=n=c~. ________ Contract No. ___ O=n=--'C=a=II,_ __ Date January 11. 201 B
Fringe Benefit 0.00%
(= 0% iflncluded in OH)
+ Overhead I 51.50%
(= 0% iflncluded in OH)
BILLING INFORMATION
+
Name/Job Title/Classification 1 Hourly Billing Rates 2
Straight OT( 1.5x) OT(2x)
Alex Zupanski, P.E., T.E. I Project Mgr. $ 201.96
Fong-Ping Lee, P.E., T.E. I PIC $ 201.96
Dick Ivy, P.E., T.E., Quality Mgr. $ 187.21
Henry Trinh, M.S., Sr. Design Engineer $ 178.67
Mike Honda, Design Engineer $ 129.26
Huy Trinh, M.S., Design Engineer $ 118.41
General Administration 0.00% 151.50~ Combined Indirect Cost Rate (ICR)
FEE= I O.OOo/o
CALCULA TJON INFORM A TJON
Effective date of hourly rate Actual or Avg. 0/o or$ Hourly range -
From To hourly rate 3 increase for classifications
only
0.00%
711/17 6/30/17 $ 73.00 0.00%
0.00%
0.00%
7/1/17 6/30/17 $ 73.00 0.00%
0.00%
0.00%
7/1/17 6/30/17 $ 67.67 0.00%
0.00%
0.00%
7/1/17 6/30/17 $ 64.58 0.00%
0.00%
0.00%
7/1/17 6/30/17 $ 46.72 0.00%
0.00%
7/1/17 6/30/17 0.00%
$ 42.80 0.00%
l. Names and classifications of consultant (key staff) tean1 members must be listed. Provide separate sheets for pri1ne and all subconsultant firms.
2. Billing rate= actual hourly rate * (I+ !CR) * (I+ Fee). Agreed upon billing rates are not adjustable for the term of contract.
3. For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
NOTES:
Denote all employees subject to prevailing wage with an asterisks(*)
For "Other Direct Cost" listing, see page 2 of this Exhibit
LPP 15-01
Page 3 of5
January 14, 2015
311
Local Assistance Procedures Manual
Note: Mark-ups are Not Allowed
EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #2) Page 1 of2
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
EXHIBIT 10-H
Sample Cost Proposal
Consultant or Subconsultant FPL and Associates, Inc. Contract No. On-Call Date 111112018 ~~~~~~~~~~~~~~""'"-'-'~'--~~~~~~~ ~~~~~~~~ ~~~~~~~
Fringe Benefit 0.00%
(= 0% iflncluded in OH)
+ Overhead 151.50%
(= 0% iflncluded in OH)
BILLING INFORMATION
+
Name/Job Title/Classification 1 Hourly Billing Rates 2
Straight OT( l.5x) OT(2x)
Alan Lee, P.E., QSD/QSP, Civil Engineer $ 167.65
Alex Eapen, P.E., ENV SP, Transportation Eng. $ 154.93
Asst. Design Engineer $ 88.53
General Administration O.OOo/o 151.Silj Combined Indirect Cost Rate (!CR)
FEE = 10.00%
CALCULATION INFORMATION
Effective date of hourly rate Actual or Avg. 0/o or $ Hourly range -
From To hourly rate 3 increase for classifications
only
0.00%
7/1/17 6/30/18 $ 60.60 0.00%
0.00%
0.00%
7/1/17 6/30/18 $ 56.00 0.00%
0.00%
0.00%
7/1/17 6/30/18 $ 32.00 0.00% $32.00 -$32.00
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
I. Nan1es and class1ficat1ons of consultant (key staff) tean1 rnen1bers must be listed. Provide separate sheets for pri1ne and all subconsultant finns.
2. Billing rate= actual hourly rate* (I+ ICR) * (I+ Fee). Agreed upon billing rates are not adjustable for the term of contract.
3. For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
NOTES:
Denote all employees subject to prevailing wage with an asterisks(*)
For "Other Direct Cost" listing, see page 2 of this Exhibit
LPP 15-01
Page 3 of 5
January 14, 2015
312
Local Assistance Procedures Manual
EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #2) Page 2 of2
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant FPL and Associates, Inc. Contract No. On-Call
EXHIBIT 10-H
Sample Cost Proposal
Date January 11. 2018 --------------------------------
SCHEDULE OF OTHER DIRECT COST ITEMS
PRIME CONSULT ANT SUBCONSUL TANT #I SUBCONSUL TANT #2
DESCRIPTION OF UNIT UNIT TOTAL DESCRIPTION OF UNIT UNIT TOTAL DESCRIPTION OF UNIT UNIT TOTAL
ITEMS COST ITEMS COST ITEMS COST
Mileage I $ 0.55 $ 0.55 $ 0.00 $ 0.00
Reprographics (at cost) I $ 0.00 $ 0.00 $ 0.00
Deliveries/Pick-Ups (at c) $ 0.00 $ 0.00 $ 0.00
$ 0.00 $ 0.00 $ 0.00
$ 0.00 $ 0.00 $ 0.00
$ 0.00 $ 0.00 $ 0.00
$ 0.00 $ 0.00 $ 0.00
$ 0.00 $ 0.00 $ 0.00
$ 0.00 $ 0.00 $ 0.00
$ 0.00 $ 0.00 $ 0.00
PRIME TOTAL ODCs = $ 0.55 SUBCONSULTANT#I ODCs= $ 0.00 SUBCONSULTANT#20DCs= $ 0.00
IMPORTANT NOTES:
I. List direct cost iten1s with estin1ated costs. These costs should be co1npetitive in their respective industries and supported \Vith appropriate docuinentations.
2. Proposed items should be consistently billed directly to all clients (Commercial entities. Federal Govt.. State Govt.. and Local Govt. Agency), and not just when the client will pay
for then1 as a direct cost.
3. Items when incurred for the same purpose, in like circu1nstance. should not be included in any indirect cost pool or in the overhead rate.
4. Iten1s such as special tooling, will be rei1nbursed at actual cost with supporting docmnentation (invoice).
5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency.
7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for con1pany vehicles. In addition, the 1niles clain1ed should be
supported by n1ileage logs.
8. !fa consultant proposes rental costs for a vehicle. the co1npany must de1nonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles
that could be used for the san1e purpose.
LPP 15-01
Page 4 ofS
January 14, 2015
313
Local Assistance Procedures ManualEXHIBIT 9-DDBE Contract Goal MethodologyItem No.Approx. Quant.Meas. UnitItem Description Unit Price TotalLikely to be Performed by Sub-contractor (Y=Yes)?Trucking or Supply of Material Involved (Y=Yes)?Work Category Code (enter a code if corresponding cell in either Column G or H is "Y") Number of Available DBEsDBE Work Factor (input a percentage only if the number of available DBEs > 9)DBE Work Dollar AmountComment1 1 LS Traffic Engineering $ 60,000.00 $ 60,000.00 N N$0.002 1 LS Traffic Plans and Specifications $ 150,000.00 $ 150,000.00 N N$0.003 1 LS Cost Estimates $ 10,000.00 $ 10,000.00 N N$0.004 1 LS Technical Studies $ 40,000.00 $ 40,000.00 N N$0.005 1 LS Survey$ 10,000.00 $ 10,000.00 YNC876028100%$10,000.0061 LS Construction Engineering Support$ 30,000.00 $ 30,000.00 NN$0.00TOTAL $300,000.00TOTAL DBE WORK AMOUNT$10,000.00Work CodeDBE Goal2%C8760Page 2 of 2December 30, 2014DBE Contract Goal Land SurveyorCategoryCity of Huntington Beach Various Improvement ProjectsTraffic Engineering Consultant314
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
Page 1 of 2
July 23, 2015
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE:
7. Description of Work, Service, or Materials
Supplied
8. DBE
Certification
Number
9. DBE Contact Information 10. DBE %
Local Agency to Complete this Section
11. TOTAL CLAIMED DBE PARTICIPATION % 17. Local Agency Contract Number:
18. Federal-Aid Project Number:
19. Proposed Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
20. Local Agency Representative's Signature 21. Date
12. Preparer's Signature 13. Date
22. Local Agency Representative's Name 23. Phone
14. Preparer's Name 15. Phone
24. Local Agency Representative's Title 16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
315
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
Page 2 of 2
July 23, 2015
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc.).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own
forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the
exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the
participation of DBE firms.
8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified
on the date bids are opened.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime
consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is
less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit
15-H DBE Information - Good Faith Efforts of the LAPM).
12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm
must sign their name.
13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment
form.
15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
19. Proposed Contract Execution Date - Enter the proposed contract execution date.
20. Local Agency Representative’s Signature - The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Consultant Section of this form is
complete and accurate.
21. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
22. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
23. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying
the consultant’s DBE commitment form.
316
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
Page 1 of 2
July 23, 2015
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
$ 20. Local Agency Contract
Number:
21. Federal-Aid Project Number:
% 22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
23. Local Agency Representative's Signature 24. Date
15. Preparer's Signature 16. Date
25. Local Agency Representative's Name 26. Phone
17. Preparer's Name 18. Phone
27. Local Agency Representative's Title 19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
317
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
Page 2 of 2
July 23, 2015
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic
Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all
Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if
the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on
the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column.
%: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract
Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith
Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must
sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Consultant Section of this form is complete and
accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
consultant’s DBE commitment form.
318
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 1
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract
a. bid/offer/application
a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services
(If individual, last name, first name, MI) (including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission
a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
319
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 2
LPP 13-01 May 8, 2013
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or
an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a
covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted
report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the
tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of
the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for
Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to
influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name,
First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity
(Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is
a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind
payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal
officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that
were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing
instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-
LLL-Instructions Rev. 06-04
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EXHIBIT 10-R A &E SAMPLE CONTRACT LANGUAGE
(For Local Assistance Federal-aid Projects)
NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT
CONTRACTS BEFORE EXECUTION. THIS CONTRACT LANGUAGE IS ONLY SUGGESTED LANGUAGE. MODIFY AS
RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.
TABLE OF CONTENTS
A&E SAMPLE CONTRACT LANGUAGE
Article Subject Page
Article I Introduction ................................................................................................................................ 2
Article II Statement of Work ..................................................................................................................... 2
Article III Consultant's Reports or Meetings .............................................................................................. 4
Mandatory Fiscal and Federal provisions (Verbatim):
Article IV Performance Period .................................................................................................................... 4
Article V Allowable Costs and Payments .................................................................................................. 4
Article VI Termination ................................................................................................................................ 8
Article VII Cost Principles and Administrative Requirements .................................................................... 8
Article VIII Retention of Records/Audit ....................................................................................................... 9
Article IX Audit Review Procedures .......................................................................................................... 9
Article X Subcontracting ......................................................................................................................... 10
Article XI Equipment Purchase ................................................................................................................ 11
Article XII State Prevailing Wage Rates .................................................................................................... 11
Article XIII Conflict of Interest ................................................................................................................... 12
Article XIV Rebates, Kickbacks or other Unlawful Consideration ............................................................. 12
Article XV Prohibition of Expending Local Agency State or Federal Funds for Lobbying ...................... 12
Article XVI Statement of Compliance ......................................................................................................... 13
Article XVII Debarment and Suspension Certification ................................................................................. 14
Miscellaneous provisions:
Article XVIII Funding Requirements ............................................................................................................. 14
Article XIX Change in Terms ...................................................................................................................... 14
Article XX Disadvantaged Business Enterprises (DBE) Participation ....................................................... 15
Article XXI Contingent Fee ......................................................................................................................... 16
Article XXII Disputes ................................................................................................................................... 16
Article XXIII Inspection of Work .................................................................................................................. 16
Article XXIV Safety ....................................................................................................................................... 17
Article XXV Insurance .................................................................................................................................. 17
Article XXVI Ownership of Data ................................................................................................................... 18
Article XXVII Claims Filed by LOCAL AGENCY’S Construction Contractor ............................................. 18
Article XXVIII Confidentiality of Data ............................................................................................................ 19
Article XXIX National Labor Relations Board Certification ......................................................................... 19
Article XXX Evaluation of Consultant ......................................................................................................... 19
Article XXXI Retention of Funds ................................................................................................................... 19
Article XXXII Notification .............................................................................................................................. 21
Article XXXIII Contract .................................................................................................................................... 21
Article XXXIV Signatures................................................................................................................................. 21
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ARTICLE I INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following
named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
________________________
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME)
The name of the “LOCAL AGENCY” is as follows:
____________________________
The Contract Administrator for LOCAL AGENCY will be (NAME)
B. The work to be performed under this contract is described in Article II entitled Statement of Work and the
approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is
attached hereto (Attachment I) and incorporated by reference. If there is any conflict between the approved
Cost Proposal and this contract, this contract shall take precedence.
C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and
employees from any and all claims, demands, costs, or liability arising from or connected with the services
provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will
reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL
AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions
of CONSULTANT.
D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall
act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY.
E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either
in whole or in part.
F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the
parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the
parties hereto.
G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of
CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
ARTICLE II STATEMENT OF WORK
(INSERT APPROPRIATE STATEMENT OF WORK INCLUDING A DESCRIPTION OF THE DELIVERABLES )
A. Consultant Services
Detail based on the services to be furnished should be provided by CONSULTANT. Nature and
extent should be verified in the negotiations to make precise statements to eliminate subsequent
uncertainties and misunderstandings. Reference to the appropriate standards for design or other
standards for work performance stipulated in consultant contract should be included. Describe
acceptance criteria, and if the responsible consultant/engineer shall sign all Plans, Specifications and
Estimate (PS&E) and engineering data furnished under the contract including registration number.
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Environmental documents are not considered complete until a Caltrans District Senior Environmental
Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No
Significant Impact, or the Caltrans District Director signs the Record of Decision [see Chapter 6,
“Environmental Procedures” in the LAPM, and the Standard Environmental Reference].
B. Right of Way
State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land
surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way
plots are to be furnished.
C. Surveys
State whether or not the CONSULTANT has the responsibility for performing preliminary or construction
surveys.
D. Subsurface Investigations
State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If
borings or other specialized services are to be made by others under the supervision of CONSULTANT,
appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be
found in the Standard Environmental Reference.
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY or another agency, or government
that are to be made available to CONSULTANT are referred to in the contract. Any other assistance or
services to be furnished to CONSULTANT are to be stated clearly.
F. Conferences, Visits to Site, Inspection of Work
The contract provides for conferences as needed, visits to the site, and inspection of the work by
representatives of the state, or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the
initial meeting shall be included in the fee.
G. Checking Shop Drawings
For contracts requiring the preparation of construction drawings, make provision for checking shop drawings.
Payment for checking shop drawings by CONSULTANT may be included in the contract fee, or provision
may be made for separate payment.
H. Consultant Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing,
construction surveys. etc., are specified in the contract together with the method of payment for such services.
I. Documentation and Schedules
Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the
satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of
progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the
contract objectives.
J. Deliverables and Number of Copies
The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans,
specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies.
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ARTICLE III CONSULTANT’S REPORTS OR MEETINGS
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A & B below for standard contracts)
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently
detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is
on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or
special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed,
to discuss progress on the contract.
(Option 2 - Use paragraphs A & B below for on-call contracts)
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order.
These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL
AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to
expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any
difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project
Coordinator, as needed, to discuss progress on the project(s).
ARTICLE IV PERFORMANCE PERIOD (Verbatim)
(A time must be set for beginning and ending the work under the contract. The time allowed for performing the
work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into
the contract. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared
by CONSULTANT, they should be identified and incorporated into the contract.
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A & B below for standard and on-call contracts)
A. This contract shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and
CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract
Administrator. The contract shall end on (DATE), unless extended by contract amendment.
B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY
until the contract is fully executed and approved by LOCAL AGENCY.
(Option 2 - Use paragraph C below in addition to paragraphs A & B above for on-call contracts)
C. The period of performance for each specific project shall be in accordance with the Task Order for that
project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the
contract shall be extended by contract amendment.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim)
(Choose either Option 1, 2, 3, or 4)
(Option 1 - Use paragraphs A through J below for Actual Cost-Plus-Fixed Fee contracts. Use Exhibit 10-H,
Example #1 for Cost Proposal Format)
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A. The method of payment for this contract will be based on actual cost plus a fixed fee. LOCAL AGENCY will
reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental
costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work.
CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee
benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved
CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by contract amendment.
In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL
AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY
determines that a change to the work from that specified in the Cost Proposal and contract is required, the
contract time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to
accommodate the changed work. The maximum total cost as specified in Paragraph “H” shall not be
exceeded, unless authorized by contract amendment.
B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of
$(AMOUNT). The fixed fee is nonadjustable for the term of the contract, except in the event of a significant
change in the scope of work and such adjustment is made by contract amendment.
C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved
Cost Proposal.
D. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior
written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such
cost estimate.
E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs.
A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If
CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the
Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in
accordance with the provisions of Article VI Termination.
F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this
contract.
G. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL
AGENCY’s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later
than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall
detail the work performed on each milestone and each project as applicable. Invoices shall follow the format
stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final
invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased
under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be
submitted within 60 calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to
LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).
I. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved
Cost Proposal and is approved by LOCAL AGENCY’s Contract Administrator.
For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases,
which are the direct result of changes in the prevailing wage rates are reimbursable.
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(Option 2 - For Cost per Unit of Work contracts, replace paragraphs A & B of Option 1 with the following
paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your
project. Use Exhibit 10-H, Example #3 for Cost Proposal Format)
A. The method of payment for the following items shall be at the rate specified for each item, as described in this
Article. The specified rate shall include full compensation to CONSULTANT for the item as described,
including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be
allowed therefore.
B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $(Amount)
per approved Cost Proposal. This rate shall be for a fully equipped vehicle, with radio and flashing yellow
light (if needed), as specified in Article II of this contract.
The specified rate to be paid for equipment shall be, as listed in Attachment (Insert Attachment Number).
C. The method of payment for this contract, except those items to be paid for on a specified rate basis, will be
based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs
(including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs)
incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual
costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other
estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by
contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that
exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event,
LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and
contract is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by contract
amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” shall
not be exceeded unless authorized by contract amendment.
(Option 3 - Use paragraphs A through P for Specific Rates of Compensation contracts [such as on-call
contracts]. Use Exhibit 10-H, Example #2 for Cost Proposal Format)
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in CONSULTANTs Cost
Proposal (Attachment Number). The specified hourly rates shall include direct salary costs, employee
benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this
Contract.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that
are in the cost proposal and identified in the cost proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this contract is identified by LOCAL AGENCY, LOCAL AGENCY
will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services,
expected results, project deliverables, period of performance, project schedule and will designate a LOCAL
AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review.
CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate,
including a written estimate of the number of hours and hourly rates per staff person, any anticipated
reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on
the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and
CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both
of which must be based on the labor and other rates set forth in CONSULTANT’s Cost Proposal.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved
Cost Proposal.
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G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior
written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such
estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual
costs incurred.
I. CONSULTANT shall not commence performance of work or services until this contract has been approved
by LOCAL AGENCY, and notification to proceed has been issued by LOCAL AGENCY’S Contract
Administrator. No payment will be made prior to approval or for any work performed prior to approval of
this contract.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized
representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not
commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL
AGENCY’S Contract Administrator of itemized invoices in triplicate. Separate invoices itemizing all costs
are required for all work performed under each Task Order. Invoices shall be submitted no later than 45
calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the
Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable.
Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract
number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment
purchased under the provisions of Article XI Equipment Purchase of this contract, must be reimbursed by
CONSULTANT prior to the expiration or termination of this contract. Invoices shall be mailed to LOCAL
AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No
Task Order will be written which extends beyond the expiration date of this Contract.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount
agreed to in the Task Order, unless authorized by contract amendment.
N. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task
Order, no payment will be made until the deliverable has been satisfactorily completed.
O. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this
Agreement.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this contract shall not
exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that
this dollar amount will be authorized under this contract through Task Orders.
(Option 4 - Use paragraphs A through E below for lump sum contracts. Use Exhibit 10-H, Example #1 for Cost
Proposal Format)
A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to
CONSULTANT will include compensation for all work and deliverables, including travel and equipment
described in Article II Statement of Work of this contract. No additional compensation will be paid to
CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance
of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will
be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum
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compensation will not be effective until authorized by contract amendment and approved by LOCAL
AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by
CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule
set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this
Contract in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this contract has been approved
by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract
Administrator. No payment will be made prior to approval of any work, or for any work performed prior to
approval of this contract.
D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL
AGENCY’S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later
than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall
detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format
stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must
contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the
provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within
60-calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL
AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).
ARTICLE VI TERMINATION (Verbatim)
A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice
to CONSULTANT with the reasons for termination stated in the notice.
B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform
the covenants herein contained at the time and in the manner herein provided. In the event of such
termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL
AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall
pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost
of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage
shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid
to CONSULTANT upon demand.
C. The maximum amount for which the LOCAL AGENCY shall be liable if this contract is terminated is _____
dollars.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS (Verbatim)
A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of
individual items.
B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
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C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to
be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1,
Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY.
ARTICLE VIII RETENTION OF RECORDS/AUDIT (Verbatim)
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California
Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the
performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL
AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and
other evidence pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract. All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final payment under the contract.
The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal
Government shall have access to any books, records, and documents of CONSULTANT and it’s certified public
accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit,
examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim)
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not
disposed of by agreement, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by
LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be
submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT
from full and timely performance, in accordance with the terms of this contract.
(The following AUDIT CLAUSE must be inserted into all contracts of $150,000 or greater)
D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or
reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit
work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work
papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and
regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to
ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including
making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and
approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations.
CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into
the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by
CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local
governments have access to CPA work papers, will be considered a breach of contract terms and cause for
termination of the contract and disallowance of prior reimbursed costs.
(The following AUDIT CLAUSE must be inserted into all contracts of $3,500,000 or greater).
E. CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans’ Audit and
Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR
documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL
AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the
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management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to
incorporate the Work Paper Review recommendations included in the management letter or audit
recommendations included in the audit report will be considered a breach of the contract terms and cause for
termination of the contract and disallowance of prior reimbursed costs.
1. During a Caltrans’ review of the ICR audit work papers created by the CONSULTANT’s independent
CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of issues that arise
during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely
manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant
approval letter, LOCAL AGENCY will reimburse the CONSULTANT at a provisional ICR until a FAR
compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost
Accounting Standards), if applicable; in accordance with procedures and guidelines of the American
Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures
and guidelines}is received and approved by A&I. Provisional rates will be as follows:
a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the
proposed rate.
b. If the proposed rate is between 150% and 200% - the provisional rate will be 85% of the proposed
rate.
c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate.
2. If Caltrans is unable to issue a cognizant letter per paragraph E.1. above, Caltrans may require
CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3)
months of the effective date of the management letter. Caltrans will then have up to six (6) months to
review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this Section E, or if Caltrans is still unable to
issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead
cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the
ICR and set forth in paragraph E.1. above for all rendered services. In this event, this provisional ICR will
become the actual and final ICR for reimbursement purposes under this contract.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items
have occurred: (1) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2)
all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3)
Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL
INVOICETO local agency no later than 60 days after occurrence of the last of these items.
The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and
the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING (Verbatim)
A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL
AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities
and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the
acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them
as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s
obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY’S obligation to
make payments to the CONSULTANT.
B. CONSULTANT shall perform the work contemplated with resources available within its own organization
and no portion of the work pertinent to this contract shall be subcontracted without written authorization by
LOCAL AGENCY’s Contract Administrator, except that, which is expressly identified in the approved Cost
Proposal.
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C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment
made to CONSULTANT by LOCAL AGENCY.
D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this
contract to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY’s Contract
Administrator prior to the start of work by the subconsultant(s).
ARTICLE XI EQUIPMENT PURCHASE (Verbatim)
A. Prior authorization in writing, by LOCAL AGENCY’s Contract Administrator shall be required before
CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies,
equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or
desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in CONSULTANT’s Cost Proposal and
exceeding $5,000 prior authorization by LOCAL AGENCY’s Contract Administrator; three competitive
quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following: “CONSULTANT shall
maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful
life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs
replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the
conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment
and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best
price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and
credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the
equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent
independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable
to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and
conditions of such sale must be approved in advance by LOCAL AGENCY.” 49 CFR, Part 18 requires a
credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited
to the project.
ARTICLE XII STATE PREVAILING WAGE RATES (Verbatim)
(Choose either Option 1 or Option 2)
(Option 1 - For contracts where a portion of the proposed work to be performed are crafts affected by state labor
laws, use paragraphs A and B)
A. CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate requirements in
accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances
applicable to the work.
B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works
construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall
contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance
program by the Director of Industrial Relations.
C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence
costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as
outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
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(Option 2 - Use only paragraph A below when all of the proposed work in the contract is performed by crafts not
affected by state labor laws or are not contemplated for use)
A. The State of California’s General Prevailing Wage Rates are not applicable to this contract.
Note: The Federal “Payment of Predetermined Minimum Wage” applies only to federal-aid construction
contracts.
ARTICLE XIII CONFLICT OF INTEREST (Verbatim)
A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may
have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project.
CONSULTANT shall also list current clients who may have a financial interest in the outcome of this
contract, or any ensuing LOCAL AGENCY construction project, which will follow.
B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business
interest that would conflict with the performance of services under this contract.
(Choose either Option 1 or Option 2 if appropriate)
(Option 1 - Use paragraphs C & D below with paragraphs A & B above for PS&E contracts only)
C. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT
will bid on any construction contract, or on any contract to provide construction inspection for any
construction project resulting from this contract. An affiliated firm is one, which is subject to the control of
the same persons through joint-ownership, or otherwise.
D. Except for subconsultants whose services are limited to providing surveying or materials testing information,
no subconsultant who has provided design services in connection with this contract shall be eligible to bid on
any construction contract, or on any contract to provide construction inspection for any construction project
resulting from this contract.
(Option 2 - Use paragraphs C, D & E below with paragraphs A & B above for Construction Contract
Administration contracts only)
C. CONSULTANT hereby certifies that neither CONSULTANT, its employees, nor any firm affiliated with
CONSULTANT providing services on this project prepared the Plans, Specifications, and Estimate for any
construction project included within this contract. An affiliated firm is one, which is subject to the control of
the same persons through joint- ownership, or otherwise.
D. CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT,
will bid on any construction subcontracts included within the construction contract. Additionally,
CONSULTANT certifies that no person working under this contract is also employed by the construction
contractor for any project included within this contract.
E. Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing
service on this contract shall have provided services on the design of any project included within this contract.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim)
CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other
unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of
this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability;
to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise
recover the full amount of such rebate, kickback or other unlawful consideration.
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ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS
FOR LOBBYING (Verbatim)
(Include this article in all contracts where federal funding will exceed $150,000. If less than $150,000 in federal
funds will be expended on the contract; delete this article and re-number the notification article which follows.)
A. CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of
CONSULTANT to any person for influencing or attempting to influence an officer or employee of
any state or federal agency; a Member of the State Legislature or United States Congress; an officer
or employee of the Legislature or Congress; or any employee of a Member of the Legislature or
Congress, in connection with the awarding of any state or federal contract; the making of any state or
federal grant; the making of any state or federal loan; the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any state or federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency; a Member of
Congress; an officer or employee of Congress, or an employee of a Member of Congress; in
connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance
with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this
certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients
shall certify and disclose accordingly.
ARTICLE XVI STATEMENT OF COMPLIANCE
A. CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury
under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the
nondiscrimination program requirements of Government Code Section 12990 and Title 2, California
Administrative Code, Section 8103.
B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and
subconsultants shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Consultant and subconsultants shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the
5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et
seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full.
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Consultant and its subconsultants shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
(For contracts with Federal funding, add paragraphs C & D)
C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted
programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation
of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will
implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on
the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied
the benefits of or subject to discrimination under any program or activity by the recipients of federal
assistance or their assignees and successors in interest.
D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with
Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin,
religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of
materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices
when the Agreement covers a program whose goal is employment.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of perjury under the
laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, “OMB
Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies
that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager,
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any
federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been
indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any
matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this
certification must be disclosed to LOCAL AGENCY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in
determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating
agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services
Administration are to be determined by the Federal highway Administration.
ARTICLE XVIII FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract may have been written before ascertaining the
availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid
program and fiscal delays that would occur if the contract were executed after that determination was made.
B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for
the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations,
conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board
that may affect the provisions, terms, or funding of this contract in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any
reduction in funds.
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D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to
Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds.
ARTICLE XIX CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and
notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in
the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL
AGENCY’s Contract Administrator.
ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. This contract is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in
Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on
this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
B. The goal for DBE participation for this contract is_________%. Participation by DBE consultant or
subconsultants shall be in accordance with information contained in the Consultant Proposal DBE
Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached
hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform,
CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal
is not otherwise met.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the
performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant
shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.
CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration
of US DOT-assisted agreements. Failure by CONSULTANT to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL
AGENCY deems appropriate.
D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.
E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the
reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination,
CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).
F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of
the contract and is carrying out its responsibilities by actually performing, managing, and supervising the
work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies
used on the contract, for negotiating price, determining quality and quantity, ordering the material, and
installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a
CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be
paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.
G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or
project through which funds are passed in order to obtain the appearance of DBE participation. In
determining whether a DBE is such an extra participant, examine similar transactions, particularly those in
which DBEs do not participate.
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H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its
contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than
would be expected on the basis of normal industry practice for the type of work involved, it will be presumed
that it is not performing a CUF.
I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into
with certified DBEs. The records shall show the name and business address of each DBE or vendor and the
total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of
payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work.
J. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form
entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants”
CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT’s
authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure
to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of
the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be
returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business
Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.
K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify
CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE
during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of
certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within 30 days.
ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or
retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling
agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this
warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the
work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise
recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXII DISPUTES
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A through C below for all contracts without PS&E submittal)
A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of
by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and
(Insert Department Head or Official), who may consider written or verbal information submitted by
CONSULTANT.
B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review
by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for
review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from
full and timely performance in accordance with the terms of this contract.
(Option 2 - Replace Paragraph B, above, with the following for contracts requiring the submission of PS&E)
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B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and
estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims
or disputes, other than audit. The request for review will be submitted in writing.
ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal
participating funds are used in this contract; to review and inspect the project activities and files at all reasonable
times during the performance period of this contract including review and inspection on a daily basis.
ARTICLE XXIV SAFETY
(Use on all contracts regardless of funding source)
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary
safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL
AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall
wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined
that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall
comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the
protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
(Add to all contracts, which may require trenching of five feet or deeper)
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as
outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work,
method, operation, or process related to the construction or excavation of trenches which are five feet or
deeper.
ARTICLE XXV INSURANCE
(Choose either Option 1 or Option 2)
(Option 1 - for Contracts with a scope of services that may require the consultant or subconsultant to work
within the operating state or Local Agency Highway Right of Way; where there would be exposure to public
traffic or construction operations)
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a
Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for
CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per
occurrence.
B. The Certificate of Insurance will provide:
1. That the insurer will not cancel the insured’s coverage without 30 days prior written notice to LOCAL
AGENCY.
2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional
insureds, but only insofar as the operations under this contract are concerned.
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3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all
times during the term of this contract. In the event said insurance coverage expires at any time or times
during the term of this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said
expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for
not less than either the remainder of the term of the contract, or for a period of not less than one (1) year.
New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event
CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY
may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
(Option 2 - For Contracts with a scope of services that will not require the Consultant or subconsultant to work
within the operating State or LOCAL AGENCY Highway Right of Way where there would be exposure to public
traffic or construction Consultant operations)
CONSULTANT is not required to show evidence of general comprehensive liability insurance.
ARTICLE XXVI OWNERSHIP OF DATA
A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans,
specifications, and estimates produce as part of this contract will automatically be vested in LOCAL
AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY.
CONSULTANT shall furnish LOCAL AGENCY all necessary copies of data needed to complete the review
and approval process.
B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or
machine-readable form, are intended for one-time use in the construction of the project for which this contract
has been entered into.
C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by
CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or losses
arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other
projects for additions to this project, or for the completion of this project by others, except only such use as
many be authorized in writing by CONSULTANT.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as
appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are
permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and
irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for
government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR
A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by
CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is
required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel
available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and
for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against
construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.
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Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for
CONSULTANT’s personnel services under this contract.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor
claims will be performed pursuant to a written contract amendment, if necessary, extending the termination
date of this contract in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s
operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT
in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and
disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to
the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same
on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL
AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel
involved in the performance of this contract, at public hearings or in response to questions from a Legislative
committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by
LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
(For PS&E contracts add paragraph F, below, to paragraphs A through E, above)
F. All information related to the construction estimate is confidential, and shall not be disclosed by
CONSULTANT to any entity other than LOCAL AGENCY.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury
that no more than one final unappealable finding of contempt of court by a federal court has been issued against
CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to
comply with an order of a federal court that orders CONSULTANT to comply with an order of the National
Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to
CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the
contract record.
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ARTICLE XXXI RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.
(Local agency to include either B, C, or D below; delete the other two)
B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by
the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant
from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant
or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business and Professions Code. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event
of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant
performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime
consultants and subconsultants.
C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage
held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly
paid in full to subconsultants within 30 days after the subconsultant’s work is satisfactorily completed.
Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take
place only for good cause and with the Agency’s prior written approval. Any violation of this provision shall
subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified
in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or
impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or
subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant,
deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both
DBE and non-DBE prime consultant and subconsultants.
D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental
acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime
consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies
withheld in retention from a subconsultant within thirty (30) days after receiving payment for work
satisfactorily completed and accepted including incremental acceptances of portions of the contract work by
the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30)
days may take place only for good cause and with the agency’s prior written approval. Any violation of this
provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other
remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be
construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the
prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the
prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision
applies to both DBE and non-DBE prime consultant and subconsultants.
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ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this contract and changes
thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage
prepaid, and addressed as follows:
CONSULTANT:
, Project Manager
LOCAL AGENCY:
, Contract Administrator
ARTICLE XXXIII CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL
AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in
duplicate between the two parties. Both of these parties for and in consideration of the payments to be made,
conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms
and conditions of this contract as evidenced by the signatures below.
ARTICLE XXXIV SIGNATURES
(Name of CONSULTANT) (Name of LOCAL AGENCY)
(Signature) (Signature)
(Name of Signer) (Name of Signer)
Date:
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342
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Transportation & Engineering
SERVICE DESCRIPTION: Engineering support for City’s annual Capital Improvement
Program projects.
VENDOR: Albert Grover & Associates
OVERALL RANKING: 1 out of 11
SUBJECT MATTER EXPERTS/RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: Avg. of 90
Albert Grover & Associates – Minimum Qualifications Review
Criteria
Total Weighted
Score
Maximum
Score
Understanding of the Work
to be Done 22.7 25
Experience with Similar
Kinds of Work 18.3 20
Staffing 13.7 15
Capability of Developing
Innovative or Advanced
Techniques 7.3 10
Familiarity with State and
Federal Procedures 8.7 10
Financial Responsibility 10 10
Demonstrated Technical
Ability 9.3 10
Total 90 100
II. DUE DILIGENCE REVIEW
• Clients such as City of Fullerton, Fountain Valley, Costa Mesa, and Westminster, to
name a few
Albert Grover & Associates – Summary of Review
• Albert Grover & Associates has extensive experience and
appropriate staffing in city’s needed services
Albert Grover & Associates – Pricing
• Low end from $78/Hr for Engineering Aide
• High end from $250/Hr for Vice President
343
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Transportation & Engineering
SERVICE DESCRIPTION: Engineering support for City’s annual Capital Improvement
Program projects.
VENDOR: ADVANTEC Consulting Engineers
OVERALL RANKING: 2 out of 11
SUBJECT MATTER EXPERTS/RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: Avg. of 87.3
ADVENTEC Consulting Engineers – Minimum Qualifications
Review
Criteria
Total Weighted
Score
Maximum
Score
Understanding of the Work
to be Done 22 25
Experience with Similar
Kinds of Work 18 20
Staffing 12.3 15
Capability of Developing
Innovative or Advanced
Techniques 7.3 10
Familiarity with State and
Federal Procedures 8.7 10
Financial Responsibility 10 10
Demonstrated Technical
Ability 9 10
Total 87.3 100
II. DUE DILIGENCE REVIEW
• Clients such as cities of Irvine, Anaheim, Newport Beach, and Seal Beach (to name a few)
ADVANTEC Consulting Engineers – Summary of Review
• ADVANTEC demonstrated clear understanding of Huntington
Beach city needs
ADVANTEC Consulting Engineers – Pricing
• Low end from $28.85/Hr for Support Staff
• High end to $260/Hr for Project Director III
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PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Transportation & Engineering
SERVICE DESCRIPTION: Engineering support for City’s annual Capital Improvement
Program projects.
VENDOR: FPL & Associates
OVERALL RANKING: 3 out of 11
SUBJECT MATTER EXPERTS/RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: Avg. of 85
FPL & Associates – Minimum Qualifications Review
Criteria
Total Weighted
Score
Maximum
Score
Understanding of the Work
to be Done 21.7 25
Experience with Similar
Kinds of Work 18.3 20
Staffing 12 15
Capability of Developing
Innovative or Advanced
Techniques 6 10
Familiarity with State and
Federal Procedures 8.3 10
Financial Responsibility 10 10
Demonstrated Technical
Ability 8.7 10
Total 85 100
II. DUE DILIGENCE REVIEW
• Clients such as the Cities of Huntington Beach, Irvine, Orange, and Los Angeles (to name a few)
FPL & Associates – Summary of Review
• FPL & Associates demonstrates high financial responsibility
and has well-experienced staff for city needs.
FPL & Associates – Pricing
• Low end from $26.05/Hr for Technician
• High end to $268.77/Hr for Principal
345
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Transportation & Engineering
SERVICE DESCRIPTION: Engineering support for City’s annual Capital Improvement
Program projects.
VENDOR: Vendor #4
OVERALL RANKING: 4 out of 11
SUBJECT MATTER EXPERTS/RATERS:
1. Principal Civil Engineer 2. Contract Administrator 3. Senior Traffic Engineer
I. MINIMUM QUALIFICATIONS REVIEW
• Written Proposal Score: Avg. of 79.3
Vendor #4 – Minimum Qualifications Review
Criteria
Total Weighted
Score
Maximum
Score
Understanding of the Work
to be Done 19.3 25
Experience with Similar
Kinds of Work 16 20
Staffing 11.3 15
Capability of Developing
Innovative or Advanced
Techniques 5.3 10
Familiarity with State and
Federal Procedures 9 10
Financial Responsibility 10 10
Demonstrated Technical
Ability 8.3 10
Total 79.3 100
II. DUE DILIGENCE REVIEW
• Clients such as the City of Newport Beach, City of Mission Viejo, and City of
Anaheim, to name a few.
VENDOR #4 – Summary of Review
• Vendor #4 had good understanding of project needs and staff
has relevant experience of work to be done
VENDOR #4 – Pricing
• Low end from $83.24/Hr
• High end to $375.25/Hr
346
City of Huntington Beach
File #:18-363 MEETING DATE:10/1/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts
for As Needed Building Plan Review Services with CSG Consultants, Inc., in the amount of
$550,000; and, West Coast Code Consultants, Inc., in the amount of $200,000; and, approve an
increase in the Community Development Department’s Professional Services listing Authority
by $500,000
Statement of Issue:
Transmitted for City Council’s consideration is a request to enter into a Professional Services
Contract with CSG Consultants, Inc. and West Coast Code Consultants, Inc. to provide plan review
services.
Financial Impact:
Both contracts are for a three (3) year term. The contract with CSG Consultants, Inc. is for $550,000
and the contract with West Coast Code Consultants, Inc. is for $200,000 for a total of $750,000 over
three years. Year one will commence during FY18/19 and $250,000 is budgeted and available as
part of the FY18/19 Community Development approved budget in business unit 10060501. Year two
will commence during FY19/20 and $230,000 will be funded from FY19/20 Community Development
proposed budget and projected salary savings of $20,000. Year three will commence during FY20/21
and $250,000 will be funded from the FY20/21 proposed budget and salary savings.
Recommended Action:
A) Approve the increase in the Community Development Department’s professional services listing
authority by $500,000 for plan check services to ensure compliance with Administrative Regulation
Number 228, Section 7.1; and,
B) Approve and authorize the Mayor and City Clerk to execute a three (3) Year “Professional
Services Contract between the City of Huntington Beach and CSG Consultants, Inc. for Building Plan
Review Services” in the amount of Five Hundred and Fifty Thousand Dollars ($550,000), as prepared
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File #:18-363 MEETING DATE:10/1/2018
and approved by the City Attorney; and,
C) Approve and authorize the Mayor and City Clerk to execute a three (3) Year “Professional
Services Contract between the City of Huntington Beach and West Coast Code Consultants, Inc. for
Building Plan Review Services” in the amount of Two Hundred Thousand Dollars ($200,000), as
prepared and approved by the City Attorney.
Alternative Action(s):
1. Deny the contracts and direct staff accordingly.
Analysis:
Applicants who desire to construct projects within the City must submit plans for review to ensure
compliance with the California State Building Code (the “CBO”). Applicants pay fees for this service
and expect reasonable turnaround times. The City currently only has one in-house plan checker who
is not a licensed engineer. This staffing level is not sufficient to respond to the amount of activity in a
timely manner. At one time, the City had three in-house plan checkers, one of which was a licensed
structural engineer. Development activity has been at historically high levels in recent years, but
economic forecasts seem to suggest that a slowdown may be eminent. Supplementing with
professional services provided by engineering consultants allows the City to be nimble in the event of
a decreased demand for services.
On September 8, 2015, the City approved a three (3) year, five hundred thousand dollars ($500,000)
professional services contract with CSG Consultants, Inc. for Building Plan Review Services.
Subsequently, that contract was amended one time to increase the limit of the contract by $340,000 ,
and has now expired. It is necessary to enter into a new agreement in order to provide building plan
check services.
Consultant Selection Process
Utilizing City procurement procedures, Staff solicited proposals for building plan check services.
Twelve (12) bid responses were received. Proposals were then evaluated and ranked by three (3)
staff members within the Community Development and Fire Departments. Of the 12 consultant
proposals received, staff plans to award agreements to two firms based on the experience and
qualifications of those firms.
CSG Consultants, Inc. has supplied building plan review services to the City over the last eight years,
is well respected in the industry, and has a proven track record of providing exceptional service for
the City. West Coast Code Consultants, Inc. will be a second source for Building Plan Review
Services as they are priced competitively and are respected in the industry. Staff recommends the
City Council approve and authorize the Mayor and City Clerk to execute: 1) a professional services
contract with CSG Consultants, Inc. in the amount of $550,000; and, 2) a professional services
contract with West Coast Code Consultants, Inc. in the amount of $200,000.
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File #:18-363 MEETING DATE:10/1/2018
Environmental Status:
The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc.
for Building Plan Review Services
2. Professional Services Contract between the City of Huntington Beach and West Coast Code
Consultants, Inc. for Building Plan Review Services
3. Professional Services Analysis Forms
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PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Plan Check
SERVICE DESCRIPTION: Review construction documents for compliance with the
California Building Code
VENDOR: CSG Consultants, Inc.
OVERALL RANKING: 1 out of 11
SUBJECT MATTER EXPERTS/RATERS:
(1. Inspection Supervisor 2. Inspection Supervisor 3. Fire Protection Analyst)
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 1198
CSG Consultants, Inc - Minimum Qualifications Review
Total Weighted
Score
Maximum
Score Criteria
Compliance with RFP
Requirements 130 150
Technical Approach-Understanding
of Project 240 300
Qualifications & experience of firm 325 375
Recent experience of firm - similar
scope 260 300
Cost/Price 180 300
References 60 25
Local Vendor Preference -
BONUS 3 5
Total 1198 1455
II. DUE DILIGENCE REVIEW
References: Clients such as City of Anaheim, La Habra, & Azusa
CSG Consultants, Inc - Summary of Review
CSG Consultants, Inc has extensive experience and appropriate
staffing in city's needed services
CSG Consultants, Inc -
Pricing
Low end from $95/hr for Plan Checker
High end from $125/hr for Plan Checker
393
2
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Plan Check
SERVICE DESCRIPTION: Review construction documents for compliance with the
California Building Code
VENDOR: West Coast Code Consultants (WC3)
OVERALL RANKING: 3 of 11
SUBJECT MATTER EXPERTS/RATERS:
(1. Inspection Supervisor 2. Inspection Supervisor 3. Fire Protection Analyst)
III. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 1092
WC3 - Minimum Qualifications Review
Total
Weighted
Score
Maximum
Score Criteria
Compliance with RFP Requirements 90 150
Technical Approach-Understanding of
Project 220 300
Qualifications & experience of firm 300 375
Recent experience of firm - similar scope 240 300
Cost/Price 180 300
References 60 25
Local Vendor Preference - BONUS 2 5
Total 1092 1455
IV. DUE DILIGENCE REVIEW
References: Clients such as County of San Diego, Sonoma, & Emeryville
WC3 - Summary of Review
West Coast Code Consultants has extensive experience and
appropriate staffing in city's needed services
WC3 - Pricing
Low end from $100/hr for Plan Checker
High end from $130/hr for Plan Checker
394
3
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Plan Check
SERVICE DESCRIPTION: Review construction documents for compliance with the
California Building Code
VENDOR #3
OVERALL RANKING: 2 of 11
SUBJECT MATTER EXPERTS/RATERS:
(1. Inspection Supervisor 2. Inspection Supervisor 3. Fire Protection Analyst)
V. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 1154
Vendor #3 - Minimum Qualifications Review
Total Weighted
Score
Maximum
Score Criteria
Compliance with RFP
Requirements 100 150
Technical Approach-Understanding
of Project 240 300
Qualifications & experience of firm 250 375
Recent experience of firm - similar
scope 260 300
Cost/Price 240 300
References 60 25
Local Vendor Preference -
BONUS 4 5
Total 1154 1455
VI. DUE DILIGENCE REVIEW
References: Clients such as City of Whittier, Fontana, & Ventura
Vendor #3 - Summary of Review
Vendor has some experience and staffing in city's needed services,
however references provided were recently acquired contracts.
Vendor did not fully demonstrate capacity to handle multiple
jurisdictions with the added volume of work from our city.
Vendor #3-Pricing
Low end from $90/hr for Plan Reviewer
High end from $120/hr for Plan Reviewer
395
City of Huntington Beach
File #:18-336 MEETING DATE:10/1/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approval and authorization of the implementation of three (3) Tenant Based Rental Assistance
(TBRA) Program Agreements between the City and Interval House, Mercy House, and Families
Forward; and, approve increased budget appropriation
Statement of Issue:
The City Council is asked to approve three (3), 21-month Agreements between the City and Interval
House, Mercy House and Families Forward for the implementation of the Tenant-Based Rental
Assistance (TBRA) Program. The agreements will serve extremely low, very low and low income
households. The total of three agreements will be funded by Federal HOME Investment Partnership
Funds and by the City’s Affordable Housing In-Lieu Fee Fund. In addition, an increase of $257,350 in
appropriations for Affordable Housing In-Lieu Funds is requested to expend prior years’ fund balance.
Financial Impact:
There are sufficient fund balances in the Affordable Housing In-Lieu Fee Fund (217) and grant
revenues totaling $535,978 in the HOME Investment Partnership Funds (1209, 1220 and 240) to
implement the first year commitment of the agreements. The second year of funding will be allocated
in the FY 2019/20 budget. The Projects require additional appropriation of $257,350 from the City’s
Affordable Housing In-Lieu Fee Fund (Fund 217).
Recommended Action:
A) Approve and authorize the City Manager and City Clerk to execute a two-year “HOME Recipient
Agreement Between the City of Huntington Beach and Interval House” for the implementation of a
Tenant-Based Rental Assistance (TBRA) program; and,
B) Approve and authorize the City Manager and City Clerk to execute a two-year “HOME Recipient
Agreement Between the City of Huntington Beach and Mercy House” for the implementation of a
Tenant-Based Rental Assistance (TBRA) program; and,
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File #:18-336 MEETING DATE:10/1/2018
C) Approve and authorize the City Manager and City Clerk to execute a two-year “HOME Recipient
Agreement Between the City of Huntington Beach and Families Forward” for the implementation of a
Tenant-Based Rental Assistance (TBRA) program; and,
D) Authorize the City Manager to sign all necessary documents to effectuate the Agreement with
Interval House, Mercy House and Families Forward, any future minor amendments to contracts,
and/or US Department of Housing and Urban Development (HUD) documents, as approved as to
form by the City Attorney; and,
E) Approve an increased budget appropriation for the Affordable Housing In-Lieu Fee Fund in the
amount of $257,350 (Fund 217).
Alternative Action(s):
Do not approve programs and direct staff as necessary.
Analysis:
Annually, the City is allocated HOME funds from the U.S. Department of Housing and Urban
Development (HUD). A TBRA program is eligible under HOME guidelines to allocate funds to provide
a rental subsidy to individual households to afford housing costs such as rental assistance, security
and utility deposits. TBRA sub-recipients listed below will work with the City’s Homeless Task Force
and Police Department targeting homeless veterans, seniors, at-risk families, and individuals with
demonstrable ties to the City of Huntington Beach. The goal is to meet their immediate needs and
create pathways which will allow them to quickly move into stable, self-sufficient, permanent housing.
Funding will be used to provide short-to-medium-term rental assistance to households that are
currently homeless or those who have exhausted other options and are at risk of becoming homeless
without such funding. In addition to rental assistance, the non-profits provide case
management/client services, household inspections and other services to assist the clients to
become self-sufficient. The number of clients served can increase, based upon services provided,
length of service and case management. On average, a client, including rental assistance, case
management and all related services costs averages approximately $700 to $970 a month. Each
client household pays a portion of the rent, which is increased towards full rental self-sufficiency.
Interval House
The City implemented its first Tenant Based Rental Assistance Program (TBRA) in 2015 with Interval
House. Interval House successfully housed 42 households (92 people) from October 2015 -
September 2017. On August 21, 2017, the City Council approved an amendment with Interval House
for a third year which was implemented October 1, 2017 - September 30, 2018. During their one-
year contract, Interval House housed an additional 14 households (20 people). Interval House has
successfully housed 56 households in the last 3 years. Interval House provided assistance to
referrals made by the Huntington Beach Homeless Task Force, including the City’s homeless,
veterans, seniors, and domestic violence victims.
The proposed 21-month agreement (October 1, 2018 - June 30, 2020) with Interval House will
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File #:18-336 MEETING DATE:10/1/2018
provide financial assistance to 22 eligible extremely low, very low and low income families and
households. Forty percent (40%) of referrals will be made from the Homeless Task Force,
Huntington Beach Police Department (HBPD), and Interval House. The amount of HOME funds to
be paid under the agreement total $374,156 and $74,000 from Affordable Housing In-Lieu Funds,
totaling $448,156.
Mercy House
In 2016, the City implemented a TBRA program with Mercy House from October 1, 2016 - September
30, 2018. To date, Mercy House has housed 32 households (82 people). Mercy House provided
housing to households referred primarily through the Homeless Task Force and HBPD.
The proposed 21-month agreement with Mercy House will provide assistance to 34 extremely low,
very low and low income households. Seventy-five percent (75%) of new clients will be referred by
the HBPD and the Homeless Task Force. Mercy House’s TBRA program will assist Huntington
Beach households who are homeless or at imminent risk of homelessness with preference given to
veterans and seniors. The amount of HOME funds to be paid under the agreement total $401,400
and $92,000 from Affordable Housing In-Lieu Funds, totaling $493,400.
Families Forward
The TBRA Agreement with Families Forward is a new partnership between the City and this non-
profit. The Families Forward 21-month TBRA agreement will provide assistance to 30 homeless and
nearly homeless households who plan to transition into permanent housing. The City requests that
fifty percent (50%) of the new clients be referred by HBPD and the Homeless Task Force.
Huntington Beach families that are homeless can be referred into the TBRA through the Orange
County Coordinated Entry System. The amount of HOME funds to be paid under the agreement is
$521,500 and $91,350 from Affordable Housing In-Lieu Funds, totaling $612,850.
All TBRA sub-recipients will work with the City’s Homeless Task Force and Police Department
targeting homeless veterans, seniors, and at-risk families and individuals with demonstrable ties to
the City of Huntington Beach. The goal is to meet their immediate needs and create pathways which
will allow them to quickly move into stable, self-sufficient, and permanent housing. Funding will be
used to provide short-to-medium-term rental assistance to households that are currently homeless or
those who have exhausted other options and would become homeless without funding.
Staff recommends approving and entering into the agreements with Interval House, Mercy House
and Families Forward as sub-recipients of HOME funds to implement the City’s TBRA program.
Overall, over the 21-month period, a total of 86 homeless or at-risk households will be served through
these agreements.
Environmental Status:
A level of Environmental Review was completed and the program is Categorically Excluded, Not
Subject to 58.5 per 24 CFR 58334(a) and 58.35(b) Tenant-Based Rental Assistance (U .S.
Department of Housing and Urban Development).
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File #:18-336 MEETING DATE:10/1/2018
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. HOME Recipient Agreement between the City of Huntington Beach and Interval House
(Tenant-Based Rental Assistance)
2. HOME Recipient Agreement between the City of Huntington Beach and Mercy House (Tenant-
Based Rental Assistance)
3. HOME Recipient Agreement between the City of Huntington Beach and Families Forward
(Tenant-Based Rental Assistance)
City of Huntington Beach Printed on 9/26/2018Page 4 of 4
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City of Huntington Beach
File #:18-368 MEETING DATE:10/1/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Michele Warren, Director of Human Resources
Subject:
Adopt Ordinance No. 4160 amending the Huntington Beach Municipal Code by amending
Section 2.76.010 thereof related to exclusions from Competitive Service by adding the
Classification of Deputy Director of Community Development
(Approved for introduction September 17, 2018 - Vote: 7-0)
Statement of Issue:
Ordinance No. 4160 was introduced to amend Section 2.76.010 of the Huntington Beach Municipal
Code to add the classification of Deputy Director of Community Development. Resolution No. 2018-
54 modified the Non-Associated Salary Schedule and established the compensation for the
classification of Deputy Director of Community Development.
Financial Impact:
Funding for the Deputy Director of Community Development is included in the FY 2018-19 budget.
Recommended Action:
Adopt Ordinance No. 4160, “An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Municipal Code by Amending Section 2.76.010 Thereof Related to Exclusions From the
Competitive Service” by adding the Deputy Director of Community Development.
Alternative Action(s):
Reject the Ordinance amendment to the Huntington Beach Municipal Code and direct staff
accordingly.
Attachment(s):
1. Ordinance No. 4160
2. Resolution 2018-54
City of Huntington Beach Printed on 9/26/2018Page 1 of 1
powered by Legistar™877
878
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REVIEWED AND APPROVED:
RESOLUTION NO. 2018-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
MODIFYING SALARY AND BENEFITS FOR NON-REPRESENTED EMPLOYEES BY
ADDING THE CLASSIFICATION DEPUTY DIRECTOR OF COMMUNITY
DEVELOPMENT
WHEREAS, the City Council of the City of Huntington Beach desires to modify the
salary and benefits for non-represented employees upon adoption of this resolution;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. Salaries and Benefits for Non-Represented employees shall be as reflected
in Exhibit "A", attached hereto and incorporated by this reference.
SECTION 2. The salary range for the Deputy Director of Community Development shall
be as reflected in the Non-Associated Executive Management Salary Schedule—Exhibit 1.
SECTION 3. All other benefits and salary ranges established and reflected in the Non-
Associated Employees Pay and Benefits Resolution 2016-50, shall continue unless
modified by City Council action.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 17th day of September
2018
APPROVED AS TO FORM:
4
--1
<;00 City AttorneY
880
OL 201 -
"60-he tr-A "
RESOLUTION NO. 2016-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
MODIFYING SALARY AND BENEFITS FOR NON-REPRESENTED EMPLOYEES
INCLUDING THE ELECTED CITY ATTORNEY, CITY CLERK, AND CITY TREASURER
WHEREAS, the City Council of the City of Huntington Beach desires to modify the
salary and benefits for Non-Represented Employees upon adoption of this Resolution.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. Salaries and Benefits for Non-Represented employees shall be as reflected
in Exhibit "A", attached hereto and incorporated by this reference.
SECTION 2. The salary range for the elected City Attorney, City Clerk and City
Treasurer shall be modified as reflected in the Non-Associated Executive Management Salary
Schedule—Exhibit 1.
SECTION 3. Benefits for the elected City Attorney, City Clerk and City Treasurer shall
be as reflected in Exhibit "A", attached hereto and incorporated by this reference.
SECTION 4. Resolution 2007-6, Resolution 2010-106, and Resolution 2014-94 are
hereby repealed.
SECTION 5. Any existing provisions in conflict with the foregoing, whether by minute
action or resolution of the City Council, are hereby repealed.
SECTION 6. All other benefits and salary ranges established and reflected in the Non-
Associated Employees Pay and Benefits Resolution 2016-50, shall continue unless modified by
City Council action.
RLS 6/27/16/16-5325/138993/MV 1
881
REVIEW APPROVED: APPROVED AS TO FORM:
I I - .
ta.,„h •-••
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W.412-NOlIC'ED
IN
tor of Kman Resources
Ma
PASSED AND ADOPTED by the City Council olthe City of Huntington Beach at a
regular meeting thereof held on the / 8-"i'day of L., ,2016.
RLS 6/27/16/16-5325/138993/MV 2
882
_.A9/6 ->(
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT A - NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT
PROVISION 1
SECTION I PAY 1
A. SALARY SCHEDULE 1
B. DIRECT DEPOSIT 1
C. ASSIGNED VEHICLE/AUTO ALLOWANCE 1
1. Department Heads 1
D. Deferred Compensation 1
SECTION II— HOURS OF WORK/OVERTIME/TIME OFF 1
A. EXECUTIVE LEAVE 1
B. FLEXIBLE AND ALTERNATIVE WORK SCHEDULES 2
1. 5/40 Work Schedule 2
2 9/80 Work Schedule 2
3. Alternative Work Schedule 2
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS 2
A. HEALTH INSURANCE 2
1. Medical, Dental and Vision Insurance 2
2. City and Employee Paid Health Insurance 2
3. Medical Cash Out 4
4. Section 125 Plan 4
B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE 4
C. LONG-TERM DISABILITY INSURANCE 4
D. CITY-PAID PHYSICAL EXAMINATIONS 5
E. MISCELLANEOUS 5
F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL
RETIREE SUBSIDY PLAN 5
G. P0s-r-65 SUPPLEMENTAL MEDICARE COVERAGE 6
SECTION IV — RETIREMENT 6
A. BENEFITS 6
1 Self-Funded Supplemental Retirement Benefit 6
2. Medical Insurance for Retirees 6
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING 7
1. Miscellaneous Unit Members 7
2. Safety Unit Members 7
3. IRS Code 414(h)(2) 8
4. Pre-Retirement Optional Settlement 2 Death Benefit 8
5. Fourth Level of 1959 Survivor Benefits 8
6. VEBA Plan Requirements 8
SECTION V — LEAVE BENEFITS 10
Exhibit "A" to Non-Associated Resolution No 2016-50
Item 25. - 5 HB -656
883
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
A. GENERAL LEAVE 10
1. Accrual 10
2. Eligibility and Approval 10
3. Leave Benefit Entitlements 10
4. Conversion to Cash 10
B. HOLIDAYS AND PAY PROVISIONS 11
C. SICK LEAVE 11
1. Accrual 11
2. Credit 12
3. Usage 12
4. Payoff at Termination 12
D. BEREAVEMENT LEAVE 13
E. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM 13
SECTION VI— RETIREE SUBSIDY MEDICAL PLAN 13
SECTION VII - MISCELLANEOUS 13
A. COLLECTION OF PAYROLL OVERPAYMENTS 13
B. UNIFORMS AND CALPERS REPORTING 14
EXHIBIT 1 - NON-ASSOCIATED SALARY SCHEDULE 15
EXHIBIT 2 - RETIREE MEDICAL PLAN 16
EXHIBIT 3 - 9/80 WORK SCHEDULE 20
EXHIBIT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION 22
ii
HB -657 [tern 25. - 6
Exhibit "A" to Non-Associated Resolution No 2016-50
884
NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS
EXHIBIT A
SECTION I — PAY
A. Salary Schedule
1. All current Non-Associated employees shall receive the salaries as identified in Exhibit
1.
2. The City Council shall set the salaries of the elected executive management positions
identified in Exhibit 1, at any rate within the designated salary range.
3 The City Manager is authorized to set the salaries of the non-elected executive
management positions identified in Exhibit 1 at any rate at or below the control point of
the designated salary range. The City Manager is authorized to increase the salary by
any percentage not greater than 5% based upon performance at annual review and
market data. However, no salary for a new employee may be set above the control
point at any time without City Council approval.
B. Direct Deposit
All Non-Associated employees are required to utilize direct deposit of payroll checks.
C. Assigned Vehicle/Auto Allowance
1. Department Heads
Appointed Department Heads and the City Clerk, City Treasurer, and City Attorney shall
have the option of an assigned City vehicle or an auto allowance in the amount of two
hundred thirty dollars and seventy-seven cents ($230.77) per bi-weekly pay period plus
reimbursement of out-of-town travel at the approved mileage rate.
D. Deferred Compensation
Effective the beginning of the pay period following City Council approval of this resolution,
each employee covered by this resolution, including the City Attorney, City Clerk and City
Treasurer, shall receive a one-time deposit to the employee's 457 Deferred Compensation
account in the amount of $3,800.00.
This shall be a single, one-time only deposit. All appropriate Federal and State legal
mandates regarding the tax-treatment of this one-time deposit shall apply.
SECTION II — HOURS OF WORK/TIME OFF
A. Executive Leave
Non-Associated exempt employees shall not be eligible for overtime compensation.
Exempt department heads shall be credited with eighty (80) hours of executive leave per
calendar year.
Item 25. 7 ''A" to Non-Associated Resolution No. 2016-50 HB -658
885
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
B. Flexible and Alternative Work Schedules
1. 5/40 Work Schedule
The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday
through Friday each week with a one-hour lunch during each work shift, totaling a forty
(40) hours work week.
2. 9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit 3, shall be defined as working nine (9)
days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9)
hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour
lunch during each work shift, totaling forty (40) hours in each FLSA designated work
week. The 9/80 work schedule shall not reduce service to the public, departmental
effectiveness, productivity and/or efficiency as determined by the City Manager or
designee.
Alternative Work Schedule
Non-associated employees may elect any alternative work schedule approved by the
City Manager or designee.
SECTION III — HEALTH AND OTHER INSURANCE BENEFITS
A Health Insurance
Medical, Dental and Vision Insurance
The City shall continue to make group medical, dental and vision benefits available to
all Non-Associated employees.
2. City and Employee Paid Health Insurance
The City and the employee shall pay for health insurance premiums for employees and
qualified dependent(s) effective the first of the month following the employee's hire
date. The employee payroll deduction for premium contributions shall be deducted on
a pre-tax basis.
Such deductions shall be aligned with the effective date of coverage and the ending
date of coverage upon employment separation. The employee's payroll deduction
amount shall begin no later than the beginning of the first full pay period following the
effective date of coverage and pro-rated for coverage through the end of the month in
which employment was separated.
Exhibit "A" to Non-Associated Resolution No 2016-50 HB -659 Item 25. - 8
886
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
I. Health Plan Employee and Employer Contributions Chart for Non-Safety
Classifications in EXHIBIT 1
City of Huntington Beach
2016 Health Premiums and Contributions
Effective pay period following final City Council approval
Non-Associated/Non-Safety
Plan Tier Monthly
Premium
Employer
Monthly
Contribution
Employee
Monthly
Contribution
Employee
Bi-Weekly
Contribution
Kaiser
Single 466.65 466.65 0 00 0.00
Two-Party 1,022.11 974.36 47.75 22.04
Family 1,343.90 1,170.04 173.86 80.24
Blue Shield HMO
Single 671.00 640.76 30.24 13.96
Two-Party 1,466.00 974.36 491.64 226.91
Family 1,896 00 1,170.04 725.96 335.06
Blue Shield PPO
Single 736.00 736.00 0.00 0.00
Two-Party 1,555.00 1,135.78 419.22 193.49
Family 1,927 00 1,314.31 612.69 282.78
Delta Dental PPO
Single 58.10 45.02 13.08 6.04
Two-Party 108.60 85.91 22.69 10.47
Family 143.20 122.18 21.02 9.70
Delta Care HMO
Single 30.11 30.11 0.00 0.00
Two-Party 51.19 51.19 0.00 0.00
Family 78.29 78.29 0.00 0.00
VSP Vision
Single 25.12 0.00 25.12 11.59
Two-Party 25.12 0.00 25.12 11.59
Family 25.12 0.00 25.12 11.59
Medical Opt-Out: $466.65 per month ($215.38 bi-weekly)
ii. "Safety Member" Health Premiums - Employer Contribution
Employees that are classified as "safety member" by the California Public Employees'
Retirement System (CalPERS) may have access to the medical plans offered by
CalPERS as contracted by the City. In accordance with eligibility provisions, the
Police Chief and the Fire Chief may elect to enroll in the CalPERS health insurance
program offered by the City.
The City's maximum monthly employer contributions for the CalPERS health
insurance program is set forth in the current City of Huntington Beach Non-
Associated Safety Health Premiums and Contributions Chart. The amounts listed
therein include the mandated Public Employees' Medical and Hospital Care Act
(PEMHCA) contribution.
Item 25. - 9 "A" to Non-Associated Resolution No. 2016-50 HB -660
887
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
iii. Employees shall not be entitled to the difference between the employer contribution
and the premiums for insurance plan(s) selected by the employee.
iv. Future Premiums
The City "caps' its contributions toward monthly group medical, dental and vision
plan premiums by category (EE, EE + 1, and EE + 2 or more) as outlined in sections
i and ii above.
The City agrees to increase the contribution toward monthly group medical by $200
per plan, per tier, effective following City Council approval of this resolution.
The employee and employer contributions rates set forth in sections i and ii above
shall remain in effect in 2017 and beyond unless otherwise modified by a successor
Non-Associated Resolution. Employee and City Contributions subject to change as
a result of City Council approval.
The City's contribution caps for dental and vision in effect as of August 1, 2014 shall
not be increased.
The City's contribution caps will remain in place, even if premium increases result in
these additional costs being borne by the employee.
3. Medical Cash Out
If an employee is covered by a medical program outside of a City-provided program
(evidence of which must be supplied to Human Resources), the employee may elect to
discontinue City medical coverage and receive the monthly value of the City's
contribution to the lowest cost employee-only medical plan paid bi-weekly.
4. Section 125 Plan
Employees shall be eligible to participate in a City-approved Section 125 Flexible
Spending Account Plan the same as all other eligible employees, as provided by IRS
law. This plan allows employees to use pre-tax salary to pay for regular childcare,
adult dependent care and/or medical expenses.
B. Life and Accidental Death and Dismemberment Insurance
Each Non-Associated employee shall be provided with $50,000 life insurance and $50,000
accidental death and dismemberment insurance paid for by the City. Each employee shall
have the option, at his/her own expense, to purchase additional amounts of life insurance and
accidental death and dismemberment insurance to the extent provided by the City's current
providers. Evidence of insurability is contingent upon total participation in additional amounts.
C. Long-Term Disability Insurance
This program provides benefits for each incident of illness or injury after a waiting period of
thirty (30) calendar days during which the Non-Associated employee may use accumulated sick
leave, general leave, executive leave pay. Subsequent to the thirty-(30) day waiting period, the
employee will be covered by an insurance plan paid for by the City providing sixty-six and two-
thirds percent (66 2/3%) of the first $12,500 of the employee's basic monthly earnings up to a
maximum monthly benefit of $8,332.50. The maximum benefit period for disability due to injury
or illness shall be to age sixty-five (65).
Exhibit "A° to Non-Associated Resolution Na 2016-50 HB -661 Item 25. -10
888
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Days and months refer to calendar days and months. Benefits under the plan are integrated
with sick leave, Worker's Compensation, Social Security and other non-private program
benefits to which the employee may be entitled. Disability is defined as: The inability to
perform all of the duties of regular occupation during two years and thereafter the inability to
engage in any employment or occupation, for which he/she is fitted by reason of education,
training or experience." Rehabilitation benefits are provided in the event the individual, due to
disability, must engage in other occupation. Survivor's benefits continue the plan payment for
three (3) months beyond death. A copy of the plan is on file in the Human Resources
Department.
D. City-Paid Physical Examinations
Non-Associated employees shall be provided, once every two years, with a City-paid physical
examination comparable to the current pre-placement class physical examination or reimbursed
the amount authorized for said physical examination. No more than one-half of the eligible
employees shall receive examinations in any one fiscal year. Said exam shall be
comprehensive in nature and shall include:
1. A complete medical history, physical exam and review of results by physician.
2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis and stool
test for blood.
E Miscellaneous
When a Non-Associated employee is on a leave of absence without pay for reason of medical
disability, the City shall maintain the City-paid insurance premiums during the period the
employee is in a non-pay status for the length of said leave, not to exceed twenty-four (24)
months.
F. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan
Employees who retire from the City after January 1, 2004, and are granted a retirement
allowance by the California Public Employees' Retirement System and are not eligible for the
City's Retiree Subsidy Medical Plan may choose to participate in City-sponsored medical
insurance plans until the first of the month in which they turn age sixty-five (65).
The retiree shall pay the full premium for City-sponsored medical insurance for themselves
and/or qualified dependents without any City subsidy.
Employees who retire from the City and receive a retirement allowance from the California
Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy
Medical Plan and choose not to participate in City-sponsored medical insurance upon
retirement permanently lose eligibility for this insurance.
However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not
to participate in City-sponsored medical insurance plans because the retiree has access to
other group medical insurance, and subsequently loses eligibility for that group medical
insurance, the retiree and their qualified dependents will have access to City-sponsored
medical insurance plans reinstated.
Item 25. - 11
." to Non-Associated Resolution No. 2016-50 HB -662
889
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or
qualified dependent turns age sixty-five (65).
G. Post-65 Supplemental Medicare Coverage
Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and
all future retirees who meet the criteria to participate in City-sponsored medical insurance, with
or without the Retiree Medical Subsidy Plan, may participate in City-sponsored medical
insurance plans that are supplemental to Medicare, after a contract is in place between the City
and a health insurance provider.
A retiree or qualified dependent must choose to participate in City-sponsored medical insurance
plans that are supplemental to Medicare beginning the first of the month in which the retiree or
qualified dependent turns age sixty-five (65).
The retiree shall pay the full premium to participate in City-sponsored medical insurance plans
that are supplemental to Medicare for themselves or qualified dependents without any City
subsidy.
Retirees or qualified dependents, upon turning age 65, who choose not to participate in the
City-sponsored medical insurance plans that are supplemental to Medicare permanently lose
eligibility forI this insurance.
SECTION IV — RETIREMENT
A. Benefits
Self-Funded Supplemental Retirement Benefit
In the event a Non-Associated employee member elects Option #1, #2, #2W, #3, #3W or
#4 of the Public Employees' Retirement law, the City shall pay the difference between
such elected option and the unmodified allowance which the member would have
received for his or her life alone as provided in California Government Code sections
21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as
of the date of this agreement. This payment shall be made only to the member (Non-
Associated employee), shall be payable by the City during the life of the member, and
upon that member's death, the City's obligation shall cease. Unless previously excluded
by employment or resolution, eligibility for this benefit is limited to employees hired before
December 27, 1997.
Medical Insurance for Retirees
a. Upon retirement, whether service or disability connected, each Non Associated
employee shall be entitled to cause self, spouse and dependents to participate fully
in the City's group health insurance program at the equivalent of the City's group
premium rate in accordance with the provisions specified by Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA). Such participation shall be at
employee's expense and upon terms, conditions and restrictions currently in effect.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HR -663- Item 25.- 12
890
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
b. As an alternative to the benefit described in paragraph IV.A.2.a above, the City will
provide a financial contribution towards the cost of retiree medical premiums as
described in Section VI.
Public Employees' Retirement System Contributions and Reporting
1. Miscellaneous Members
a The City shall provide all miscellaneous employees described as "classic members
by the Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain
retirement program commonly known and described as the "2.5% at age 55 plan'
which is based on the retirement formula as set forth in the California Public
Employees' Retirement System (CalPERS), Section 21354 of the California
Government Code.
b. Miscellaneous bargaining unit "classic members" shall pay to CalPERS as part of
the required member retirement contribution eight percent (8%) of pensionable
income. This provision shall not sunset.
c. The City shall contract with CalPERS to have retirement benefits calculated based
upon the "classic" employee's highest one year's compensation, pursuant to the
provisions of Section 20042 (highest single year).
d. The obligations of the City and the retirement rights of employees as provided in this
Article shall survive the term of this resolution.
e. For "New" Members within the meaning of the California Public Employees' Pension
Reform Act of 2013.
1) New Members shall be governed by the two percent at age 62 (2% @ 62)
retirement formula set forth in Government Code section 7522.20.
2) Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of his or her retirement, or some other 36 consecutive month period
designated by the member.
3) Effective January 1, 2013, "new" members as defined by PEPRA and
determined by CalPERS, shall contribute one half (50%) of the normal cost as
established by CalPERS.
2 Safety Members
a. The City shall provide all safety employees described as "classic" members by the
Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain
retirement program commonly known and described as the "3% at age 50 plan"
which is based on the retirement formula as set forth in the California Public
Employees' Retirement System (CalPERS), Section 21362.2 of the California
Government Code.
Item 25. - 13 " to Non-Associated Resolution No. 2016-50 HB -664
891
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
b. All safety employees described as "classic" members shall pay to CalPERS as part
of the required member retirement contribution nine percent (9%) of pensionable
income. This provision shall not sunset.
c. The City shall contract with CalPERS to have retirement benefits calculated based
upon the "classic" employee's highest one year's compensation, pursuant to the
provisions of Section 20042 (highest single year).
d. The obligations of the City and the retirement rights of employees as provided in this
Article shall survive the term of this resolution.
e. For "New" Members within the meaning of the California Public Employees' Pension
Reform Act of 2013.
1) New Members shall be governed by the two and seven tenths percent at age
57 (2.7% @ 57) retirement formula set forth in Government Code section
7522.25(d)
2) Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of retirement, or some other 36 consecutive month period designated by
the member.
3) Effective January 1, 2013, "new" members as defined by PEPRA and
determined by CalPERS, shall contribute one half (50%) of the normal cost, as
established by CalPERS.
IRS Code Section 414(h)(2)
The City has adopted the CalPERS Resolution in accordance with IRS Code section
414(h)(2) to ensure that both the employee contribution and the City pickup of the
required member contribution are made on a pre-tax basis. However, ultimately, the tax
status of any benefit is determined by the law.
4. Pre-Retirement Optional Settlement 2 Death Benefit
Non-Associated employees shall be covered by the Pre-Retirement Optional Settlement
2 Death Benefit as identified in Section 21548 of the California Government Code when
approved by the City Council.
5. Fourth Level of 1959 Survivor Benefits
Non-Associated employees shall be covered by the Fourth Level of the 1959 Survivor
Benefit as identified in Section 21 574 of the California Government Code.
6. VEBA Plan Requirements
a. Eligibility Defined
Effective December 23, 2009, all eligible Unrepresented Management Employees
with 25 years of continuous service to the City of Huntington Beach will participate in
the Plan. An eligible employee is an employee who works twenty (20) or more
hours per week and receives benefits.
Exhibit "A" to Non-Associated Resolution No 2016-50/113 -665- Item 25. - 14
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NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Employee Contributions
c. Leave Payout
Each eligible unrepresented management employee shall designate all leave
payouts to be rolled over to his/her VEBA Plan account based on the established
range upon separation from City employment.
Participant Account
A separate account is maintained for each contributing eligible unrepresented
management employee, which documents the employee's contributions and
disbursements. Contributions to a VEBA plan account as well as any disbursements
to cover nonreimbursed, post-tax medical care expenses are both tax free. Eligible
benefits subject to reimbursement by the Plan shall be limited to long-term care
expenses and nonreimbursed medical premiums, co-pays. prescribed drug
expenses and other medical care costs as that term is defined by the Internal
Revenue Code Section 213.
e. Administrative Fees
Any Plan administrative fees will be deducted from interest on the total Plan
investments.
An eligible unrepresented management employee's Plan account is subject to a
monthly administrative fee for expenses related to recordkeeping, claims
processing, and claims reimbursement. The fee will first be deducted from interest
on total plan investments, and then deducted, if necessary, from the employee's
individual account.
Dispute Resolution
This Resolution and any disputes arising under or in connection with this Resolution
shall not be subject to any dispute resolution procedures in the City's Personnel
Rules, nor shall this Resolution and any such dispute relating thereto be subject to
the jurisdiction of the City's Personnel Board for any reason whatsoever.
g. Indemnification
All Unrepresented Management Employees agree to indemnify and hold the City of
Huntington Beach harmless against any claims made of any nature and against any
suit instituted against the City arising from this Resolution, including, but not limited
to, claims arising from an employee's participation in VEBA or from any salary
reduction initiated by the City for VEBA contributions.
Item 25. - 15
to Non-Associated Resolution No. 2016-50 HB -666
893
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
SECTION V — LEAVE BENEFITS
A. General Leave
1. Accrual
Employees will accrue General Leave at the accrual rates outlined below. General leave
may be used for any purpose, including vacation, sick leave, and personal leave.
General leave for non-associated employees shall be accrued as follows:
Years of Service Annual General Leave
Allowance
Biweekly General Leave
Allowance
First through Fourth Year 176 hours 6.77
Fifth through Ninth Year 200 hours 7.69
Tenth through Fourteenth Year 224 hours 8.62
Fifteenth Year and Thereafter 256 hours 9.85
2. Eligibility and Approval
General leave must be pre-approved except for illness, injury or family sickness, which
may require a physician's statement for approval. General leave accrued time is to be
computed from hiring date anniversary. Employees shall not be permitted to take general
leave in excess of actual time earned. Employees shall not accrue general leave in
excess of six hundred forty (640) hours. Employees may not use their general leave to
advance their separation date on retirement or other separation from employment.
3. Leave Benefit Entitlements
The City shall comply with all State and Federal leave benefit entitlement laws. An
eligible employee on an approved leave shall be allowed to use applicable earned Sick
Leave, General Leave, or Executive Leave for family or personal health issues. For
more information on employee leave options contact the Human Resources Department.
4. Conversion to Cash
a. Pay Off at Termination
An employee shall be paid for unused general leave upon termination of
employment at which time such terminating employee shall receive compensation at
their current salary rate for all unused, earned general leave to which they are
entitled up to and including the effective date of their termination.
b. Conversion to Cash
Two times during each fiscal year, each permanent employee shall have the option
to convert into a cash payment or deferred compensation up to a total of one
hundred-twenty (120) general leave benefit hours per fiscal year. The employee
shall give payroll two (2) weeks advance notice of their decision to exercise such
option.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB -667 Item 25. - 16
894
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
c. One Week Minimum Vacation Requirement
The City Manager may require certain positions which handle money or transfer
funds to take a minimum of one week, (i.e., five consecutive work days) paid
vacation each calendar year
d. Deferred Compensation Contribution at Time of Separation
The value of any unused earned leave benefits may be transferred to deferred
compensation at separation (including retirement), but only during the time that the
employee is actively employed with the City. The latest opportunity for such transfer
must be the beginning of the pay period prior to the employee's last day of
employment.
B. Holidays and Pay Provisions
1. Non-Associated employees shall receive the following legal holidays as of the first pay
period following adoption of the Non-Associated Resolution paid in full per the
employee's regularly scheduled work shift:
(1) New Year's Day (January 1)
(2) Martin Luther King Day (third Monday in January)
(3) Presidents Day (third Monday in February)
(4) Memorial Day (last Monday in May)
(5) Independence Day (July 4)
(6) Labor Day (first Monday in September)
(7) Veteran's Day (November 11)
(8) Thanksgiving Day (fourth Thursday in November)
(9) The Friday after Thanksgiving
(10) Christmas Day (December 25)
2. Any day declared by the President of the United States to be a national holiday or by the
Governor of the State of California to be a state holiday and adopted as an employee
holiday by the City Council of the City of Huntington Beach.
3. For Civic Center holiday closure purposes, holidays which fall on Sunday shall be
observed the following Monday, and those falling on Saturday shall be observed the
preceding Friday.
C. Sick Leave
1. Accrual
No employee shall accrue sick leave.
Item 25. - 17 "to Non-Associated Resolution No. 2016-50 NB -668
895
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Credit
Employees assigned to Non-Associated shall carry forward their sick leave balance and
shall no longer accrue sick leave credit.
Usage
Employees may use accrued sick leave for the same purposes for which it was used
prior to December 25, 1999. Sick leave shall not be used to extend absences due to
work related (industrial) injuries or illnesses, this provision shall be added to Personnel
Rule 18.10.
4. Payoff at Termination
a. Non Associated employees with continuous service with the City since November
20, 1978, shall be entitled to the following sick leave payoff plan:
At involuntary termination by reason of disability, or by death, or by retirement,
employees shall be compensated at their then current rate of pay for seventy-five
percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty
percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a
maximum of seven hundred and twenty hours (720) of unused, accumulated sick
leave, except as provided in paragraph V.C.5.d below.
Upon termination for any other reason, employees shall be compensated at their
then current rate of pay for fifty percent (50%) of all unused accumulated sick leave,
up to a maximum of 720 hours of such accumulated sick leave.
b. Non-Associated employees hired after November 20, 1978 shall be entitled to the
following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current salary rate, for
twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and
for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours,
but not to exceed 720 hours, except as provided in paragraph V.C.2.c below.
c. Except as provided in paragraph V.C.5.d below, no Non-Associated employee shall
be paid at termination for more than 720 hours of unused, accumulated sick lave.
However, employees may utilize accumulated sick leave on the basis of "last in, first
out," meaning that sick leave accumulated in excess of the maximum for payoff may
be utilized first for sick leave, as defined in Personnel Rule 18-8.
Non-Associated employees who had unused, accumulated sick leave in excess of
720 hours as of July 5, 1980, shall be compensated for such excess sick leave
remaining on termination under the formulas described in paragraphs V.C.5.a and b
above. In no event shall any employee be compensated upon termination for any
accumulated sick leave in excess of the "cap" established by this paragraph (i.e.,
720 hours plus the amount over 720 hours existing on July 5, 1980). Employees
may continue to utilize sick leave accrued after that date in excess of such "cap" on
a "last in, first out" basis. To the extent that any such "capped" amount of excess
sick leave over 720 hours is utilized, the maximum compensable amount shall be
correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six
months after July 5, 1980, employee had accumulated another 48 hours. Employee
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB -669 Item 25. - 1 8
896
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
is then sick for 120 hours. Employee's maximum sick leave "cap" for compensation
at termination is now reduced by 72 hours to 928.)
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed twenty-four (24) hours in
each instance of death in the immediate family. Immediate family is defined as father,
mother, sister, brother, spouse, children, grandfather, grandmother, stepfather, stepmother,
step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law,
father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or
wards of which the employee is the legal guardian.
E. Voluntary Catastrophic Leave Donation Program
Under certain conditions, an employee may donate leave time to another employee in need.
The program is outlined in Exhibit 4.
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City-sponsored
medical insurance plans in accordance with the Retiree Subsidy Medical Plan as outlined in
Exhibit 2. Employees hired on or after December 1, 2009, shall not be eligible for this benefit.
SECTION VII — MISCELLANEOUS
A. Collection of Payroll Overpayments
In the event that a payroll overpayment is discovered and verified, and considering all
reasonable factors including the length of time that the overpayment was made and if and when
the employee could have reasonably known about such overpayment, the City shall take action
to collect from the employee the amount of overpayment(s). Such collection shall be processed
by payroll deduction over a reasonable period of time considering the total amount of
overpayment.
In the event the employee separates from employment during the collection period, the final
amount shall be deducted from the last payroll check of the employee. If applicable, the
balance due from the employee shall be communicated upon employment separation if the last
payroll check does not sufficiently cover the amount due the City.
It shall be the responsibility of the employee and the City to periodically monitor the accuracy of
compensation payments or reimbursements due to the possibility of a clerical oversight or error.
The City reserves the right to also collect compensation overpayments caused by or the result
of misinterpretation of a pay provision by non-authorized personnel. The interpretation of all
pay provisions shall be administered by the City Manager or designee and as adopted by the
City Council. Unauthorized compensation payments shall not constitute a past practice
(1/03/05).
Item 25. - 19
7 to Non-Associated Resolution No. 2016-50 HB -670-
897
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
B. Uniforms and CalPERS Reporting
The City provides uniforms to active duty employees in the classifications of Police Chief and
Fire Chief. These employees are required to wear a standard uniform for appearance,
uniformity, and public recognition purposes.
The City will report to the California Public Employees' Retirement System (CalPERS) the
average annual cost of uniforms as special compensation for each eligible employee in
accordance with Title 2, California Code of Regulations, Section 571(a)(5).
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB -671 Item 25. - 20
898
NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS
EXHIBIT 1
NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE SEPTEMBER 24, 2016 - 2.0% Increase
Job No. Description Pay
Grade
Starting
Point
Control
Point
High
Point
EXECUTIVE MANAGEMENT
0591
City Manager NA0591
NA
NA
128.29
DEPARTMENT HEADS
0592 Assistant City Manager NA0592 85.82 95.51 106.32
0009 Director of Building & Safety NA0009 74.64 83.07 92.46
0014 Director of Community Services NA0014 74.64 83.07 92.46
0008 Director of Economic Development NA0008 74.64 83.07 92.46
0574 Director of Human Resources NA0574 74.64 83.07 92.46
0479 Chief Information Officer NA0479 74.64 83.07 92.46
0007 Director of Library Services NA0007 69.94 77.85 86.66
0589 Community Development Director NA0589 80.82 89.97 100.13
0010 Director of Public Works NA0010 80.82 89.97 100.13
0518 Chief Financial Officer NA0518 80.82 89.97 100.13
0015 Fire Chief NA0015 85.82 95.51 106.31
0011 Police Chief NA0011 85.82 95.52 106.31
ELECTED OFFICIALS
0016 City Attorney NA0016 100.18 111.51 124.10
0017 City Clerk NA0017 69.94 77.85 86.66
ELECTED OFFICIALS PART-TIME
0018 City Treasurer - PART-TIME
NA0018 74 64
83.07
92.46
*Annual Salary Not to Exceed $51,812
CONTRACT NON-DEPARTMENT HEAD
Job No. Description Pay
Grade A B C D E
0593 Chief Assistant City Attorney NA0593 71.05 74.96 79.08 83.43 88.01
Historical changes to Non-Associated position titles:
Per Ordinance 3855 adopted on 1/19/10, Building & Safety Department duties were combined with the Planning
Department creating a new position of Director of Planning and Building.
Per Resolution 2010-106 adopted on 12/20/10 the City Treasurer was established as a part-time position.
Per Ordinance 3906 adopted on 2/7/11 amended the title of City Administrator to City Manager.
Per Ordinance 3959 adopted on 10/01/12, the position of Chief Assistant City Attorney was established.
Per Resolution 2012-95 adopted on 12/17/12 the title of Deputy City Manager was changed to Assistant City Manager.
Per Ordinance 4086 adopted 4/18/16: the position of Finance Director was changed to Chief Financial Officer, the Director
of Information Services was changed to Chief Information Officer and the Director of Planning and Building was changed to
Community Development Director.
Item 25. - 2 1 ." to Non-Associated Resolution No. 2016-50 HB -672
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NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT 2
RETIREE MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in an
amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of continuous full
time City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement allowance
by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified downward
or cease during the lifetime of the retiree upon the occurrence of any one of the following:
On the first of the month in which a retiree or dependent reaches age 65 or
on the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether or
not such application is made) the City's obligation to pay monthly premiums
may be adjusted downward or eliminated. Benefit coverage at age 65 under
the City's medical plans shall be governed by applicable plan document.
2. In the event of the death of any employee, whether retired or not, the amount
of the retiree medical insurance subsidy benefit which the deceased
employee was receiving at the time of his/her death would be eligible to
receive if he/she were retired at the time of death, shall be paid on behalf of
the spouse or family for a period not to exceed twelve (12) months.
D. Schedule of Benefits
Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for benefits begins
after an employee has completed ten (10) years of continuous full time service with
the City of Huntington Beach. Said service must be continuous unless prior service
is reinstated at the time of his/her rehire in accordance with the City's Personnel
Rules. Employees hired on or after December 1, 2009 shall not be eligible for this
benefit.
Disability Retirees
Industrial disability retirees with less than ten (10) years of service shall receive a
maximum monthly payment toward the premium for health insurance of $121.
Payments shall be in accordance with the stipulations and conditions, which exist for
all retirees. Payment shall not exceed dollar amount, which is equal to the full cost
of premium for employee only
3. Marital Status — Married retirees eligible for benefits under the Retiree Medical
Subsidy Plan may each receive the benefit earned pursuant to Section 4 —
Exhibit "A" to Non-Associated Resolution No. 2016-50
HR -673- Item 25. - 22
900
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Maximum Monthly Subsidy Payments, whether enrolled individually as the plan
enrollee or whether enrolled as a dependent on any City-sponsored medical plan.
a. In the case where a retiree is married to a City employee (active or retired)
who is not an unrepresented/non-associated employee or retiree, this
provision shall remain applicable.
b. This provision shall apply to State of California registered domestic partners
the same as married spouses.
4. Maximum Monthly Subsidy Payments
Payment amounts may be reduced each month as dependent eligibility ceases due
to death, divorce or loss of dependent child status. However, the amount shall not
be reduced if such reduction would cause insufficient funds needed to pay the full
premium for the employee and the remaining dependents. In the event no reduction
occurs and the remaining benefit premium is not sufficient to pay the premium
amount for the employee and the eligible dependents, said needed excess premium
amount shall be paid by the employee.
All retirees, including those retired as a result of disability whose number of years of
service prior to retirement, exceeds ten (10) years of continuous full time service,
shall be entitled to maximum monthly payment of premiums by the City for each
year of completed City service as follows:
Maximum Monthly Payment
for Retirements After:
Years of Service Subsidy
10 $121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
Item 25. - 23 ' to Non-Associated Resolution No. 2016-50 11B -674
901
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
MISCELLANEOUS PROVISIONS
A . Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the various
employee groups shall be the first of the month following retirement date.
2. A retiree may change plans, add dependents, etc., during annual open enrollment.
The Human Resources Department shall notify covered retirees of this opportunity
each year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of
completed service with the City of Huntington Beach.
B Benefits:
The Retiree Subsidy Medical Plan includes any medical plan offered by the City to
active and/or retired unrepresented/non-associated employees and retirees.
2. City Plans are the primary payer for active employees age 65 and over, with
Medicare the secondary payer. Retirees age 65 and over have no City Plan options
and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. The Retiree Subsidy Medical Plan.
b. HMO.
c. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Any other employee benefit plan.
c. Any other commercially available benefit plan.
d. Medicare supplements
D. Medicare:
All persons are eligible for Medicare coverage at age 65. Those with sufficient credit
quarters of Social Security will receive Part A of Medicare at no cost. Those without
sufficient credited quarters are still eligible for Medicare at age 65, but will have to
pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part
B of Medicare is paid for by the participant.
Exhibit ''A" to Non-Associated Resolution No. 2016-50 HI3-675 Item 25. - 24
902
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
2 When a retiree and his/her spouse are both 65 or over, and neither is eligible for
paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the
maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is
not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at
age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age
65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A
only.
E. Cancellation:
For retirees/dependents eligible for paid Part A of Medicare. the following
cancellation provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated
on the first day of the month in which the retiree reaches age 65. If such retiree
was covering dependents under the Plan, dependents will be eligible for COBRA
continuation benefits effective as of the retiree's 65th birthday.
Dependent coverage will be eliminated upon whichever of the following
occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event such dependent
reaches age 65 prior to the retiree reaching age 65.
c. At age 65 retirees are eligible to make application for Medicare. Upon being
considered "eligible to make application," whether or not application has been
made for Medicare, the Retiree Subsidy Medical Plan will be eliminated.
See provisions under 'Benefits," "Subsidies," and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-
payment of premium by means of a certified letter from Employee Benefits in
accordance with provisions of the Non-Associated Resolution.
4. A retiree who fails to pay premiums due for coverage and is in arrears for
sixty (60) days shall be terminated from the Plan and shall not have
reinstatement rights.
Item 25. - 25: to Non-Associated Resolution No. 2016-50 HB -676-
903
NON-ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS
EXHIBIT 3 - 9/80 WORK SCHEDULE
This work schedule is known as "9/80". The 9/80 work schedule is designed to be in compliance
with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict
with the current rules, practices and/or procedures regarding work schedules and leave plans, then
the rules listed below shall govern.
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two
week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for
eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in
each FLSA work week. The 9/80 work schedule shall not reduce service to the public,
departmental effectiveness, productivity and/or efficiency as determined by the City Manager or
designee.
A. Forty (40) Hour FLSA Work Week
The actual FLSA workweek is from Friday at mid-shift (p.m.) to Friday at mid-shift (a.m.).
No employee working the 9/80 work schedule will be able to flex their Friday start time nor
the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays.
All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the
FLSA workweek is 12:00 noon Friday.
B. Two Week Pay Period
The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14)
days until Friday mid-shift (a.m.). During this period, each week is made up of four (4) nine
(9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours
equal forty (40) work hours in each work week (e.g. the Friday is split into four (4) hours for
the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which
is charged to work week two).
C. A/B Schedules
To continue to provide service to the public every Friday, employees are to be divided
between two schedules, known as the "A" schedule and the "B" schedule, based upon the
departmental needs. For identification purposes, the "A" schedule shall be known as the
schedule with a day off on the Friday in the middle of the pay period, or, "off on payday", the
"B" schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on
payday". An example is listed below:
rrr rm.;
4
9
!MN&
9 4 4 Schedule 4 4 - - 9 9 9 9 - - - - 9 9
B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - -
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB677- Item 25. - 26
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NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
D. A/B Schedule Changes
FLSA exempt employees may change A/B schedules at the beginning of any pay period
with supervisor or City Manager approval.
E. Emergencies
All employees on the 9/80 work schedule are subject to be called to work any time to meet
any and all emergencies or unusual conditions which, in the opinion of the City Manager, or
designee may require such service from any of said employees.
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9)
hours of eligible leave per workday shall be charged against the employee's leave balance or eight
(8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current
accrual, eligibility, request and approval requirements.
1 General Leave — As stated in the Non-Associated Resolution.
2. Sick Leave — As stated in the Non-Associated Resolution.
3 Executive Leave — As stated in the Non-Associated Resolution.
4. Bereavement Leave — As stated in the Non-Associated Resolution.
5. Holidays - As stated in the Non-Associated Resolution.
6. Jury Duty — The provisions of the Personnel Rules shall continue to apply, however, if an
FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday,
or Sunday, or on a City holiday, then the jury duty shall be considered the same as having
occurred during the employees day off work, therefore, the employee will receive no added
compensation.
Item 25. - 27 "to Non-Associated Resolution No. 2016-50 — t-IB -678-
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NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
EXHIBIT 4- VOLUNTARY CATASTROPHIC LEAVE DONATION
Guidelines
1. Purpose
The purpose of the voluntary catastrophic leave donation program is to bridge employees
who have been approved leave time to either return to work, long-term disability, or medical
retirement. Permanent employees who accrue vacation, general leave or compensatory
time may donate such leave to another permanent employee when a catastrophic illness or
injury befalls that employee or because the employee is needed to care for a seriously ill
family member. The leave-sharing Leave Donation Program is Citywide across all
departments and is intended to provide an additional benefit. Nothing in this program is
intended to change current policy and practice for use and/or accrual of vacation, general,
or sick leave.
2. Definitions
Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the
employee or an employee's family member.
Family Member - For the purposes of this policy, the definition of family member is that
defined in the Family Medical Leave Act (child, parent, spouse or domestic partner).
3. Eligible Leave
Accrued compensatory, vacation or general leave hours may be donated. The minimum
donation an employee may make is two (2) hours and the maximum is forty (40) hours.
4. Eligibility
Permanent employees who accrue vacation or general leave may donate such hours to
eligible recipients. Compensatory time accrued may also be donated. An eligible recipient
is an employee who:
• Accrues vacation or general leave;
• Is not receiving disability benefits or Workers' Compensation payments: and
• Requests donated leave.
5 Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the amount
necessary to ensure continuation of the employee's regular salary during the employee's
period of approved catastrophic leave. Donations will be voluntary, confidential and
irrevocable. Hours donated will be converted into a dollar amount based on the hourly
wage of the donor. The dollar amount will then be converted into accrued hours based on
the recipient's hourly wage.
An employee needing leave will complete a Leave Donation Request Form and submit it to
the Department Director for approval. The Department Director will forward the form to
Human Resources for processing. Human Resources, working with the department, will
send out the request for leave donations.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB -679- Item 25. - 28
906
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Employees wanting to make donations will submit a Leave Donation Form to the Finance
Department (payroll).
All donation forms submitted to payroll will be date stamped and used in order received for
each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of
time from donors. Any donation form submitted that is not needed will be returned to the
donor.
6. Other
Please contact the Human Resources Department with questions regarding employee
participation in this program.
Item 25. - 29 " to Non-Associated Resolution No. 2016-50 HB -680
907
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Voluntary Catastrophic Leave Donation Program
Leave Request Form
Requestor, Please Complete
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request
donated vacation, general leave or compensatory time.
MY SIGNATURE CERTIFIES THAT:
• A Leave of absence in relation to a catastrophic illness or injury has been approved by my
Department; and
• I am not receiving disability benefits or Workers' Compensation payments.
Name: (Please Print or Type: Last, First, MI)
ork Phone: Department:
Job Title: Employee ID#:
Requester Signature: Date:
Department Director Signature of Support: Date:
Iman Resources Department Use Only
. End donation date will bridge to:
1 LI Long Term Disability
LI Medical Retirement •
LI Length of FMLA leave ending
,fl Return to work
rid donation date:
t an Resources Director Signature: . ., ate sidned:
Please submit this form to the Human Resources Office for processing.
Exhibit "A" to Non-Associated Resolution No. 2016-50 HB -681 Item 25. - 30
908
Number of Hours I wish to Donate:
Hours of Vacation
Hours of Compensatory Time
Hours of General Leave
Type of Accrued Leave:
Vacation
EH Compensatory Time
10 General Leave
NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name: (Please Print or Type: Last, First, MI)
Work Phone:
Donor Job Title:
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to me. I also understand that this
donation will remain confidential.
I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation
Program for:
;Eligible recipient employee's name (Last, First, MI):
Donor Signature: Date:
Please submit to the Finance Department.
Item 25. 31 'to Non-Associated Resolution No. 2016-50 HB -682
909
Res. No. 2016-50
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at a Regular meeting thereof held on July 18, 2016 by the
following vote:
AYES:
NOES:
OUT OF ROOM:
ABSTAIN:
O'Connell, Sullivan, Hardy, Delgleize
Posey, Peterson
Katapod is
None
Rei of I, eed.a,ziaktd
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
910
Res. No. 2018-54
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on September 17, 2018 by the following vote:
AYES:
NOES:
ABSENT:
RECUSE:
Semeta, Posey, Delgleize, Peterson
O'Connell, Hardy, Brenden
None
None
41740t,. qtokuudie,u)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
911
City of Huntington Beach
File #:18-332 MEETING DATE:10/1/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Public Hearing to consider approval of Substantial Amendment No. 1 to Fiscal Year 2018-19
Annual Action Plan for the Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) Programs; and, authorize appropriation of funds (Continued
from 9-17-18)
Statement of Issue:
The U.S. Department of Housing and Urban Development (HUD) requires that the City conduct a
Public Hearing to approve Amendment No. 1 to the 2018-19 Annual Action Plan for CDBG and
HOME Programs for Tenant Based Rental Assistance Programs (TBRA); a Single Residential
Occupied (SRO) project located at 15161 Jackson Street - “The Navigation Center”; and to reconcile
the CDBG budget with the actual construction bid costs received for the City-wide ADA and Youth
Shelter ADA projects.
Financial Impact:
There is no impact to the General Fund. Funds are available in the CDBG and HOME accounts.
Recommended Action:
A) Approve Substantial Amendment No. 1 to the City of Huntington Beach Fiscal Year 2018-19
Annual Action Plan for the Community Development Block Grant (CDBG) and HOME Investment
Partnership Programs; and,
B) Authorize the City Manager to sign all necessary documents after review by the City Attorney; and,
C) Approve appropriation of $94,718 of HOME program income to Fund 1220.
Alternative Action(s):
Do not approve the Amendment and direct staff as necessary.
Analysis:
City of Huntington Beach Printed on 9/26/2018Page 1 of 3
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File #:18-332 MEETING DATE:10/1/2018
The City receives an annual allocation of federal funds from HUD to implement CDBG and HOME
programs. The Annual Action Plan is recommended to be amended to allocate funds for programs to
be carried out in Fiscal Year 2018-19.
Recommended changes for the Tenant Based Rental Assistance Program (TBRA) are in the Action
Plan. The City recommends allocating HOME funds to the following non-profits to administer TBRA
programs:
1) Families Forward who will focus on homeless families referred by the Huntington Beach
Homeless Task Force - $250,000 (Fund 1236);
2) Mercy House who will focus on homeless individuals and/or couples and will work with
our Homeless Task Force - $98,900 (Fund 1236 and 240); and
3) Interval House who will focus on veterans, seniors and victims of domestic abuse that
are homeless individuals or families. There is an amendment to the previously approved
allocation from $300,000 to $187,078 (Fund 1220 and 1236) to accurately reflect the
proposed budget for the new contract.
In addition, there is a request to allocate $600,000 (Fund 240) to the “The Navigation Center” located
in Midway City at 15161 Jackson Street to potentially provide seven (7) permanent Single Residential
Occupied (SRO) units. The City is planning to partner with American Family Housing, the City of
Westminster and the County of Orange for the construction of the SRO units if the project moves
forward.
A modification to the Action Plan as requested by HUD is to the Rehabilitation Loan Program
changing it into two separate allocations - one allocation for the Loan Program and the other
allocation for the Grant Program. The Grant Program for Owner-Occupied Single Family Dwellings,
Condos, and Mobile Homes totals $100,000. The City offers a one-time grant in the amount not to
exceed $10,000 to very low and low-income homeowners for deferred maintenance and health and
safety-related household repairs. The City proposes to fund 12 grants in FY 2018/19 as some grants
may not reach $10,000. The second program, the Owner-Occupied Single-Family Rehabilitation
Loan Program, totals $250,000. Funded with CDBG Revolving Loan Funds, the Single-Family
Rehabilitation Loan Program offers low-income homeowners up to $75,000 in deferred payment
loans. Payment of the principal and accrued interest is deferred until the property is sold, transferred,
or refinanced. In FY 2018/19, the City proposes to fund three (3) loans.
The final recommendation is to align funding for the City-Wide and Youth Shelter ADA Improvement
Projects with the actual construction bids received for those projects. The Citywide ADA project’s
original allocation of $500,000 is trued up to $575,000 (Fund 215) and the budget for the Youth
Shelter Roof and ADA Improvement project is being trued up to match its construction bid cost of
$525,000 (Fund 215) instead of the $600,000 originally estimated.
Environmental Status:
N/A
City of Huntington Beach Printed on 9/26/2018Page 2 of 3
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File #:18-332 MEETING DATE:10/1/2018
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Annual Action Plan July 1, 2018 - June 30, 2019 Amendment No. One (Substantial)
City of Huntington Beach Printed on 9/26/2018Page 3 of 3
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Action Plan
CITY OF HUNTINGTON BEACH
ANNUAL ACTION PLAN
JULY 1, 2018 - JUNE 30, 2019
AMENDMENT NO. ONE (SUBSTANTIAL)
SEPTEMBER 17, 2018
CITY OF HUNTINGTON BEACH
OFFICE OF BUSINESS DEVELOPMENT
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
915
CITY OF HUNTINGTON BEACH
2018/19 ANNUAL ACTION PLAN
TABLE OF CONTENTS
SECTION PAGE
Executive Summary (AP-05) .......................................................................................... 1
Lead & Responsible Agencies (PR-05) ........................................................................... 8
Consultation (AP-10) ..................................................................................................... 9
Citizen Participation (AP-12) ....................................................................................... 14
Expected Resources (AP-15) ....................................................................................... 20
Annual Goals and Objectives (AP-20) ......................................................................... 22
Projects (AP-35) .......................................................................................................... 30
Project Summary (AP-38) ............................................................................................ 33
Geographic Distribution (AP-50) ................................................................................. 57
Affordable Housing (AP-55) ........................................................................................ 59
Public Housing (AP-60) ................................................................................................ 61
Homeless and Other Special Needs Activities (AP-65) ............................................... 62
Barriers to Affordable Housing (AP-75) ...................................................................... 68
Other Actions (AP-85) ................................................................................................. 71
Program Specific Requirements (AP-90)..................................................................... 77
Appendices
Appendix A – Certifications
Appendix B – Application for Federal Assistance (SF 424) for CDBG Program
Appendix C – Assurances – Construction Programs (SF 424D) for CDBG Program
Appendix D – Application for Federal Assistance (SF 424) for HOME Program
Appendix E – Assurances – Construction Programs (SF 424D) for HOME Program
Appendix F – Public Notices
Appendix G – Citizen Participation Comments
916
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Huntington Beach 2018/19 Annual Action Plan 1
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
Huntington Beach’s 2015/16-2019/20 Consolidated Plan constitutes the City's strategy for
addressing its housing and community development needs utilizing federal entitlement funds.
The goals are to assist low and moderate-income persons, provide decent housing, create
suitable living environments, and expand economic opportunities. Included in the Consolidated
Plan are broad five-year objectives and strategies to accomplish these goals. Specific identifiable
benchmarks for measuring progress in realizing th e City’s strategy are proposed in the Annual
Action Plans.
The 2018/19 Annual Action Plan includes application for funds under two different HUD
entitlement programs - Community Development Block Grant (CDBG) and the HOME Investment
Partnership Program. Current year entitlements combined with reallocations and repayments
from prior years (CDBG Revolving Loan Funds) bring the total estimated funding for program year
2018/19 to $3,341,605 $3,388,505. The following Annual Action Plan describes resources,
programs, activities and actions Huntington Beach will use in the coming 2018/19 fiscal year to
implement its strategic plan and ultimately achieve its Consolidated Plan goals and objectives,
summarized in Table 1 on the following page.
918
Huntington Beach 2018/19 Annual Action Plan 2
Consolidated Plan
5-Year Priority
Implementing Programs
2018/19 Goal
Outcome/
Objective*
Preserve Existing and Create
New Affordable Housing
▪ Housing Rehabilitation Loan
Program
▪ Owner-Occupied SF, Condo, and
Mobile Home Grant Program
▪ Owner-Occupied Single-Family
Rehabilitation Loan Program
▪ Housing Rehabilitation Loan
Administration
▪ Acquisition/Rehabilitation, New
Construction
▪ 15161 Jackson Street SRO
Affordable Housing Project (“The
Navigation Center”)
▪ Interval Housing Tenant Based
Rental Assistance Program
▪ Families Forward Tenant Based
Rental Assistance Program
▪ Mercy House Tenant Based
Rental Assistance Program
15 Housing Units
12 Housing Units
3 Housing Units
15 Housing Units
6 Housing Unit
7 Housing Units
25 22 Households
15 Households
10 Households
DH-1
DH-1
DH-1
DH-1
DH-2
DH-2
DH-2
DH-2
DH-2
Sustain and Strengthen
Neighborhoods ▪ Special Code Enforcement 600 Housing Units SL-3
Support Social Service
Agencies that Assist
Homeless Populations
▪ Homeless Outreach Program
▪ StandUp for Kids OC – Street
Outreach Program
275 Persons
25 Persons
SL-1
SL-1
Support Social Service
Agencies that Assist Special
Needs Populations
▪ Senior Services, Care
Management 375 Persons SL-1
Preserve Existing Public
Facilities
▪ Central Library ADA Restrooms
Renovation Project 24,225 Persons SL-3
Provide Needed
Infrastructure Improvements
▪ No projects proposed in FY
2018/19. N/A N/A
Provide Needed Community
Services to Low and
Moderate-Income Persons
Youth Services
▪ Children’s Bureau
General Public Services
▪ Oakview Family Literacy
300 Persons
190 Persons
SL-1
SL-1
Provide Economic
Opportunity ▪ Section 108 Loan Repayment Not Applicable EO-1
Planning for Housing and
Community Development
▪ HOME Administration
▪ CDBG Administration
▪ Fair Housing Services
Not Applicable
Not Applicable
Not Applicable
Not
Applicable
Table 1 – 2015-2019 Consolidated Plan Priorities, Implementing Programs, and FY 2018/19 Goals
2. Summarize the objectives and outcomes identified in the Plan
919
Huntington Beach 2018/19 Annual Action Plan 3
See Table above.
3. Evaluation of past performance
HUD requires that grantees provide an evaluation of past performance. Since the current year,
2017/18, is still in progress, the City of Huntington Beach will more fully measure performance
outputs and outcomes for CDBG and HOME under the Consolidated Annual Performance
Evaluation Report (CAPER) which captures progress towards meeting five -year goals and
objectives. Nonetheless, below is a synopsis of what has been accomplished to date.
Decent Housing
• In May 2015, the City issued a Notice of Funding Availability (NOFA) identifying nearly
$2.5 million in available affordable housing funds. The City’s goal was to obtain proposals
for affordable housing projects as well as Tenant-Based Rental Assistance (TBRA)
programs. The City identified homeless, those at risk of homelessness, veterans, seniors,
and victims of domestic violence as the population for which the housing programs should
be targeted. The NOFA was available on the City’s website and was disseminated to local
CHDO’s in the area. The City received five (5) proposals: three (3) proposals for affordable
housing projects, and two (2) proposals for TBRA programs.
• In FY 2015/16, the City entered into a subrecipient agreement with a nonprofit agency,
Interval House, to operate a city-wide Tenant-Based Rental Assistance Program using
tenant selection policies and criteria. The City gave local preference t o households
impacted by homelessness, persons at risk of homelessness, veterans, seniors, and
victims of domestic violence in Huntington Beach. Through the end of FY 2016/17,
Interval House assisted 62 households with rental assistance, and another 13 within the
first six months of FY 2017/18. The City is proposing to renew Interval House’s contract
to provide rental assistance services in FY 2018/19.
• Beginning in October 2016, HOME funding was provided to Mercy House to implement a
second tenant based rental assistance program to very-low and low-income households,
focusing on veterans and seniors. To date Mercy House has provided assistance to 28
households.
• The Residential Rehabilitation Program provides two loan programs. First, the Single-
Family Home Improvement Program provides up to $75,000 to pay for rehabilitation costs
for a single-family home, townhouse, or condominium. Grants are also available to low
income households whose estimated repair costs do not exceed $10,000 for single family
dwellings and mobile homes. Second, the City administers a Multifamily Rental Housing
920
Huntington Beach 2018/19 Annual Action Plan 4
Rehabilitation Program. The program provides up to $75,000 for repairs to duplex, triplex
or four-plex units. The loan provided is a deferred payment loan with an annual interest
rate of 3%. The 2015-2019 Consolidated Plan goal is to fund 75 grants/loans over the five-
year period. A total of 24 loans were funded by the end of FY 2016/17. The program will
continue into FY 2018/19.
• In October 2016, the City approved a Substantial Amendment to the FY 2016/17 Annual
Action Plan to provide $781,220 in HOME funds for an acquisition and rehabilitation
project located at 7792 Barton Drive. The property, now owned by the Orange County
Community Housing Corporation, consists of four rental units, two of which will
eventually be rented to two (2) very low- and two (2) low-income eligible households.
Project was completed in FY 2017/18.
• In December 2016, the City completed an affordable housing project comprised of nine
units at 313 11th Street, Huntington Beach, also known as Project Self -Sufficiency (PSS)
House. Rehabilitation included new exterior stucco, roof, sewer, plumbing, electrical, and
several window and door replacements. The units will be income and rent restricted for
55-years.
Suitable Living Environment
• The City’s Special Code Enforcement program continues to accomplish their goal of
assisting 600 housing units each year in CDBG-eligible areas.
• The City has assisted various public service agencies. While the number of public service
programs assisted with CDBG funds has been reduced due to of decreased CDBG
entitlement funds, the City continues to work towards its goals in providing quality and
effective services youth, homeless, seniors, the disabled, and illiterate adults, as well as
fair housing services funded through Administrative costs, to the Huntington Beach
community.
• The City had a goal to assist 400 persons through the provision of public facility
improvements. To that end, in 2015/16, the City funded the Oak View Class and
Counseling Space Project which intended to provide additional classroom space for the
afterschool recreation program operated at the Oak View Family Resource Center by
Children’s Bureau and the Boys and Girls Club of Greater Huntington Valley. Space was
limited at this location and the additional classroom, office and meeting space was
needed to accommodate various enrichment programs at the facility due to increased
demand for services. The project scope of work was amended in FY 2016/17 to simply
reconfigure the Family Resource Center, rather than providing additional space. The
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Huntington Beach 2018/19 Annual Action Plan 5
newly reconfigured space was completed in FY 2016/17 and eliminated the need for the
remainder of the work.
• City-funded infrastructure improvements included ADA improvements to Public Works
Maintenance Zone 12 in FY 2015/16, Maintenance Zone 10 in FY 2016/17, and
Maintenance Zone 1 in FY 2017/18. The City also awarded $500,000 in CDBG Revolving
Loan Funds to various curb cuts citywide in FY 2017/18. The City has already reached its
Consolidated Plan goal of assisting 1,224 persons in this category.
• CDBG RLF funds in the amount of $600,000 were authorized in 2017/18 for the
Huntington Beach Youth Shelter Roof, Structural, and ADA Improvements. The Youth
Shelter project will benefit homeless youth which seek shelter and assistance through this
facility. The project is currently underway.
Economic Opportunity
• During 2015/16, City staff worked closely with two grassroots groups established in the
Oak View community, one of the most impacted areas of the City, and one in which many
resources have been concentrated in recent years. These efforts included increased
outreach to property owners and residents of the area and expansion of the number of
materials provided in Spanish. These efforts resulted in a bilingual Code Enforcement
officer being specifically hired to serve the Oak View community. Staff has continued to
connect the Fair Housing Foundation to the Oak View community, and they are now non-
voting partners of the Oak View Collaborative, which will give them increased access to
the clientele in need being served out of the Oak View Family Resource Center.
4. Summary of citizen participation process and consultation process
The City developed its 2018/19 Annual Action Plan through extensive consultation and
coordination with housing, social service and healthcare providers; public agencies; and the local
public housing agency as presented below. As a means of gaining input from the public, the City
conducted public hearings and invited comments on the draft Action Plan.
The City followed its Citizen Participation Plan and HUD’s guidelines for citizen and community
involvement in preparation of the Action Plan to encourage citizen participation in the
preparation of the documents.
A draft of the 2018/19 Annual Action Plan was made available for public comment for the
minimum 30-day period (April 5 – May 7, 2018). A City Council public hearing was held on May
922
Huntington Beach 2018/19 Annual Action Plan 6
7, 2018, providing residents and interested parties a final opportunity to comment on the
Consolidated Plan prior to adoption and submittal to HUD.
5. Summary of public comments
See Huntington Beach Citizen Participation Comments in Appendix.
6. Summary of comments or views not accepted and the reasons for not accepting them
The City of Huntington Beach responded to all relevant comments.
7. Summary
The City took numerous steps, including public noticing, advertising and holding public meetings,
to ensure citizen participation in the development of the 2018/19 Action Plan. The Action Plan
addresses key findings of the Consolidated Plan Needs Assessment, including:
• Housing overpayment is the most prevalent housing problem, with 80% of Huntington
Beach's low and moderate income (<80% AMI) renter households facing a cost burden
(>30% of income on housing costs), and 45% facing a severe cost burden (>50% of income
towards housing). Consultation with housing, homeless and public service providers
identify the shortage of affordable rental housing as the most significant issue facing
Huntington Beach's extremely low, low and moderate-income residents.
• Household overcrowding is a far less significant problem than overpayment in Huntington
Beach, and has decreased from 13% of all renters in 2000 to just 5% a decade later (as
documented by the 2007-2011 ACS1). However, certain neighborhoods continue to
experience high levels of overcrowding.
• Many of the workers who make up Huntington Beach's workforce earn modest incomes,
making it challenging to afford to in live in the City where they work. The analysis of rental
housing costs and affordability illustrates that households earning extremely low, low and
moderate incomes cannot afford average market rents in Huntington Beach. Local
occupations priced out of the rental market include: bookkeepers, bus drivers, preschool
teachers, retail sales managers, and food service managers.
• For homeless persons or persons at-risk of becoming homeless, the most significant
problem is the lack of affordable rental housing. This problem has been compounded by
record high rents combined with decreases in public funding previously used to s upport
affordable housing. Surveys of homeless service providers in Huntington Beach identify
1 The American Community Survey (ACS), performed by the U.S. Census Bureau, is an ongoing Census statistical
survey that samples a small percentage of the population every year, and publishes five year averages of this data.
Many of the tables in the Consolidated Plan are "pre-populated" by HUD with data from the 2007-2011 ACS, and
thus the City has utilized the 2007-2011 ACS as the primary data source throughout the Plan.
923
Huntington Beach 2018/19 Annual Action Plan 7
additional affordable housing as the top priority need, followed by the need for additional
substance abuse services, and additional tenant rental assistance.
• The City's Capital Improvement Program (CIP) presents a comprehensive listing of
planned and projected capital project needs based on various long-range plans, goals, and
policies. The 2014/15-2018/19 CIP identifies the following general projects (within low
and moderate-income areas) in need of CDBG funds over the next five years:
✓ Americans with Disabilities Act (ADA) improvements to Police Department lobby
✓ Sidewalk, curb and gutter improvements, including accessibility ramps
924
Huntington Beach 2018/19 Annual Action Plan
8
PR-05 Lead & Responsible Agencies 24 CFR 91.200(b)
1. Describe agency/entity responsible for preparing the Consolidated Plan and those
responsible for administration of each grant program and funding source
The following are the agencies/entities responsible for preparing the Consolidated Plan and
those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency HUNTINGTON BEACH Office of Business Development
CDBG Administrator Kellee Fritzal, Deputy
Director
Office of Business Development
HOME Administrator Kellee Fritzal, Deputy
Director
Office of Business Development
Table 3 – Responsible Agencies
Narrative
The Lead Agency for the 2018/19 Annual Action Plan is the City of Huntington Beach, Office of
Business Development.
Annual Action Plan Public Contact Information
Denise Bazant, Administrative Analyst
City of Huntington Beach
Office of Business Development
2000 Main Street
City Hall
Huntington Beach, CA 92648
Phone: (714) 536-5470
Email: dbazant@surfcity-hb.org
925
Huntington Beach 2018/19 Annual Action Plan
9
AP-10 Consultation - 91.100, 91.200(b), 91.215(l)
1. Introduction
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health and
service agencies (91.215(I)).
The City developed its five-year (2015/16 - 2019/20) Consolidated Plan through consultation with
the Orange County Housing Authority; City departments; health and social service providers; and
adjacent local governments. As a means of gaining input from housing, homeless and social
service providers active in Huntington Beach, the City provided agencies a brief survey requesting
input on services provided, priority needs and gaps in services. A total of twelve (12) agencies
representing special needs populations, and an additional seven (7) housing and homeless
service agencies completed the needs survey, providing direct input into th e Consolidated Plan
Needs Assessment. The detailed results of these agency surveys are provided in the Consolidated
Plan’s Appendix C.
The City formed a Homeless Task Force which met for a nine-month period and has created a list
of recommendations to deal with the homeless problems in the community. In addition, with the
use of CDBG funds, the City employs a part-time Homeless Coordinator who coordinates services
provided to the Homeless. The Coordinator oversees a collaborative comprised of local homeless
service providers and faith-based organizations who conduct monthly meetings with the purpose
of coordinating efforts and sharing information to most effectively address the issue of
homelessness in Huntington Beach.
The Coordinator was joined by two Huntington Beach Police Homeless Liaison Officers, which
were funded separately. In 2018/19, this team will include three pat-time Homeless Case
Managers to further increase the level of service to the homeless population. The Project Self
Sufficiency program has transitioned away from the use of CDBG funding and is now operating
through the support of other resources to provide services to single parents with children.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness
The City of Huntington Beach, through its Homeless Outreach Case Manager, participates in the
Orange County Continuum of Care, led and coordinated by 2-1-1 Orange County and the OC
Community Services. This public - nonprofit partnership helps ensure comprehensive, regional
926
Huntington Beach 2018/19 Annual Action Plan
10
coordination of efforts and resources to reduce the number of homeless and persons at risk of
homelessness throughout Orange County. This group serves as the regional convener of the year-
round CoC planning process and as a catalyst for the involvement of the public and private
agencies that make-up the regional homeless system of care.
The Orange County Continuum of Care system consists of six basic components:
1. Advocacy on behalf of those who are homeless or at-risk of becoming homeless.
2. A system of outreach, assessment, and prevention for determining the needs and conditions
of an individual or family who is homeless.
3. Emergency shelters with appropriate supportive services to help ensure that homeless
individuals and families receive adequate emergency shelter and referrals.
4. Transitional housing to help homeless individuals and families who are not prepared to make
the transition to permanent housing and independent living.
5. Permanent housing, or permanent supportive housing, to help meet the long term needs of
homeless individuals and families.
6. Reducing chronic homelessness in Orange County and addressing the needs of homeless
families and individuals using motels to meet their housing needs.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards and evaluate
outcomes, and develop funding, policies and procedures for the administration of HMIS
The City of Huntington Beach does not receive ESG funds so this is not applicable.
2. Describe Agencies, groups, organizations and others who participated in the process
and describe the jurisdictions consultations with housing, social service agencies and other
entities
Agency/Group/
Organization
Agency/Group/
Organization Type
What section of the Plan was
addressed by Consultation?
How was the Agency/ Group/
Organization consulted and what
are the anticipated outcomes of
the consultation or areas for
improved coordination?
City of Huntington Beach Other government
- Local
Housing Need Assessment
Homeless Needs
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Citizen Participation Advisory Board
(CPAB) and Homeless Collaborative
meetings. City will continue
maintaining its strong relationships
with service providers and local
927
Huntington Beach 2018/19 Annual Action Plan
11
Agency/Group/
Organization
Agency/Group/
Organization Type
What section of the Plan was
addressed by Consultation?
How was the Agency/ Group/
Organization consulted and what
are the anticipated outcomes of
the consultation or areas for
improved coordination?
Economic Development
Non-Housing Community
Development Strategy
Anti-Poverty Strategy
Lead-based Paint Strategy
jurisdictions to implement the 5-
year strategy.
Huntington Beach City
Council Civic Leaders
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Economic Development
Non-Housing Community
Development Strategy
Anti-Poverty Strategy
Public hearings. City Council
members reflect the needs of their
constituents in the community,
which have been reflected in the
needs and priorities identified in
the Plan.
Orange County Housing
Authority PHA
Housing Need Assessment
Public Housing Needs
Market Analysis
Phone interview, email
correspondence. The City will
continue its strong partnership with
the Housing Authority.
AIDS Services Foundation of
Orange County Services - Health Non-Homeless Special Needs
Survey of Service Providers. Citizen
Participation Advisory Board (CPAB)
meeting.
Alzheimer's Family Services
Center Services - Health Non-Homeless Special Needs Survey of Service Providers.
Assistance League,
DreamCatchers Auxiliary
Services -
Homeless Homeless Needs Survey of Service Providers.
Beach Cities Interfaith
Services (BCIS)
Services -
Homeless Homeless Needs
Survey of Housing and Homeless
Service Providers. Homeless
Collaborative Meeting.
Build Futures Services -
Homeless Homeless Needs
Survey of Housing and Homeless
Service Providers. Homeless
Collaborative Meeting.
Children's Bureau Services –
Children Non-Homeless Special Needs Survey of Service Providers. CPAB
meeting.
Collette's Children's Home Services -
Homeless Homeless Needs Phone interview.
Community SeniorServ Services - Elderly
Persons Non-Homeless Special Needs Survey of Service Providers. CPAB
meeting.
CrossPoint Church Services -
Homeless Homeless Needs Survey of Housing and Homeless
Service Providers.
CSP, Huntington Beach
Youth Shelter
Services -
Homeless Homeless Needs Survey of Housing and Homeless
Service Providers.
Dayle McIntosh Center Services - Persons
with Disabilities Non-Homeless Special Needs Survey of Service Providers. CPAB
meeting.
928
Huntington Beach 2018/19 Annual Action Plan
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Agency/Group/
Organization
Agency/Group/
Organization Type
What section of the Plan was
addressed by Consultation?
How was the Agency/ Group/
Organization consulted and what
are the anticipated outcomes of
the consultation or areas for
improved coordination?
Family Literacy Program Services - Children Non-Homeless Special Needs Survey of Service Providers. CPAB
meeting.
Huntington Beach Hospital Services - Health Non-Homeless Special Needs Survey of Service Providers.
Huntington Beach Police
Department
Services -
Homeless
Homeless Needs
Homelessness Strategy
Survey of Housing and Homeless
Service Providers. Homeless
Collaborative Meeting. CPAB
meeting.
Huntington Beach Senior
Services/Senior Outreach
Services - Elderly
Persons Non-Homeless Special Needs Survey of Service Providers. CPAB
meeting.
Mental Health Association of
Orange County
Health Agency Non-Homeless Special Needs Survey of Service Providers.
Project Self-Sufficiency Services -
Homeless Homeless Needs Survey of Service Providers. CPAB
meeting.
Regional Center of Orange
County Services - Health Non-Homeless Special Needs Survey of Service Providers.
Society of St. Vincent de Paul Services -
Homeless Homeless Needs Survey of Housing and Homeless
Service Providers.
St. Vincent DePaul Society,
St. Mary's by the Sea
Services -
Homeless Homeless Needs Survey of Housing and Homeless
Service Providers.
Table 4 – Agencies, groups, organizations who participated
Identify any Agency Types not consulted and provide rationale for not consulting
The City of Huntington Beach developed its Consolidated Plan through consultation with housing,
social and health service providers; local agencies/governments; and the Orange County Housing
Authority. The City is unaware of any Agency types relevant to the Consolidated Plan that were
not consulted.
929
Huntington Beach 2018/19 Annual Action Plan
13
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your
Strategic Plan overlap with the
goals of each plan?
Continuum of Care OC Partnership, 2-1-1 Orange
County and the OC Community
Services.
For the past several years,
leadership and coordination of
Orange County’s Continuum of
Care planning process has been
the shared responsibility of OC
Partnership, 2-1-1 Orange
County and the OC Community
Services. These organizations
use housing and demographic
data obtained through HMIS
and Homeless Counts to
determine needs and to
pinpoint gaps in housing and
services. This in turn helps to
pool and coordinate resources
with the County and cities to
develop coordinated homeless
access and assessment centers.
Huntington Beach participates
in building the regional
continuum of care to address
the homeless and persons at-
risk of homelessness.
Huntington Beach 2013-2021
Housing Element
City of Huntington Beach
Planning Division
The City recently updated its
Housing Element for the 2013-
2021 period. Key housing
policies and programs from the
Housing Element have been
reflected within the
Consolidated Plan.
Orange County Housing
Authority Administrative Plan
Orange County Housing
Authority (OCHA)
The purpose of OCHA’s
Administrative Plan is to
establish policies and
procedures to implement the
Section 8 Program in a manner
consistent with HUD
requirements and local
objectives. The Consolidated
Plan reflects the policies set
forth in the Administrative Plan.
Table 5 – Other local / regional / federal planning efforts
930
Huntington Beach 2018/19 Annual Action Plan
14
AP-12 Participation - 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
The City followed HUD’s guidelines for citizen and community involvement in preparation of this
Annual Action Plan. To encourage citizen participation in the preparation of the documents, the
City undertook several activities as summarized below.
Housing and Community Development Needs Survey
In order to evaluate public opinion of specific housing and community development needs for
the 2015-2019 Consolidated Plan, the City utilized a Needs Survey (in English and Spanish) in
which the respondent was asked to rank the level of need for a particular service , capital
improvement, and public benefit. Questions about specific needs were grouped into these areas:
• Housing Needs;
• Homeless Needs;
• Public Service Needs;
• Infrastructure Needs; and
• Economic Development Needs.
Agency Surveys: Special Needs Service Providers, Housing & Homeless Service Providers
A variety of Agencies providing services to Huntington Beach's low and moderate-income
households, special needs populations, and homeless were provided a brief survey requesting
input on priority needs and gaps in the services provided. A total of nineteen Agencies completed
the survey. The tabulated results of these surveys are included in the Consolidated Plan
Appendix.
Community Meetings
For development of the Consolidated Plan, the Citizen Participation Advisory Board (CPAB)
conducted a public hearing on community needs on January 15, 2015 at Huntington Beach City
Hall, and a second public hearing on community needs and the Consolidated Plan on February 5,
2015. The meeting was conducted at the Oakview Lib rary, with a total of 25 persons providing
public comment on priority needs in the community. The following agencies/programs were
represented: Family Literacy Program, Oakview Children's Bureau/Boys and Girls Club
Afterschool Program, Project Self-Sufficiency, and Huntington Beach Senior Services/Care
Management. The comments received are summarized in the Consolidated Plan Appendix.
931
Huntington Beach 2018/19 Annual Action Plan
15
FY 2018/19 Annual Action Plan
The City of Huntington Beach has a Citizen Participation Plan to guide the City's CDBG citizen
participation process. All citizens are encouraged to participate in the planning, development,
and implementation of the Annual Action Plan. Organizations receiving direct CDBG funding are
in regular contact with City staff. Other organizations are co nsulted as-needed or have been
present at various public hearings held by the City. The City holds advertised public hearings each
year to gather input on community needs as part of the development of the Annual Action Plan
and to advise on the progress of existing subrecipients. In all cases, a Notice of Public Hearing is
published at least 15 days prior to the hearing to provide residents with adequate notice.
A draft 2018/19 Annual Action Plan was made available for public comment for a 30-day period
of April 5, 2018 through May 7, 2018. Public hearings were held on January 4, 2018, and February
1, 2018 and a final public hearing was held on May 7, 2018, providing residents and interested
parties a final opportunity to comment on the Annual Action Plan prior to adoption and submittal
to HUD.
FY 2018/19 Annual Action Plan Amendment No. One (Substantial)
For the FY 2018/19 Annual Action Plan Amendment No. One (Substantial), a draft of the
Amendment was made available for public comment for the minimum 30-day period (August 16
– September 17, 2018). A City Council public hearing will be held on September 17, 2018,
providing residents and interested parties an opportunity to comment on the Amendment prior
to adoption and submittal to HUD.
932
Huntington Beach 2018/19 Annual Action Plan
16
Citizen
Participation
Outreach
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
Comments
received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
Newspaper Ad Non-targeted/
broad
community
A newspaper
advertisement
was made
soliciting public
comment on
community
development
and housing
needs and
priorities and
notified the
public on two
scheduled
public hearings
on 1/4/18 and
2/1/18. Public
notice was
published on
12/14/17 and
1/18/18.
No comments
were received.
No comments
were received.
N/A
Public Hearing Minorities
Non-English
Speaking -
Spanish
Persons with
disabilities
Residents of
Public and
Assisted
Housing
The Citizen
Participation
Advisory Board
(CPAB), a group
of appointed
Huntington
Beach citizens,
held public
hearings on
1/4/18 and
2/1/18 to solicit
input on
housing and
community
development
needs.
See Huntington
Beach Citizen
Participation
Comments in
Appendix.
All comments
received were
accepted.
N/A
933
Huntington Beach 2018/19 Annual Action Plan
17
Citizen
Participation
Outreach
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
Comments
received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
Public Meeting Service
providers and
faith-based
organizations
representing
seniors, youth,
homeless, fair
housing, code
enforcement,
infrastructure
improvements,
and housing
Agencies
requesting
CDBG funding
in FY 2018/19
gave
presentations
and answered
questions from
the CPAB.
Meetings took
place on
2/15/18,
3/1/18, and
3/15/18.
Presentations
from the
various
agencies
covered need
for service in
Huntington
Beach
community and
requested
allocations. A
list of agencies
is provided in
the Huntington
Beach Citizen
Participation
Comments in
Appendix.
All comments
received were
accepted.
N/A
Public Meeting Non-targeted/
broad
community
A joint CPAB
and City
Council study
session was
held on 4/2/18.
See Huntington
Beach Citizen
Participation
Comments in
Appendix.
All comments
received were
accepted.
N/A
Newspaper Ad Non-targeted/
broad
community
A newspaper
advertisement
was made
soliciting public
comment on
the draft FY
2018/19
Annual Action
Plan and to
notify the
public of public
hearing to
adopt the
Annual Action
Plan on 5/7/18.
Public Notice
was published
on 4/5/2018
and 4/19/18.
See Huntington
Beach Citizen
Participation
Comments in
Appendix.
All comments
received were
accepted.
N/A
934
Huntington Beach 2018/19 Annual Action Plan
18
Citizen
Participation
Outreach
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
Comments
received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
Public Hearing Non-targeted/
broad
community
The City
Council held a
public hearing
to adopt the
2018/19
Annual Action
Plan on
5/7/18.
See Huntington
Beach Citizen
Participation
Comments in
Appendix.
All comments
received were
accepted.
N/A
Newspaper Ad Non-targeted/
broad
community
A newspaper
advertisement
was made
soliciting public
comment on
the FY 2018/19
Annual Action
Plan
Amendment
No. One
(Substantial)
and to notify
the public of
public hearing
to adopt the
Amendment on
September 17,
2018. Public
Notice was
published on
August 16,
2018.
See Huntington
Beach Citizen
Participation
Comments in
Appendix.
All comments
received were
accepted.
N/A
935
Huntington Beach 2018/19 Annual Action Plan
19
Citizen
Participation
Outreach
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
Comments
received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
Public Hearing Non-targeted/
broad
community
The City
Council will
hold a public
hearing to
adopt the
2018/19
Annual Action
Plan
Amendment
No. One
(Substantial) on
September 17,
2018.
See Huntington
Beach Citizen
Participation
Comments in
Appendix.
All comments
received were
accepted.
N/A
Table 6 - Citizen Participation Outreach
936
Huntington Beach 2018/19 Annual Action Plan
20
Expected Resources
AP-15 Expected Resources – 91.220(c) (1,2)
Program
Source
of
Funds Uses of Funds
Expected Amount Available Year 3 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG Public-
Federal
Acquisition,
Planning,
Economic
Development,
Housing,
Public
Improvements,
Public Services
$1,155,698 $0 $0 $1,155,698 $1,155,698 Entitlement
funds
allocation plus
estimated
program
income plus
prior-year
resources.
HOME Public-
Federal
Acquisition,
Homebuyer
assistance,
Homeowner
rehab,
Multifamily
rental new
construction,
Multifamily
rental rehab,
New
construction
for ownership,
TBRA
$606,864
$50,000 $741,551
$765,381
$1,398,415
$1,422,245
$606,864 Entitlement
allocation plus
estimated
program
income and
prior-year
resources.
CDBG
Revolving
Loan
Fund
Public-
Federal
Homeowner
Rehab
$0 $250,000 $537,492
$560,562
$787,492
$810,562
$250,000 Loan payoffs
(program
income).
Table 7 - Expected Resources – Priority Table
937
Huntington Beach 2018/19 Annual Action Plan
21
Explain how federal funds will leverage those additional resources (private, state and local
funds), including a description of how matching requirements will be satisfied
Federal funds play a crucial role in implementing the Consolidated Plan. Local private and non -
federal funds are usually insufficient to meet the heavy demand for housing and services in our
community. Agencies receiving CDBG and HOME funds use those funds as a commitment to
receiving other funding sources.
Likewise, the City also leverages other resources among the formula grant programs. For
example, the HOME program is matched by a variety of sources, including: private and public
investment including the use of low income housing tax credits. Other future sources of matching
funds include: inclusionary housing in-lieu fees; residual receipts from loans of the former
Redevelopment Agency; and a State SERAF loan repayment of former Redevelopment Low/Mod
Housing Funds (one-time payment).
HUD requires a 25% match on HOME funds drawn down for affordable housing. Historically, the
City has met the match requirement with the use of former Huntington Beach redevelopment tax
increment funds that were layered with HOME funds in developing afforda ble housing. While
redevelopment tax increment funds are no longer available for future match requirements, the
City has been utilizing a match surplus derived from prior contributions by the former Huntington
Beach Redevelopment Agency in developing affordable housing developments. The City was
required to utilize 20% of these funds to develop low- and moderate- income housing. The City's
match surplus is approximately $3,115,277.
If appropriate, describe publicly owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
Not applicable.
938
Huntington Beach 2018/19 Annual Action Plan
22
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Sort
Order
Goal
Name
Start
Year
End
Year Category
Geographic
Area
Needs
Addressed Funding
Goal Outcome
Indicator
1 Preserve Existing and Create
New Affordable Housing 2018 2019 Affordable Housing Citywide Priority Housing
Needs
$100,000
(CDBG RLF)
$150,000
(CDBG RLF)
$250,000
(CDBG RLF)
$65,000
(CDBG)
Homeowner Units
Rehabilitated –
12 Household Housing
Units
(Owner-Occupied SF,
Condo, and Mobile
Home Grant Program)
Homeowner Units
Rehabilitated –
3 Household Housing
Units
(Owner-Occupied
Single-Family
Rehabilitation Loan
Program)
Homeowner Units
Rehabilitated –
15 Household Housing
Units
(Housing
Rehabilitation Loan
Program; Housing
Rehabilitation Loan
Administration)
939
Huntington Beach 2018/19 Annual Action Plan
23
1
(cont.)
Preserve Existing and Create
New Affordable Housing 2018 2019 Affordable Housing Citywide Priority Housing
Needs
$1,037,729
(HOME)
$600,000
(HOME)
$300,000
$187,078
(HOME)
$250,000
(HOME)
$98,900
(HOME)
Rental Units
Constructed –
6 Household
Housing Units
(Acquisition/Rehab/
New Construction)
Rental Units
Constructed –
7 Household
Housing Units
[15161 Jackson Street
Project (“The
Navigation Center”)]
Tenant-Based Rental
Assistance
25 22 Households
(Interval House TBRA
Program)
Tenant-Based Rental
Assistance
15 Households
(Families Forward
TBRA Program)
Tenant-Based Rental
Assistance
10 Households
(Mercy House TBRA
Program)
940
Huntington Beach 2018/19 Annual Action Plan
24
2 Sustain and Strengthen
Neighborhoods 2018 2019
Non-Housing
Community
Development
Special Code
Enforcement
Areas
Priority Housing
Needs
$190,000
(CDBG)
Housing Code
Enforcement/
Foreclosed Property
Care –
600 Housing Units
(Special Code
Enforcement)
3
Support Social Service Agencies
that Assist Homeless
Populations
2018 2019
Homeless
Non-Housing
Community
Development
Citywide Priority Homeless
Needs
$78,355
(CDBG)
$5,000
(CDBG)
Public service
activities other than
Low/Mod Income
Housing Benefit –
275 Persons Assisted
(Homeless Outreach
Program)
Public service
activities other than
Low/Mod Income
Housing Benefit –
25 Persons Assisted
(StandUp for Kids
Street Outreach
Program)
4
Support Social Service Agencies
that Assist Special Needs
Populations
2018 2019 Non-Homeless
Special Needs Citywide
Priority Special
Needs
Populations
$40,000
(CDBG)
Public service
activities other than
Low/Mod Income
Housing Benefit –
375 Persons Assisted
(Senior Outreach
Program)
941
Huntington Beach 2018/19 Annual Action Plan
25
5 Preserve Existing Public
Facilities 2018 2019
Non-Housing
Community
Development
Low/Mod
Areas
Priority
Community
Facilities
$275,668
(CDBG)
Public Facility or
Infrastructure
Activities other than
Low/Mod Income
Housing Benefit –
24,225 Persons
Assisted
(Central Library ADA
Restrooms Renovation
Project)
6 Provide Needed Community
Services to Low/Mod Persons 2018 2019
Non-Housing
Community
Development
Citywide
Priority
Community
Services
$40,000
(CDBG)
$10,000
(CDBG)
Public service
activities other than
Low/Mod Income
Housing Benefit –
300 Persons Assisted
(Children’s Bureau)
Public service
activities other than
Low/Mod Income
Housing Benefit –
190 Persons Assisted
(Oakview Family
Literacy)
7 Provide Economic Opportunity 2018 2019
Non-Housing
Community
Development
Citywide Economic
Opportunity
$220,536
(CDBG)
Other
(Section 108 Loan
Payment)
8 Planning for Housing and
Community Development 2018 2019 Other:
Administration Not Applicable
Other Housing
and Community
Development
Needs
$60,686
(HOME)
$231,139
(CDBG)
Other –
Not Applicable
(HOME
Administration; CDBG
Administration; Fair
Housing Foundation)
942
Huntington Beach 2018/19 Annual Action Plan
26
Unallocated Funds 2018 2019 N/A N/A N/A
$537,492
$560,562
(CDBG RLF)
$225,581
(HOME)
N/A
(Unallocated Funds)
Table 8 – Goals Summary
943
Huntington Beach 2018/19 Annual Action Plan
27
Goal Descriptions
1 Goal Name Preserve Existing and Create New Affordable Housing
Goal
Description
To the extent possible, based upon the availability of funds and a project’s
viability, HOME funds will be used to assist affordable housing developers in the
acquisition, construction and/or rehabilitation of low-income rental and/or
owner housing units. HOME funds will also be used to fund tenant based rental
assistance efforts. Lastly, the City will use CDBG revolving loan funds for
residential rehabilitation programs for low and moderate-income homeowners.
[Projects: Housing Rehab Loan Program; Owner-Occupied SF, Condo, and
Mobile Home Grant Program; Owner-Occupied Single-Family Rehabilitation
Loan Program; Housing Rehab Loan Administration;
Acquisition/Rehabilitation/New Construction; 15161 Jackson Street SRO
Affordable Housing Project (“The Navigation Center”); Interval House Tenant
Based Rental Assistance Program; Families Forward Tenant Based Rental
Assistance Program; Mercy House Tenant Based Rental Assistance Program]
2 Goal Name Sustain and Strengthen Neighborhoods
Goal
Description
Using CDBG funds, the City will sustain and strengthen neighborhoods by
eliminating unsafe conditions and blight while improving the quality of life of
residents within the community. (Project: Special Code Enforcement)
3 Goal Name Support Social Service Agencies that Assist Homeless Populations
Goal
Description
Using CDBG public service funds, the City will provide homeless outreach
services and case management to Huntington Beach’s homeless population.
(Project: Homeless Outreach Program; StandUp for Kids Street Outreach
Program)
4 Goal Name Support Social Service Agencies that Assist Special Needs Populations
Goal
Description
Using CDBG public service funds, the City will provide assistance to special needs
service providers. (Projects: Senior Care Management)
5 Goal Name Preserve Existing Public Facilities
Goal
Description
Using CDBG funds, the City will provide financial assistance to preserve existing
facilities. (Projects: Central Library ADA Restrooms Renovation Project)
6 Goal Name Provide Needed Community Services to Low/Mod Persons
Goal
Description
Using CDBG public service funds, the City will provide assistance to various social
service agencies for programs for youth, fair housing, anti-crime, and general
public services. Services must benefit at least 51 percent low/mod persons.
(Projects: Children’s Bureau, Oakview Family Literacy Program)
7 Goal Name Provide Economic Opportunity
Goal
Description
Using CDBG funds, the City will support projects and programs targeted to low
and moderate-income business owners, persons wishing to start or expand a
business, or in workforce development. The City will also use CDBG funds to pay
debt service associated with a previous Section 108 Loan. (Projects: Section 108
Loan Repayment)
944
Huntington Beach 2018/19 Annual Action Plan
28
8 Goal Name Planning for Housing and Community Development
Goal
Description
The City will conduct the following administration/planning activities: (1)
General Administration of CDBG and HOME Program, including preparation of
budget, applications, certifications and agreements, (2) Coordination of CDBG-
funded capital improvement projects, (3) Coordination of Public Service
Subrecipients, (4) Coordination of HOME-funded housing projects, (5)
Monitoring of CDBG and HOME projects/programs to ensure compliance with
federal regulations, (6) Preparation of Annual Action Plan, (7) Preparation of the
CAPER; and (8) Fair Housing Foundation counseling, education and enforcement
(CDBG funded). Up to 20% of the annual CDBG entitlement and up to 10% of the
HOME entitlement is allowed for administration activities. (Project: HOME
Administration, CDBG Administration, Fair Housing Foundation)
Estimate the number of extremely low-income, low-income, and moderate-income families to
whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b)
As presented above, the City’s one-year goal is to provide affordable housing opportunities to 46
extremely low, low, and moderate-income households through the following activities:
• Housing Rehabilitation Loan Program: The City will offer rehabilitation assistance to 15
extremely low, low, and moderate-income households.
• Owner-Occupied SF, Condo, and Mobile Home Grant Program: The City offers a one-time
grant not to exceed $10,000 to low-income homeowners for deferred maintenance and
health and safety-related household repairs. Deferred maintenance can include paint,
siding replacement, window and door replacement, roof repair, or removal of any
condition of blight. Household repairs may include restoration or replacement of
inoperable or severely deteriorated plumbing, heating, and electrical systems, structural
and appliance replacement. The City proposes to fund 12 grants in FY 2018/19.
• Owner-Occupied Single-Family Rehabilitation Loan Program: Funded with CDBG
Revolving Loan Funds, the Single-Family Rehabilitation Loan Program offers low-income
homeowners up to $75,000 in deferred payment loans. Individual loans may be increased
by up to $10,000 if deemed necessary to meet HUD HQS requirements and rehabilitation
standards and would require the approval by the Director of Economic Development.
Payment of the principal and accrued interest is deferred until the property is sold,
transferred, or refinanced. In FY 2018/19, the City proposes to fund three loans.
• Acquisition / Rehabilitation / New Construction: Huntington Beach will could pursue
another affordable housing project with at least 6 units to be managed and operated by
a local CHDO. Two projects are currently being reviewed. One project in an adjacent city
could produce approximately 20 single-occupancy units with wrap around services for
homeless individuals; another project could produce up to 50 affordable rental units ;
945
Huntington Beach 2018/19 Annual Action Plan
29
however, these unit counts are preliminary. At the very least, the City anticipates creating
six units of affordable housing in the program year.
• 15161 Jackson Street SRO Affordable Housing Project (“The Navigation Center”): The City
will partner with the local CHDO - American Family Housing, the City of Westminster, and
the County of Orange for the construction of permanent Single Residential Occupancy
units at 15161 Jackson Street in Midway City. Called, “The Navigation Center,” the
proposed project will include rehabilitating the top story of American Family Housing’s
two-floor atrium-style building to establish 7 SRO units for Huntington Beach homeless
individuals. American Family Housing will offer wrap around case management and
homeless services for residents of The Navigation Center.
• Tenant Based Rental Assistance: The City will continue working with Interval House to
provide 25 22 households with short and medium-term rental assistance as well as
housing relocation and stabilization services. Also, via an amendment to the FY 2018/19
Annual Action Plan, the City will offer an additional 15 households tenant based rental
assistance through Families Forward, a non-profit organization committed to helping
families in need to achieve and maintain self-sufficiency through housing, food,
counseling, and other support services. Finally, also as part of the substantial
amendment, the City will again partner with Mercy House to provide 10 households with
tenant based rental assistance in FY 2018/19. The contract with Mercy House will extend
through the end of FY 2019/20.
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Projects
AP-35 Projects – 91.220(d)
The City plans to undertake the following CDBG and HOME funded activities during Fiscal Year
2018/19 to address its priority housing and community development needs. All proposed
activities are eligible and meet program service targets. Additionally, the City of Huntington
Beach has not exceeded any of its maximum allocations for CDBG public services, CDBG
administration, or HOME administration. With a CDBG allocation of $1,155,698, the City of
Huntington Beach is allowed to allocate a maximum of 15%, or $173,355, in public services. This
Annual Action Plan proposes to allocate the maximum 15% in public services towards the
following activities: Homeless Outreach Program ($78,355); Senior Services Care Management
($40,000); Children’s Bureau ($40,000); StandUp for Kids Street Outreach ($5,000); and the
Oakview Family Literacy Program ($10,000). CDBG regulations also permit a maximum allocation
of 20%, or $231,139, for CDBG administration activities. The City has allocated $201,139 for CDBG
Administration and $30,000 to the Fair Housing Foundation, for a total of $2 31,139, the
maximum allowed. Lastly, a maximum of 10%, or $60,686, in HOME administration activities is
allowed to be allocated in FY 2018/19. The City has allocated this amount for the HOME Program
Administration activity in the Annual Action Plan.
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Projects
# Project Name
Housing Rehabilitation Loan Program
1 Owner-Occupied SF, Condo, and Mobile Home Grant Program
2 Owner-Occupied Single-Family Rehabilitation Loan Program
3 Housing Rehabilitation Loan Administration
4 City/CHDO Housing Project (Acquisition/Rehabilitation/New Construction)
15161 Jackson Street SRO Affordable Housing Project (“The Navigation Center”)
5 Interval House Tenant Based Rental Assistance (TBRA) Program
6 Families Forward Tenant Based Rental Assistance (TBRA) Program
7 Mercy House Tenant Based Rental Assistance (TBRA) Program
8 Special Code Enforcement
9 Homeless Outreach Program
10 StandUp for Kids Street Outreach Program
11 Senior Services – Care Management
12 Central Library ADA Restroom Renovation Project
13 Oak View Community Center – Children’s Bureau
14 Oakview Family Literacy
15 Section 108 Loan Repayment
16 HOME Administration
17 CDBG Administration
18 Fair Housing Foundation
19 Unallocated HOME Funds
20 Unallocated CDBG RLF Funds
9
(2017) RLF Youth Shelter Roof, Structural and ADA Improvements
11
(2017) RLF Curb Cuts in Maintenance Zones Citywide
Table 9 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
The Housing and Homeless Needs Assessment of the Consolidated Plan discusses housing need
by income category. Income levels identified are 1) extremely low-income; 2) very low-income,
and; 3) low- and moderate-income households. Based on HUD recommendations, general
relative priorities for funding will be as follows:
HIGH PRIORITY: Activities to address this need will be funded during the five-year period.
MEDIUM PRIORITY: If funds are available, activities to address this need may be funded by the
City during the five-year period. The City may also use other sources of funds and take actions to
locate other sources of funds.
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LOW PRIORITY: It is not likely the City will fund activities to address this need during the five-year
period.
The highest priority has been assigned to the needs of the lowest in come residents, based on the
assumption that in this high cost real estate market, they are at greater risk of displacement,
homelessness or other serious housing situations due to limited financial resources and other
limitations they may face.
The Consolidated Plan identifies several obstacles in meeting underserved needs, including the
high and sustained demand for public services, as well as the shortage of funding to address the
community's needs.
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AP-38 Project Summary
Project Summary Information
1 Project Name Housing Rehab Loan Program
Target Area Citywide
Goals Supported Preserve Existing and Create New Affordable
Housing
Needs Addressed Priority Housing Needs
Funding CDBG RLF: $250,000
Description Eligibility Citation: 24 CFR 570.202 - Housing/Rehab:
Single Unit Residential
National Objective Citation: 24 CFR 570.208(a)(3) -
Low Mod Housing Benefit
The City of Huntington Beach Housing Rehabilitation
Loan Program provides emergency grants and low
interest loans to low and very low-income families
who need repairs to their homes. The City is
proposing to use CDBG Revolving Loan Funds to fund
the grants and loans. The Huntington Beach
Rehabilitation Loan Program (RLP) has been
administered by the Office of Business Development
since the early 1970’s.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
15 housing units
Location Description Citywide
Planned Activities Same as description.
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1 Project Name Owner-Occupied SF, Condo, and Mobile Home
Grant Program
Target Area Citywide
Goals Supported Preserve Existing and Create New Affordable
Housing
Needs Addressed Priority Housing Needs
Funding CDBG RLF: $100,000
Description Eligibility Citation: 24 CFR 570.202 - Housing/Rehab:
Single Unit Residential
National Objective Citation: 24 CFR 570.208(a)(3) -
Low Mod Housing Benefit
The City offers a one-time grant not to exceed
$10,000 to low-income homeowners for deferred
maintenance and health and safety-related
household repairs. Deferred maintenance can
include paint, siding replacement, window and door
replacement, roof repair, or removal of any condition
of blight. Household repairs may include restoration
or replacement of inoperable or severely
deteriorated plumbing, heating, and electrical
systems, structural and appliance replacement. The
City proposes to fund 12 grants in FY 2018/19.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
12 housing units
Location Description Citywide
Planned Activities Same as description.
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2 Project Name Owner-Occupied Single-Family Rehabilitation Loan
Program
Target Area Citywide
Goals Supported Preserve Existing and Create New Affordable
Housing
Needs Addressed Priority Housing Needs
Funding CDBG RLF: $150,000
Description Eligibility Citation: 24 CFR 570.202 - Housing/Rehab:
Single Unit Residential
National Objective Citation: 24 CFR 570.208(a)(3) -
Low Mod Housing Benefit
Funded with CDBG Revolving Loan Funds, the Single-
Family Rehabilitation Loan Program offers low-
income homeowners up to $75,000 in deferred
payment loans. Individual loans may be increased by
up to $10,000 if deemed necessary to meet HUD HQS
requirements and rehabilitation standards and would
require the approval by the Director of Economic
Development. Payment of the principal and accrued
interest is deferred until the property is sold,
transferred, or refinanced. In FY 2018/19, the City
proposes to fund three loans.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
3 housing units
Location Description Citywide
Planned Activities Same as description.
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3 Project Name Housing Rehab Loan Administration
Target Area Citywide
Goals Supported Preserve Existing and Create New Affordable
Housing
Needs Addressed Priority Housing Needs
Funding CDBG: $65,000
Description Eligibility Citation: 24 CFR 570.202 (b)(9) – Rehab
Administration
National Objective Citation: 24 CFR 570.208 (a)(3) –
Housing Activities
The City of Huntington Beach Housing Rehabilitation
Grant and Loan Program provides emergency grants
and low interest loans to low and very low-income
families who need repairs to their homes. The City is
requesting a grant in the amount of $65,000 to pay
for operational costs associated with the City’s two
Rehabilitation Programs, which has been
administered by the Office of Business Development
since the early 1970’s.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
15 housing units
Location Description Citywide
Planned Activities Same as description.
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3 Project Name City/CHDO Housing Project
(Acquisition/Rehabilitation/New Construction)
Target Area Citywide
Goals Supported Preserve Existing and Create New Affordable
Housing
Needs Addressed Priority Housing Needs
Funding HOME: $1,037,729
Description Eligibility Citation: 24 CFR 92.205(a)(1) -
Acquisition/Rehabilitation/New Construction
National Objective Citation: 24 CFR 570.208(a)(3) -
Low Mod Housing Benefit
While the exact number and type of families that will
benefit from a City/CHDO Housing Project is still to be
determined, the amount of HOME funds available for
affordable housing is approximately $892,000. The
City in interested in funding a project that will provide
wrap around services for the City’s homeless
population.
Target Date To be determined.
Estimate the number and type of families that will
benefit from the proposed activities
Approximately 6 LMI families will benefit from the
proposed activity.
Location Description To be determined.
Planned Activities Same as description.
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4 Project Name 15161 Jackson Street SRO Affordable Housing
Project (“The Navigation Center”)
Target Area Citywide
Goals Supported Preserve Existing and Create New Affordable
Housing
Needs Addressed Priority Housing Needs
Funding HOME: $600,000
Description Eligibility Citation: 24 CFR 92.205(a)(1) -
Acquisition/Rehabilitation/New Construction
National Objective Citation: 24 CFR 570.208(a)(3) -
Low Mod Housing Benefit
The City will partner with the local CHDO - American
Family Housing, the City of Westminster, and the
County of Orange for the construction of permanent
Single Residential Occupancy units at 15161 Jackson
Street in Midway City. Called, “The Navigation
Center,” the proposed project will include
rehabilitating the second story of American Family
Housing’s two-floor atrium-style building to establish
7 SRO units for homeless individuals. American
Family Housing will offer wrap around case
management and homeless services for residents of
The Navigation Center.
Target Date June 30, 2021
Estimate the number and type of families that will
benefit from the proposed activities
Approximately 7 homeless households will benefit
from the proposed activity.
Location Description 15161 Jackson Street, Midway City, CA
Planned Activities Same as description.
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5 Project Name Interval House Tenant Based Rental Assistance
(TBRA) Program
Target Area Citywide
Goals Supported Preserve Existing and Create New Affordable
Housing
Needs Addressed Priority Housing Needs
Funding HOME: $300,000 $187,078
Description Eligibility Citation: 24 CFR 92.205(a)(1) – Tenant
Based Rental Assistance
National Objective Citation: 24 CFR 570.208(a)(3) -
Low Mod Housing Benefit
The City will continue working with Interval House to
provide 25 22 households with short and medium-
term rental assistance as well as housing relocation
and stabilization services. The TBRA Program will
meet the City's investment criteria by dedicating
program assistance to homeless households with
incomes at or below 30% AMI with preference to
veterans, seniors, and victims of domestic violence.
Target Date 06/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
25 22 households
Location Description Citywide.
Planned Activities Same as description.
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6 Project Name Families Forward Tenant Based Rental Assistance
(TBRA) Program
Target Area Citywide
Goals Supported Preserve Existing and Create New Affordable
Housing
Needs Addressed Priority Housing Needs
Funding HOME: $250,000
Description Eligibility Citation: 24 CFR 92.205(a)(1) – Tenant
Based Rental Assistance
National Objective Citation: 24 CFR 570.208(a)(3) -
Low Mod Housing Benefit
The City will contract with Families Forward, a non-
profit organization to provide 15 households with
short and medium-term rental assistance. Families
Forward will also assist households with case
management, housing navigation, and supportive
services.
Target Date 06/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
15 households
Location Description Citywide.
Planned Activities Same as description.
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7 Project Name Mercy House Tenant Based Rental Assistance
(TBRA) Program
Target Area Citywide
Goals Supported Preserve Existing and Create New Affordable
Housing
Needs Addressed Priority Housing Needs
Funding HOME: $98,900
Description Eligibility Citation: 24 CFR 92.205(a)(1) – Tenant
Based Rental Assistance
National Objective Citation: 24 CFR 570.208(a)(3) -
Low Mod Housing Benefit
The City will enter into a new two-year agreement
with Mercy House for administration of a TBRA
program. It is estimated that 10 households will be
served in FY 2018/19.
Target Date 06/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
10 households
Location Description Citywide.
Planned Activities Same as description.
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8 Project Name Special Code Enforcement
Target Area Special Code Enforcement Areas
Goals Supported Sustain and Strengthen Neighborhoods
Needs Addressed Priority Housing Needs
Funding CDBG: $190,000
Description Eligibility Citation: 24 CFR 570.202 (c) - Code
Enforcement
National Objective Citation: 24 CFR 570.208 (a)(1) -
Low Mod Area Benefit
Funding for the Special Code Enforcement Program
will be used to support salaries for one (2) full-time
Code Enforcement Officers. As the City ages, certain
areas within the City of Huntington Beach need
ongoing, proactive property maintenance
inspections by Code Enforcement to maintain a safe
environment. Thus, with continued code
enforcement efforts, the quality of life and housing
standards are maintained. The Special Code
Enforcement Program benefits the community
overall by upgrading the housing stock within
deteriorating and deteriorated areas.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
600 housing units
Location Description Special Code Enforcement Areas.
Planned Activities Same as description.
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9 Project Name Homeless Outreach Program
Target Area Citywide
Goals Supported Support Social Service Agencies that Assist
Homeless Populations
Needs Addressed Priority Homeless Needs
Funding CDBG: $78,355
Description Eligibility Citation: 24 CFR 570.201 (c) - Operating
Costs of Homeless/AIDS Patients Programs
National Objective Citation: 24 CFR 570.208 (a)(2) -
Low/Mod Limited Clientele Benefit
This project will fund one part-time Homeless
Outreach Coordinator who oversees these efforts,
and three part-time Homeless Case Managers who
works in conjunction with the 2 Homeless Police
Liaison Officer's and Coordinator. These part-time
individuals, in conjunction with two police officers,
are strictly dedicated to homeless outreach and
enforcement issues, and comprise the City's
Homeless Task Force. The funded positions are
absolutely vital to the success of the unit, as each
homeless client has unique needs. A great deal of
personal follow-up, effort, resource connection and
behavioral modification is necessary to create a
successful outcome in obtaining and maintaining
housing, which is the ultimate goal of the Homeless
Task Force.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
275 persons (homeless)
Location Description Citywide
Planned Activities Same as description.
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10 Project Name StandUp for Kids Street Outreach Program
Target Area Citywide
Goals Supported Support Social Service Agencies that Assist
Homeless Populations
Needs Addressed Priority Homeless Needs
Funding CDBG: $5,000
Description Eligibility Citation: 24 CFR 570.201 (c) - Operating
Costs of Homeless/AIDS Patients Programs
National Objective Citation: 24 CFR 570.208 (a)(2) -
Low/Mod Limited Clientele Benefit
StandUp for Kids Orange County's weekly Street
Outreach Program is a county-wide program where
volunteer staff scout Orange County streets
searching for youth who are currently unsheltered or
unstably housed. StandUp for Kids serves teens and
youth (ages 12 - 24) who are homeless, at-risk, aging-
out of foster care, or runaways to equip them with
the tools they need to transition from life on the
street to a life of stability and opportunity. The Street
Outreach program provides basic services (food,
clothing, hygiene items, and survival kits) as well as
medical assistance and compassionate mentoring.
Each city program is supported by a Program Director
who is responsible for making connections with key
contacts in the city, supervising all weekly city visits,
organizing and training all volunteers, and
maintaining records of clients served. City residents
will benefit by the addition of productive citizens to
the city's population.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
25 persons (homeless)
Location Description Citywide
Planned Activities Same as description.
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11 Project Name Senior Services Care Management
Target Area Citywide
Goals Supported Support Agencies that Assist Special Needs
Populations
Needs Addressed Priority Special Needs
Funding CDBG: $40,000
Description Eligibility Citation: 24 CFR 570.201(e) - Public
Services/Senior Services
National Objective Citation: 24 CFR 570.208(a)(2) -
Low Mod Limited Clientele Benefit
Senior Services Care Management focuses on the
unmet needs of at-risk older adults by providing
services aimed toward successful aging in place. Care
Management, Home Delivered Meals, and
Transportation are designed to assist frail and
homebound seniors remain in their own homes
safely while enhancing their quality of life. Senior
Outreach Care Managers work with and assist at-risk
seniors, consult with families and caregivers, and
collaborate with service providers to help develop a
plan for late life. Care Managers are a source of
information and support to Huntington Beach
residents regarding any complicated aging issues.
Case Management services improve the quality of life
of older adults and those who care for them. Services
include: assessment, care planning, education,
advocacy, application and connection to benefits,
home delivered meals, emergency food,
transportation, end of life planning, home
improvement and safety, personal emergency
response systems, and emotional support. CDBG
funds will be used towards the funding of two half-
time Care Managers, whom provide services to
approximately 375 extremely low, low and moderate
incomes, frail, at-risk, and homebound seniors.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
375 persons (seniors)
Location Description The Senior Services Care Management Program is
located at 18041 Goldenwest Street, Huntington
Beach; however, the service is available to elderly
persons citywide.
Planned Activities Same as description.
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12 Project Name Central Library ADA Restroom Renovation Project
Target Area Citywide
Goals Supported Provide Needed Infrastructure Improvements
Needs Addressed Priority Infrastructure Improvements
Funding CDBG: $275,668
Description Eligibility Citation: 24 CFR 570.201(c) - Public Facilities
and Infrastructure Improvements/Other
National Objective Citation: 24 CFR 570.208(a)(2) -
Low Mod Limited Clientele Benefit
The Public Works Department proposes to design and
construct renovations to the main floor Men's and
Women's restrooms in the original section of the
Central Library. These renovations will be designed by
a professional architect to create ADA-compliant
restrooms, thereby improving accessibility to this
facility for individuals with disabilities.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
24,225 persons
Location Description 7111 Talbert Avenue, Huntington Beach, CA 92648
Planned Activities Same as description.
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13
Project Name Children’s Bureau
Target Area Citywide
Goals Supported Provide Needed Community Services to Low and
Moderate Persons
Needs Addressed Priority Community Services
Funding CDBG: $40,000
Description Eligibility Citation: 24 CFR 570.201(e) - Public
Services/Youth Services
National Objective Citation: 24 CFR 570.208(a)(2) -
Low Mod Limited Clientele Benefit
Children’s Bureau is committed to providing
vulnerable children, especially in the early years, the
foundation necessary to become caring and
productive adults by: 1) preventing child abuse and
neglect; 2) protecting, nurturing, and treating abused
children; 3) enhancing the potential of families and
communities to meet the needs of their children; and
4) advancing the welfare of children and families
through superior programs in child development,
parent education, mental health, research and
advocacy. CDBG funds will be used to provide an
after school drop-in recreation program in a safe
environment, promoting healthy activity, social
interaction, and fun as an alternative to
unsupervised, unstructured, high-risk activity. CDBG
funds will pay for staff, supplies, equipment, and
services.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
300 persons (youth)
Location Description Oakview Enhancement Area.
Planned Activities See description.
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14 Project Name Oakview Family Literacy Program
Target Area Citywide
Goals Supported Provide Needed Community Services to Low and
Moderate Persons
Needs Addressed Priority Community Services
Funding CDBG: $10,000
Description Eligibility Citation: 24 CFR 570.201(e) - Public
Services/Other Public Services
National Objective: 24 CFR 570.208(a)(2) - Low Mod
Limited Clientele Benefit
CDBG funds will be used to operate the Family
Literacy Program which provides one-to-one and
small group tutoring so that low-income adults in
Huntington Beach can improve their ability to
understand, speak, read, and write in English.
Increased English literacy skills give adults improved
ability to function on the job and in the community
and help their children succeed in school. Basic
computer workshops increase computer literacy
necessary for adults to function in the 21st century.
Having a literate citizenry makes a safer and more
successful community for all.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
190 persons
Location Description Citywide
Planned Activities Same as description.
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15 Project Name Section 108 Loan Repayment
Target Area Citywide
Goals Supported Provide Economic Opportunity
Needs Addressed Economic Opportunity
Funding CDBG: $220,536
Description Eligibility Citation: 24 CFR 570, Subpart M - Planned
Repayments of Section 108 Loans
National Objective Citation: Not Applicable
A Section 108 Loan used for the annual loan payment
for rehabilitation of the historic City Gym and Pool.
CDBG funds will be used to repay the existing Section
108 loan.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
Not applicable.
Location Description Not applicable.
Planned Activities Same as description.
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16 Project Name HOME Program Administration
Target Area Citywide
Goals Supported Planning for Housing and Community Development
Needs Addressed Other Housing and Community Development Needs
Funding HOME: $60,686
Description Eligibility Citation: 24 CFR 92.207(a) - General
Management, Oversight and Coordination
National Objective Citation: Not Applicable
The City of Huntington Beach Office of Business
Development is responsible for administering the
HOME program. Up to 10 percent of the HOME
allocation will be used to provide for staffing and
other program administration costs associated with
the HOME program, including planning, reporting,
monitoring, and IDIS setup and maintenance.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
Not applicable.
Location Description Not applicable.
Planned Activities Same as description.
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17 Project Name CDBG Program Administration
Target Area Citywide
Goals Supported Planning for Housing and Community Development
Needs Addressed Other Housing and Community Development Needs
Funding CDBG: $201,139
Description Eligibility Citation: 24 CFR 570.206(a) - Administration
and Planning/General Program Administration
National Objective Citation: Not Applicable
The City will conduct the following
administration/planning activities: (1) General
Administration of CDBG Program, including
preparation of budget, applications, certifications
and agreements; (2) Coordination of CDBG-funded
capital improvement projects; (3) Coordination of
Public Service Subrecipients, (4) Coordination of
HOME-funded housing projects; (5) Monitoring of
CDBG projects/programs to ensure compliance with
federal regulations; (6) Preparation of the Annual
Action Plan; (7) Preparation of the CAPER; and (8) Fair
Housing Foundation counseling, education and
enforcement. Up to 20% of the annual CDBG
entitlement is allowed for administration activities.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
Not applicable.
Location Description Not applicable.
Planned Activities Same as description.
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18 Project Name Fair Housing Foundation
Target Area Citywide
Goals Supported Provide Needed Community Services to Low and
Moderate Persons
Needs Addressed Priority Community Services
Funding CDBG: $30,000
Description Eligibility Citation: 24 CFR 570.206(c) -
Administration and Planning/Fair Housing
Activities
National Objective Citation: Not Applicable
The Fair Housing Foundation (FHF) offers a
comprehensive Fair Housing Program that meets
the HUD CDBG requirement to affirmatively
further fair housing and includes the following
services: 1) discrimination complaint counseling,
intake, investigations, and resolutions; 2)
education and outreach services; 3) general
housing (tenant/landlord) counseling, mediations,
assistance, resolution, and referrals; and 4)
affirmatively further fair housing activities to
address the Analysis of Impediments to Fair
Housing Choice.
Target Date 6/30/2019
Estimate the number and type of families that will
benefit from the proposed activities
Not applicable.
Location Description Citywide.
Planned Activities Same as description.
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19 Project Name Unallocated CDBG Revolving Loan Funds
Target Area Not applicable
Goals Supported Not applicable
Needs Addressed Not applicable
Funding CDBG RLF: $537,492 $560,562
Description Unallocated CDBG Revolving Loan Funds
Target Date Not applicable
Estimate the number and type of families that will
benefit from the proposed activities
Not applicable
Location Description Not applicable
Planned Activities Not applicable
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20 Project Name Unallocated HOME Funds
Target Area Not applicable
Goals Supported Not applicable
Needs Addressed Not applicable
Funding HOME: $225,581
Description Unallocated HOME Funds
Target Date Not applicable
Estimate the number and type of families that will
benefit from the proposed activities
Not applicable
Location Description Not applicable
Planned Activities Not applicable
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9
(2017)
Project Name Youth Shelter Roof, Structural and ADA
Improvements
Target Area Citywide
Goals Supported Provide Needed Infrastructure Improvements;
Provide Needed Community Services to Low and
Moderate Persons
Needs Addressed Priority Infrastructure Improvements
Funding CDBG Revolving Loan Fund: $600,000 $525,000
Description Eligibility Citation: 24 CFR 570.201(c) - Public
Facilities and Infrastructure Improvements/Other
National Objective Citation: 24 CFR 570.208(a)(2) -
Low Mod Limited Clientele Benefit
Homeless youth utilize the Huntington Beach Youth
Shelter, a City-owned facility, for access to safe,
temporary shelter and services, including family
reunification, as well as legal, medical, and
psychological support. CDBG funds will be allocated
to this project from Unbudgeted Revolving Loan
Funds to replace the existing roof and associated
structural improvements, as well as ADA
improvements to the building and the parking lot.
Target Date 9/30/2018 6/30/2019
Estimate the number and type of families that
will benefit from the proposed activities
216 persons (homeless youth)
Location Description 7291 Talbert Avenue, Huntington Beach, CA 92648
Planned Activities Same as description.
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11
(2017)
Project Name Curb Cuts in Maintenance Zones Citywide
Target Area Citywide
Goals Supported Provide Needed Infrastructure Improvements;
Needs Addressed Priority Infrastructure Improvements
Funding CDBG Revolving Loan Fund: $500,000 $575,000
Description Eligibility Citation: 24 CFR 570.201(c) - Public
Facilities and Infrastructure Improvements/Other
National Objective Citation: 24 CFR 570.208(a)(2) -
Low Mod Limited Clientele Benefit
Residents and visitors with disabilities citywide
utilize ADA ramps to access street intersections
when traveling on city sidewalks. Unbudgeted
Revolving Loan Funds CDBG funds will be allocated
to this project to construct curb ramps at various
locations in areas which have which has been
evaluated for specific pavement and concrete
improvements.
Target Date 9/30/2018 6/30/2019
Estimate the number and type of families that
will benefit from the proposed activities
24,225 persons (disabled)
Location Description Various locations
Planned Activities Same as description.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low -income and
minority concentration) where assistance will be directed
Huntington Beach is an urbanized coastal community located in northwestern Orange County,
California. Much of the City’s residentially designated land has already been developed. Future
residential development rests primarily upon the recycling of existing parcels and infill
development. Surrounding Huntington Beach are the cities of Seal Beach to the northwest,
Westminster to the northeast, Fountain Valley and Costa Mesa to the east, Newport Beach to
the southeast, and the Pacific Ocean to the southwest.
The City utilizes CDBG and HOME funds for projects and programs operated citywide. However,
the majority of CDBG-funded infrastructure and facility projects are targeted to the most-needy
neighborhoods: those census tracts where 47.83% or more of the residents are low- or moderate-
income.
Specifically, for Special Code Enforcement activities, the City has identified deteriorated areas
based on observed violations of the Uniform Housing Code. This effort was undertaken to
determine geographical areas meeting the U.S. Department of Housing and Urban Development
(HUD) guidelines to utilize Community Development Block Grant (CDBG) funding for special code
enforcement and preservation activities in deteriorating areas. From this survey, staff identified
four geographical areas that met the criteria for a deteriorating area, as well as meeting the CDBG
national objective of serving low and moderate-income households:
• Bolsa Chica – Heil
• East – Central
• South – Central
• Southeast
These four areas of concentrated deteriorated housing have been designated as Special CDBG
Code Enforcement areas and have become the focus of increased code enforcement and
neighborhood preservation efforts to improve the quality of life and condition of housing . With
the release of HUDs updated 2014 Low and Moderate-Income Summary Data, however, several
of the census block groups within the four Special CDBG Code Enforcement areas no longer
qualify as low and moderate income (minimum 47.83% low/mod households). Thus, the City will
no longer utilize CDBG funds for code enforcement in the areas that do not qualify.
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Geographic Distribution
Target Area Percentage of Funds
Low/Mod Income Areas 0.3%
Special Code Enforcement Areas 5.7%
Citywide 94.0%
Table 10 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
All public service programs, ADA improvement projects, and housing projects funded with CDBG
or HOME will be available citywide to eligible persons. The City will also allocate CDBG funds for
special code enforcement and preservation activities in Special Code Enforcement Areas that
have been identified as deteriorated based on the observance of violations of the Uniform
Housing Code. These areas include Bolsa Chica-Heil; East-Central; South-Central; and Southeast.
Public facility and public infrastructure projects will be targeted to neighborhoods where 47.83%
or more of residents are low and moderate income.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
One Year Goals for the Number of Households to be Supported
Homeless 31 54
Non-Homeless 15
Special-Needs
Total 46 69
Table 11 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through
Rental Assistance 25 47
The Production of New Units 6 7
Rehab of Existing Units 15
Acquisition of Existing Units
Total 46 69
Table 12 - One Year Goals for Affordable Housing by Support Type
Discussion
The City will continue working with Interval House to provide 25 22 households with short and
medium-term rental assistance as well as housing relocation and stabilization services. The TBRA
Program will meet the City's investment criteria by dedicating program assistance to homeless
households with incomes at or below 30% AMI with preference to veterans, seniors, and victims
of domestic violence. The City will allocate $300,000 $187,078 in 2018/19 HOME funds to this
effort, with an additional $187,078 to be allocated in FY 2019/20. The contract with Interval
House will expire on June 30, 2020.
The City will also contract with Families First to provide an additional Tenant Based Rental
Assistance Program for 15 households in FY 2018/19. Families First is a non-profit organization
committed to helping families in need achieve and m aintain self-sufficiency through housing,
food, counseling, and other support services. The program will run through June 30, 2020 with
an allocation of $250,000 in HOME for FY 2018/19 and $271,500 in FY 2019/20.
A third contract for the administration of a Tenant Based Rental Assistance program will be
entered with Mercy House. Mercy House will be allocated $98,900 in HOME funds in FY 2018/19
and another $302,500 in the second year of implementation (FY 2019/20). The City projects 10
households will be assisted in FY 2018/19.
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Also, pursuant to a substantial amendment to this Annual Action Plan, the City proposes to
allocate $600,000 in HOME funds to support a joint effort with the local CHDO – American Family
Housing (AFH), the City of Westminster, and the County of Orange, to construct approximately
13 single resident occupancy (SRO) units at 15161 Jackson Street, Midway City, seven of which
will be covenanted by the City of Huntington Beach. The property is already owned by American
Family Housing; however, the project will include major rehabilitation to convert the top story of
their atrium-style building to establish the SRO units. The project, dubbed “The Navigation
Center” will be used as transitional housing for Huntington Beach and Westminster homeless
residents. American Family Housing will provide wrap around case management and homeless
services to The Navigation Center tenants.
Secondly, HOME funds in the amount of $1,037,729 are available for an affordable housing
project and can support the production of approximately six affordable units. While a specific
project is yet to be determined, City staff is currently exploring two projects, one in Huntington
Beach and another in Midway City, that will each provide wrap-around services for homeless
persons. An amendment to this Annual Action Plan will be submitted once an Affordable Housing
Agreement has been established for one or both of these projects.
Lastly, the City will use CDBG Revolving Loan Funds to continue the City’s Residential
Rehabilitation Grant and Loan Programs with a goal of assisting 15 homeowners total.
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AP-60 Public Housing – 91.220(h)
Introduction
The City of Huntington Beach does not have any public housing developments. However,
Huntington Beach is one of a number of cities that benefits from the services of the Orange
County Housing Authority (OCHA), which is currently managing over 1,000 Housing Choice
Vouchers for residential units within Huntington Beach (February 2015); 58 of these were
Veterans Affairs Supportive Housing Vouchers, 15 were Family Unification Vouchers, and 45 were
Shelter Plus Care vouchers for formerly homeless disabled households. Elderly households
comprise 43% of the City’s Section 8 recipients (434 households), indicative of several large senior
housing complexes with significant numbers of Section 8 tenants. The City also has a high
proportion of disabled households receiving Section 8 (over 400 households), although many of
these households are also likely to be seniors.
OCHA last opened its Housing Choice Voucher waiting list in February 2012, during which it
received 48,298 applications for assistance. Of the total applicants, 24,756 were living within
Orange County, 3,262 were working in the County but living elsewhere, and 20,280 were living
and working outside the County. Waiting list statistics highlight both the tremendous need for
affordable housing in Huntington Beach, and the need to assist a variety of family needs from
differing demographics. The data indicates the need to serve special needs populations that are
disabled and/or homeless, as well as the growing need to serve the expanding senior citizen
population.
Actions planned during the next year to address the needs to public housing
Not applicable. However, the City will send out letters to all apartment owners, encouraging
them to rent to people participating in the Tenant Based Rental Assistance and Section 8
programs.
Actions to encourage public housing residents to become more involved in management and
participate in homeownership
Not applicable.
If the PHA is designated as troubled, describe the manner in which financial assistance will be
provided or other assistance
Not applicable.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
Throughout the country and the Los Angeles and Orange County region, homelessness has
become an increasing challenge. Factors contributing to the rise in homelessness include a lack
of housing affordable to low- and moderate-income persons, increases in people living below
poverty levels, reductions in subsidies to the poor, drug/alcohol abuse, and de -
institutionalization of the mentally ill. As described in greater detail in Section MA-30 Homeless
Facilities and Services in the Consolidated Plan, the City of Huntington Beach has been actively
engaged in numerous activities to decrease homelessness and provide effective and efficient
support to local non-profits that provide services to this population. In March 2015, the City
Council authorized formation of a Homeless Task Force Subcommittee to coordinate homeless
and housing efforts and provide City support and guidance regarding services. The Task Force is
keeping the City Council apprised of issues and services and makes recommendations as needed.
In addition, the Office of Business Development and the Huntington Beach Police Department
utilized CDBG public service funds for one part-time Homeless Coordinator and up to three part-
time Homeless Case Mangers to serve as the City's point persons for homeless issues. Funding
will continue in 2018/19.
Once every two years, Orange County undertakes an effort to enumerate all of the sheltered and
unsheltered homeless people within the county in a given twenty‐four-hour period. This effort,
known as the Homeless Point‐in‐Time (PIT) Count, is congressionally mandated for all
communities that receive U.S. Department of Housing and Urban Development (HUD) funding
for homeless programs. The most recent PIT in Orange County was held on a single night in
January 2017 with the assistance of over 40 homeless service providers.
The January 2017 PIT count enumerated 4,792 homeless individuals in Orange County, reflecting
an almost eight percent increase from the 2015 count of 4,251, and an almost 13 percent increase
from the 2013 count of 4,251 homeless persons. Of the 4,792 homeless persons counted in 2017,
54% are unsheltered (2,584) and 46% are sheltered (2,206).
The Orange County Point in Time Count does not provide specific information by jurisdiction.
However, the 2014 Homeless Conditions Report and Recommendations commissioned by the
City of Huntington Beach (prepared by City Net) estimates 283 homeless individuals within the
City. This figure generally correlates with the Huntington Beach Police Department estimates of
200 unsheltered homeless at any given time in the City because Police Officers would likely be
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referring to unsheltered homeless individuals, which are more readily visible and identifiable as
homeless.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness
including
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City of Huntington Beach is committed to addressing homelessness. In March 2014, the City
Council conducted a study session on homelessness in the community, including a presentation
by the Executive Director of the Orange County Commission to End Homelessness and the City's
Police Chief. Subsequently, the City contracted with City Net, a collaborative organization, to
conduct research on the scope and scale of the homeless issues in Huntington Beach, provide an
asset map of homeless services and resources, and deliver recommendations about how to
strategically leverage existing assets and resources in the community to address the problem.
City Net’s findings and recommendations are summarized below:
1. The City possesses an abundance of non-profit organizations, faith congregations, local
businesses, and community groups that are eager for collaborative solutions to ending
homelessness in Huntington Beach.
2. The groups listed above are decentralized both structurally and geographically.
3. The City should invest in coordinating these resources without aggregating them or
investing in heavy infrastructure.
4. A proactive connection should be established between the non-profit and faith
communities to City safety personnel and other first responders.
5. The City should invest in a multi-sector collective impact collaborative which would meet
regularly to achieve goals over the course of 12-months.
Prior to publication of the City Net Homeless Conditions Report, a former Huntington Beach
Mayor coordinated the "Huntington Beach Homeless Collaborative" comprised of various
homeless service providers and faith-based organizations. The Collaborative conducts monthly
meetings at the Central Library with the purpose of: gathering resource information useful in
dealing with the homeless issue; developing an information and referral system for collaborative
members; establishing partnerships with the City; and coordinating activities between homeless
service providers. City staff from the Police Department, Community Services, and the City
Manager’s Office/Office of Business Development attend these meetings.
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The City's Police Department recently engaged the services of the Coast to Coast Foundation, a
non-profit Police Officer Liaison Program (POLP) designed to eliminate resource barriers and
support law enforcement homelessness teams. Coast to Coast partners with police departments
throughout Orange County, providing a model that balances enforcement with outreach.
Resources include: Homeless Liaison Officer (HLO) kits for daily patrol, 24/7 locker locations kits,
homeless relocation, trained outreach team, community campaign/education and
empowerment in support of law enforcement. The City's Police Department and Coast to Coast
have created a volunteer program specifically designed to the needs of Huntington Beach. The
volunteers engage in monthly outreach efforts to the homeless and have experienced great
success.
On March 16, 2015, the City Council authorized the creation and establishment of a seven -
member Homeless Task Force to make recommendations to the City Council regarding programs
and services for the homeless. Subsequently, the Task Force created six Homeless Task Force
Sub-Committees on the following topics: Police; Housing; Coordination of Services & Economic
Self-Sufficiency; and Health Services. The Task Force is coordinated by the Office of Business
Development with assistance from the Police Department, and the Homeless Outreach
Coordinator. On March 22, 2016, the Task Force presented 22 recommendations to the City
Council.
Since the establishment of the Homeless Task Force, many accomplishments have been made to
date: Presentations from a variety of homeless organizations including Beach Cities Interfaith
Services, OC Health Care Agency, Share Ourselves, the Illumination Foundation, Fresh Beginnings,
and the Pasadena and Orange Police Departments; and Creation of six homeless sub-committees
who have provided the Task Force with many recommendations to address safety, housing,
services, economic self-sufficiency, and health services.
The City Council established a City Council Homeless Task Force Subcommittee, consisting of
three (3) City Councilmembers, to monitor the implementation of recommendations made by
the Homeless Task Force in 2016.
The Office of Business Development and the Police Department have been granted continued
CDBG public service funds for FY 2018/19 to fund the current part-time Homeless Coordinator
position to serve as the City's point person for homeless issues, as well as three part-time case
manager/social worker. The Homeless Coordinator acts as liaison with the Police Department,
non-profit organizations and for-profit groups such as mental health centers, hospitals, churches,
shelters, addiction centers and rehabilitation programs. The Coordinator will assist the Police
Department in locating shelter beds for the homeless and rehabilitation (detox) beds for those
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in need of assistance and provide wrap-around services for homeless clientele. In addition, both
the coordinator and the case manager/social worker help to coordinate City services regarding
homeless encampments and public information.
Lastly, beginning in FY 2018/19, the City will be funding the StandUp for Kids Street Outreach
Program where volunteer staff scout streets of Huntington Beach s earching for youth who are
currently unsheltered or unstably housed. StandUp for Kids serves teens and youth (ages 12 - 24)
who are homeless, at-risk, aging-out of foster care, or runaways to equip them with the tools
they need to transition from life on the street to a life of stability and opportunity. The Street
Outreach program provides basic services (food, clothing, hygiene items, and survival kits) as well
as medical assistance and compassionate mentoring.
Addressing the emergency shelter and transitional housing needs of homeless persons
The City has and will continue to address the emergency shelter and transitional housing needs
of homeless and homeless families through support of homeless programs such as the
Huntington Beach Youth Emergency Shelter, Interval House, Families Forward, and Mercy House.
Through the City's Homeless Task Force, the City will also support the provision of emergency
housing and services by Beach Cities Interfaith Services and the local faith-based community. The
City has also created a Homeless Outreach Coordinator and a Homeless Case Manger position
who are responsible for creating relationships with the homeless and to provide services with an
eye toward bringing their homelessness to an end.
Another way the City is addressing the transitional housing needs of homeless persons is through
the proposed project at 15161 Jackson Street in Midway City, “The Navigation Center.” The
property is owned by the local CHDO, American Family Housing (AFH). The City of Huntington
Beach is working with AFH, the City of Westminster, and the County of Orange to construct single
family occupancy units to be used as transitional housing for homeless households. The SRO units
will be located on the second floor of the property. American Family Housing proposes to provide
wrap around homeless services to the tenants of The Navigation Center.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
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recently homeless from becoming homeless again
In an ongoing effort to continue to address the needs of the homeless and those at risk of
homelessness, the City will focus on the development of sustainable and effective programming,
including: applying for short and long-term available funding; partnerships with experienced
service providers capable of leveraging other funding; the ability to create or secure affordable
housing; perform homeless case management; and engage the homeless through a street
outreach component in order to better connect them to available services. The City’s goal is to
expand on current homeless programs and activities with a greater emphasis on homeless
veterans and families to assist with their successful transition toward self -sufficiency.
In FY 2015/16, the also City entered into a subrecipient agreement with a nonprofit agency,
Interval House, to operate a city-wide Tenant-Based Rental Assistance Program using tenant
selection policies and criteria. The City gave local preference to households impacted by
homelessness, persons at risk of homelessness, veterans, seniors, and victims of domestic
violence in Huntington Beach. The program has, to date, provided rental assistance to 62
households and with continued funding into FY 201 8/19, proposes to assist an additional 25 22
families.
The City has also partnered with Mercy House to implement a second Tenant Based Rental
Assistance program targeting low and very-low income seniors, veterans, and homeless. The
program has provided assistance to 18 households to date. In FY 2018/19, the City will enter into
a new two-year contract with Mercy House to continue implementation of their program.
Approximately 10 households will be served during the first year. This activity is added to this
Annual Action Plan via a substantial amendment.
Finally, also as part of the amendment to this Annual Action Plan, the City will fund another two-
year contract with Families Forward to provide 15 households in FY 2018/19 and another 15
households in FY 2019/20 with tenant based rental assistance.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: being discharged from publicly funded
institutions and systems of care (such as health care facilities, mental health facilities, foster
care and other youth facilities, and corrections programs and institutions); or, receiving
assistance from public or private agencies that address housing, health, social services,
employment, education, or youth needs.
To help prevent homelessness and protect at-risk populations, Huntington Beach will continue
to participate in the Orange County Continuum of Care System to provide assistance to persons
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at risk of becoming homeless. In addition, the City continues to pursue opportunities to expand
its affordable housing inventory to benefit primarily low-income renters.
The City does not receive Emergency Shelter Grants (ESG) or Housing Opportunities for Persons
with AIDS (HOPWA) funding and therefore is not required to develop a discharge coordination
policy. However, the City will continue to address a discharge coordination policy with the Orange
County Housing Authority and the Continuum of Care Homeless Issues Task Force.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction
Huntington Beach has a strong history of supporting affordable housing. The City has adopted
numerous provisions in its Zoning Ordinance that facilitate a range of residential development
types and encourage affordable housing. In addition, the City and its former Redevelopment
Agency have provided direct financial assistance to support affordable and mixed income housing
projects. The loss of Redevelopment Housing Funds, which previously generated approximately
$3 million per year for housing activities, will dampen the level of future affordable housing
production in the City.
In addition to funding constraints, the primary barrier to the provision of affordable housing in
Huntington Beach is the lack of vacant land suitable for residential development. Separate
owners of smaller parcels hold much of the underdeveloped and residentially zoned land in the
City. This calls for alternative policy tools such as lot consolidation and/or demolition of existing
older structures to accommodate higher density infill development. Th rough adoption of the
Downtown and Beach and Edinger Corridors Specific Plans, the City has provided opportunities
for high density mixed use and residential infill.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment
Through the administration of the CDBG and HOME programs, every effort is made to remove
barriers to affordable housing through agreements with for-profit and non-profit affordable
housing developers. These efforts also include working with neighborhood residents to ensure
affordable housing projects are acceptable. Ongoing monitoring of “for sale” affordable units is
conducted by department staff by assuring that the affordable housing covenants are recorded
on title when the unit is sold. To address the decline in sources of housing funds, the City will
continue to advocate for and pursue federal, state, local and private funding sources for
affordable housing.
Additionally, as part of the City’s Housing Element update, the City must assess and to the extent
feasible, mitigate, its governmental constraints to housing for lower and moderate-income
households and persons with disabilities. The Housing Element addre sses the City’s provisions
for affordable housing, emergency shelters, transitional housing, and supportive housing. The
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following programs in the City's 2013-2021 Housing Element specifically address the variety of
regulatory and financial tools used by the City to remove barriers and facilitate the provision of
affordable housing:
Program 2. Multi-family Acquisition/Rehabilitation through Non-Profit Developers
Objective: Acquire, rehabilitate, and establish affordability covenants on 80 rental units.
Program 7. Residential and Mixed-Use Sites Inventory
Objective: Maintain current inventory of vacant and underutilized development sites, and
provide to developers along with information on incentives.
Program 8. Beach and Edinger Corridors Specific Plan
Objective: Facilitate development through flexible, form based standards, and streamlined
processing. Encourage affordable housing by requiring inclusionary units to be provided
on-site, or within the Specific Plan, and providing additional incentives for increased
percentages of affordable units.
Program 10. Inclusionary Program and Housing Trust Fund
Objective: Continue implementation and re-evaluate Ordinance to provide consistency
with case law and market conditions. Establish in-lieu fee amount for projects between
10-30 units.
Program 11. Affordable Housing Development Assistance
Objective: Provide financial and regulatory assistance in support of affordable housing.
Provide information on incentives to development community.
Program 13. Affordable Housing Density Bonus
Objective: Continue to offer density bonus incentives as a means of enhancing the
economic feasibility of affordable housing development.
Program 14. Development Fee Assistance
Objective: Continue to offer fee reductions to incentivize affordable housing. Specify the
waiver of 100% of application processing fees in the Code for projects with 10% extremely
low-income units.
Program 15. Residential Processing Procedures
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Objective: Provide non-discretionary development review within the Beach and Edinger
Corridors Specific Plan. Adopt streamlined review procedures for multi-family
development on a Citywide basis.
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AP-85 Other Actions – 91.220(k)
Introduction
Actions planned to address obstacles to meeting underserved needs
The City of Huntington Beach has identified long-range strategies, activities and funding sources
to implement the goals in the areas of housing and community development services for the
benefit of the residents.
• The City will continue to seek other resources and funding sources to address the biggest
obstacle to meeting the community's underserved needs, which is the lack of funding
and/or inadequate funding.
• The City will look for innovative and creative ways to make its delivery systems more
comprehensive and will continue existing partnerships with both for-profit and not-for-
profit organizations.
• The City will use HOME and CDBG funds to concentrate on both affordable rental housing,
tenant-based rental housing, and homeowner rehabilitation programs.
• The City is currently addressing certain housing needs with federal funds such as
availability, condition, and fair housing practices to prevent homelessness.
• The City is also addressing community development needs with federal funds such as
infrastructure, improving public facilities and code enforcement.
• The City is working with surrounding jurisdictions on a regional approach to meeting the
underserved needs.
Actions planned to foster and maintain affordable housing
The City’s Consolidated Plan has identified the preservation of existing, and the creation of new,
affordable housing as a priority need during the 2015/16 – 2019/20 timeframe.
In May 2015, the City issued a Notice of Funding Availability (NOFA) identifying nearly $2.5 million
in available affordable housing funds. The City’s goal was to obtain proposals for affordable
housing projects as well as a proposed Tenant-Based Rental Assistance (TBRA) program. The City
identified homeless, those at risk of homelessness, veterans, seniors, and victims of domestic
violence as the population for which the housing programs should be targeted. The NOFA was
available on the City’s website and was disseminated to local CHDO’s in the area. The City
received five (5) proposals: three (3) proposals for affordable housing projects, and two (2)
proposals for TBRA programs. Because the May 2015 NOFA proved unsuccessful in negotiating
the development of an affordable housing project, the City issued a new NOFA, after which it
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opted to work with the local CHDO, Orange County Community Housing Corporation (OCCHC) to
develop a rental four-plex located at 7792 Barton Drive in Huntington Beach. The project was
awarded $781,220 in HOME funding in October 2016 via substantial amendment to the FY
2016/17 Annual Action Plan. The project is complete but for the final drawdown.
In response to the solicitation for a tenant based rental assistance program provider, Interval
House was selected to administer such a program in September 2015. Interval House was chosen
because of its extensive experience in providing services to households impacted by domestic
violence, and because it already works closely with the City’s Police Department in providing
housing for eligible households. Additionally, Interval House implemented the City’s
Homelessness Prevention and Rapid Re-Housing (HPRP) program, a similar federal funding
program that provided assistance to homeless and at at-risk persons to alleviate homelessness
and provide rapid re-housing. During FY 2018/19, the City will continue to work with Interval
House to provide tenant-based rental assistance to an additional 25 22 households. The program
will continue to target homeless, persons at risk of homelessness, veterans, seniors, and victims
of domestic violence in Huntington Beach.
The City has also partnered with Mercy House to implement a second Tenant Based Rental
Assistance program targeting low and very-low income seniors, veterans, and homeless. The
program has provided assistance to 18 households to date and the program will continue through
the end of FY 2017/18. The program will continue through FY 2019/20 via a new two-year
contract with Mercy House. This program is added to this Annual Action Plan by substantial
amendment. The program will be allocated $98,900 in HOME funds in FY 2018/19 with a goal to
assist 10 households.
Via the amendment to this Annual Action Plan, the City will also fund a new two-year contract
with Families Forward to provide 15 households in FY 2018/19 and another 15 households in FY
2019/20 with tenant based rental assistance.
Finally, part of this amendment is an allocation of $600,000 in HOME funds for The Navigation
Center located at 15161 Jackson Street in Midway City. The project proposes to construct
approximately 7 single family occupancy units to be rented solely to Huntington Beach residents.
The property is owned by the local CHDO, American Family Housin g. The City is partnering with
AFH, the City of Westminster, and the County of Orange on this endeavor.
The City is still committed to reviewing proposals for affordable housing projects and is currently
considering two potential projects that will provide rent-restricted units to homeless persons.
Staff would like to see the projected include wrap-around services for these homeless persons.
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One project being considered will be located within the City, while the other project is located in
Midway City.
Finally, in past years, the City has provided funding support to local public service agencies such
as AIDS Services Foundation that address the service needs of the homeless and those at risk of
becoming homeless. However, continued reductions in the City’s CDBG entitlements have
resulted in the cutback of such funding support in recent years. The City hopes to reinstate
funding support in the future should CDBG entitlement amounts sufficiently increase to allow for
additional agencies to receive funding.
Actions planned to reduce lead-based paint hazards
As a means of better protecting children and families against lead poisoning, in 1999 HUD
instituted revised lead-based paint regulations focused around the following five activities:
• Notification
• Lead Hazard Evaluation
• Lead Hazard Reduction
• Ongoing Maintenance
• Response to Children with Environmental Intervention Blood Lead Level
The City has implemented HUD Lead Based Paint Regulations (Title X), which requires federally
funded rehabilitation projects to address lead hazards. Lead -based paint abatement is part of
the City's Residential Rehabilitation Program and the Acquisition/Rehabilitation of Affordable
Rental Housing Program. Units within rental housing projects selected for rehabilitation are
tested if not statutorily exempt. Elimination or encapsulation remedies are implemented if lead
is detected and is paid for by either the developer of the project, or with CDBG or HOME funds,
as appropriate.
To reduce lead-based paint hazards in existing housing, all housing rehabilitation projects
supported with federal funds are tested for lead and asbestos. W hen a lead-based paint hazard
is present, the City or the City’s sub-grantee contracts with a lead consultant for abatement or
implementation of interim controls, based on the findings of the report. Tenants are notified of
the results of the test and the clearance report. In Section 8 programs, staff annually inspects
units on the existing program and new units as they become available. In all cases, defective paint
surfaces must be repaired. In situations where a unit is occupied by a household with child ren
under the age of six, corrective actions will include testing and abatement if necessary, or
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abatement without testing.
Actions planned to reduce the number of poverty-level families
The City’s major objectives in reducing poverty within Huntington Be ach are to:
• Reduce the number of families on welfare;
• Reduce the number of families needing housing subsidies; and
• Increase economic opportunities for low and moderate-income persons.
The City’s anti-poverty strategy seeks to enhance the employability of residents through the
promotion and support of programs which provide employment training and supportive services,
while expanding employment opportunities through the support of programs supporting
business development and employment and its recently-completed Economic Development
Strategy.
In terms of employment training and supportive services, the City supports literacy programs for
families (Oakview Family Literacy Program) with a combination of General Funds and CDBG that
help enhance the employability of low income persons with deficient English speaking, reading,
and writing skills. As funding permits, the City will continue to support the following Public
Services to increase family stability for lower income households:
• Counseling
• Domestic Violence Prevention Services
• Provision of food
• Substance Abuse Services
• Job Training
Lastly, the City of Huntington Beach supports a variety of economic development activities that
help to create and retain jobs for low- and moderate-income households. Activities supported
include a commercial property locator; employment assistance including of a referral service for
finding and training employees; financial assistance through the Small Business Administration;
business counseling and training via a litany of not-for-profit Orange County agencies; technical
assistance in permits, trademarks, environmental review, and taxes; and export and trade
assistance. Micro-enterprise assistance, job training services, and technical assistance are some
areas that may warrant consideration for funding during the Consolidated Plan period.
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The City will fully comply with Section 3 of the Housing and Community Development Act, which
helps foster local economic development and individual self-sufficiency. This set of regulations
require that to the greatest extent feasible, the City will provide job training, employment, and
contracting opportunities for low or very low-income residents in connection with housing and
public construction projects.
Actions planned to develop institutional structure
As the recipient of CDBG and HOME funds, the City has delegated the Office of Business
Development to be the lead department responsible for the overall administration of HUD
grants. In that regard, the Division will prepare the Consolidated Plan and Analysis of
Impediments to Fair Housing Choice every five years, draft the Annual Action Plan and CAPER, as
well as all other reports required by federal rules and regulations.
The City will work with non-profit agencies, for-profit developers, advocacy groups, clubs, and
organizations, neighborhood leadership groups, City departments and with the private sector to
implement the City’s five-year strategy to address the priority needs outlined in the Consolidated
Plan for Fiscal Years 2015/2016 – 2019/2020. Engaging the community and stakeholders in the
delivery of services and programs for the benefit of low to moderate residents will be vital in
overcoming gaps in service delivery. The City will also utilize public notices, Community
Workshops and Meetings (as appropriate), the City’s website, and other forms of media to deliver
information on carrying out the Consolidated Plan strategies.
Actions planned to enhance coordination between public and pri vate housing and social
service agencies
In an ongoing effort to bridge the gap of various programs and activities, the City has developed
partnerships and collaborations with local service providers and City departments that have been
instrumental in meeting the needs and demands of the homeless, low income individuals and
families, and other special needs. Over the years, the City has expanded partnerships and created
new ones along the way. The array of partners include, but are not limited to: the Huntington
Beach Police Department, Library Services, Community Services, and Public Works Departments;
American Family Housing, Habitat for Humanity, Interval House, Mercy House, Collete’s
Children’s Home, and AMCAL; Orange County Community Housing Corporation; Jamboree
Housing; Community SeniorServ; AIDS Services Foundation; Project Self Sufficiency; Alzheimer’s
Family Services; Fair Housing Foundation; the Orange County Housing Authority; and 2-1-1
Orange County and OC Community Services (Orange County Contin uum of Care). During FY
2018/19, the City will continue to develop these partnerships. Specifically, the City is currently
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working with the City of Westminster, the County or Orange, and American Family Housing to
construct new SRO units for homeless persons at AFH’s property located at 15161 Jackson Street,
Midway City.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l) (1,2,4)
Introduction
The City of Huntington Beach participates in HUD's CDBG Program that is used for creating decent
affordable housing, suitable living environments, and economic opportunities. The program year
(2018/19) will begin on July 1, 2018. The FY 2018/19 CDBG allocation is $1,155,698 which will be
used to implement CDBG projects and programs during the program year.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in
the Projects Table. The following identifies program income that is available for use that is
included in projects to be carried out.
1. The total amount of program income that will have been received before
the start of the next program year and that has not yet been reprogrammed
$0
2. The amount of proceeds from section 108 loan guarantees that will be
used during the year to address the priority needs and specific objectives
identified in the grantee's strategic plan
$0
3. The amount of surplus funds from urban renewal settlement s $0
4. The amount of any grant funds returned to the line of credit for which the
planned use has not been included in a prior statement or plan.
$0
5. The amount of income from float-funded activities $0
Total Program Income $0
Other CDBG Requirements
1. The amount of urgent need activities $0
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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
The City of Huntington Beach participates in HUD’s HOME Program that can be used to promote
affordable housing in the City through activities such as rental housing development and tenant-
based rental assistance. The 2018/19 Program Year will commence on July 1, 2018. The FY
2018/19 HOME allocation is $606,864, and along with prior year funds of $741,551 $765,381,
and $50,000 in estimated program income, the City will have $1,398,415 $1,422,245 available to
implement HOME projects and programs during the program year.
1. A description of other forms of investment being used beyond those identified in Section
92.205 is as follows:
The City will provide grants, interest-bearing and non-interest-bearing deferred payment
loans or residual receipts loans permitted under 24 CFR 92.206 (b) (1). The City will not
institute other forms of investment forms not described in the aforementioned section nor
provide loan guarantees described under 24 CFR 92.206 (b) (21).
2. A description of the guidelines that will be used for resale or recapture of HOME funds
when used for homebuyer activities as required in 92.254, is as follows:
The City is not administering a homebuyer program with CDBG or HOME funds as part of its
2018/19 Annual Action Plan. The Annual Plan, therefore, does not describe resale or
recapture guidelines as required in 92.254.
3. A description of the guidelines for resale or recapture that ensures the affordability of units
acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
The City is not administering a homebuyer program with CDBG or HOME funds as part of its
2018/19 Annual Action Plan. The Annual Plan, therefore, does not describe resale or
recapture guidelines that ensure the affordability of units acquired with HOME funds as
required in 92.254 (a)(4).
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that
is rehabilitated with HOME funds along with a description of the refinancing guidelines
required that will be used under 24 CFR 92.206(b), are as follows:
The City is not proposing to use HOME funds to refinance existing debt secured by multifamily
housing rehabilitated with HOME funds. Thus, since the City does not propose to undertake
refinancing, the City is not required to discuss its financing guidelines required under 24 CFR
92.206(b).
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APPENDIX A
CERTIFICATIONS
996
997
998
999
1000
APPENDIX B
APPLICATION FOR FEDERAL ASSISTANCE
(SF 424) FOR CDBG PROGRAM
1001
1002
1003
1004
APPENDIX C
ASSURANCES – CONSTRUCTION PROGRAM
(SF 424D) FOR CDBG PROGRAM
1005
1006
1007
APPENDIX D
APPLICATION FOR FEDERAL ASSISTANCE
(SF 424) FOR HOME PROGRAM
1008
1009
1010
1011
APPENDIX E
ASSURANCES – CONSTRUCTION PROGRAMS
(SF 424D) FOR HOME PROGRAM
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APPENDIX F
PUBLIC NOTICES
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APPENDIX G
CITIZEN PARTICIPATION COMMENTS
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CITIZEN PARTICIPATION ADVISORY BOARD
PUBLIC HEARING ON COMMUNITY NEEDS/PRIORITIES
Date: January 4, 2018, 6:00 pm
Attendees:
CPAB
1. Peter Andres
2. Shelly Grace-Bowers
3. Chris Byrne
4. Ken Evans
5. Mike Massie
6. Paul Morrow
7. Donna Traversi
Huntington Beach City Staff:
1. Office of Business Development – Kellee Fritzal, Deputy Director
2. Office of Business Development – Denise Bazant, Administrative Analyst
Public Comments
• Michelle Yerke, on behalf of the Senior Outreach Program. She indicated that through the
City’s CDBG allocation the program provides support to the City’s frail, homebound
elderly seniors so that they may remain in their homes.
• Chris Slama, on behalf of the Department of Community Services said he will facilitate the
Senior Outreach and Children’s Bureau application submittals.
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CITIZEN PARTICIPATION ADVISORY BOARD
PUBLIC HEARING ON COMMUNITY NEEDS/PRIORITIES
Date: February 1, 2018, 6:30 pm
Attendees:
CPAB
1. Peter Andres
2. Shelly Grace-Bowers
3. Chris Byrne
4. Paul Morrow
5. Donna Traversi
City Council
1. Barbara Delgleize
Huntington Beach Staff
1. Office of Business Development – Kellee Fritzal, Deputy Director
2. Office of Business Development – Denise Bazant
Public Comments
• None
Public Hearing on Community Needs of Low and Moderate-Income Persons for the 2018-19
Annual Action Plan
The following persons addressed the Board:
• Irene Briggs, on behalf of the Family Literacy Program
• Alicia Cruz, on behalf of the Boys and Girls Club Afterschool Recreation Program
• Michelle Yerke, on behalf of the Senior Outreach Program
• Laurie Moncrief, on behalf of Family Literacy Program
• Alejandra Morales, on behalf of the Boys and Girls Club Afterschool Recreation Program
• Kelsy Maldonado, on behalf of the Boys and Girls Club Afterschool Recreation Program
• Olivia Flores, on behalf of the Boys and Girls Club Afterschool Recreation Program
• Martha Valencia, on behalf of Family Literacy Program
• Ned Lazaro, on behalf of Family Literacy Program
• Lorena Loya, on behalf of the Family Literacy Program
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• Marisol Lezuma, on behalf of the Boys and Girls Club Afterschool Recreation Program
• Claudia Soriano, on behalf of Family Literacy Program
• Colomba Garcia, on behalf of the Family Literacy Program
• Joan Gillinger, on behalf of the Family Literacy Program
• Sandra Mendez, on behalf of the Family Literacy Program
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CITIZEN PARTICIPATION ADVISORY BOARD MEETING
Date: February 15, 2018, 6:00 pm
Attendees:
CPAB
1. Peter Andres
2. Chris Byrne
3. Ken Evans
4. Paul Morrow
5. Donna Traversi
Huntington Beach City Staff:
1. Office of Business Development – Kellee Fritzal, Deputy Director
2. Office of Business Development – Denise Bazant, Administrative Analyst
Public Comments
• None
2018/19 Community Development Block Grant Application Presentations
Presentations were made by the applicants scheduled for the evening and various questions
were asked by CPAB members and answered by the applicants. Presentations were made as
follows:
• Fair Housing Foundation – Kellee Fritzal announced that Fair Housing Council was not able
to attend meeting, due to illness.
• Amy Crepeau, representing the Oak View Branch Library, with a request of $10,000 for
the Oakview Family Literacy Program.
• Jerry Thompson of the Huntington Beach Public Works Department, with a request of
$314,500 for Central Library ADA Restrooms Renovation.
• Rich Massi and Devin Appel of the Community Development Department representing
Code Enforcement, with a request of $241,248 for Special Code Enforcement in the Oak
View community and other designated CDBG areas.
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• Buffy Moelke, representing Community Senior Serv, Inc., with a request of $20,000 for
the Congregate Lunch Program and $20,000 for the Home Delivered Meals Progra m.
• Madeline Hirneise, representing Families Forward – Landlord Recruitment & Housing
Navigation for Homeless Families, with a request of $45,000 for Landlord recruitment and
housing navigation services by a Housing Resource Specialist.
• Deb Johnson and Emily English representing Second Chance Orange County, with a
request of $20,000 for staffing costs providing job training services to low -income and
homeless, sober individuals with past drug and alcohol addiction.
• Justine Palmore, representing StandUp for Kids Orange County, with a request of $15,124
for supplies and necessities for servicing homeless/at risk youth in Huntington Beach.
• Denise Bazant, of the Office of Business Development, with a request of $65,000 for
administration of the Housing Rehabilitation Loan program.
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CITIZEN PARTICIPATION ADVISORY BOARD MEETING
Date: March 1, 2018, 6:00 pm
Attendees:
CPAB
1. Peter Andres
2. Shelly Grace-Bowers
3. Chris Byrne
4. Ken Evans
5. Mike Massie
6. Paul Morrow
7. Donna Traversi
Huntington Beach City Staff
1. Office of Business Development – Kellee Fritzal, Deputy Director
2. Office of Business Development – Denise Bazant, Administrative Analyst
Public Comments
2018/19 Community Development Block Grant application presentations were made by the
applicants scheduled for the evening and various questions were asked by CPAB members and
answered by the applicants. Presentations were made as follows:
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JOINT CPAB / CITY COUNCIL STUDY SESSION MEETING
Date: April 2, 2018, 6:00 pm
Attendees:
City Council Members CPAB Members
1. William O’Connell
2. Lyn Semeta
3. Erik Peterson
4. Mike Posey
5. Barbara Delgleize
6. Jill Hardy
7. Patrick Brenden
1. Mike Massie
2. Paul Morrow
Huntington Beach City Staff
1. Office of Business Development – Kellee Fritzal, Deputy Director
2. Office of Business Development – Denise Bazant, Administrative Analyst
Public Comments
• None.
Study Session – Presentation by City staff and members of the Citizen Participation Advisory
Board (CPAB) on Community Development Block Grant (CDBG) Funding Recommendations
• Deputy Director of Economic Development Kellee Fritzal presented a PowerPoint
communication entitled CPAB 2018-19 Recommendations with titled slides: Estimated
HUD Allocations 2018-19, CDBG Allocation Process, 2018-19 CPAB Recommendations for
Community Development Block Grant Funding, Public Services 15% Cap (3), Admin,
Housing & Code Enf., Public Improvements, Staff Recommendation, 2018/19 HOME,
2018/19 HOME Projects, Next Steps, and Questions
• Mayor Pro Tem Peterson and staff discussed funding amounts referenced for Homeless
Outreach and HB Public Library/Oakview Family Literacy.
• Councilmember Delgleize voiced her opinion of the importance of both the Homeless
Outreach and the Oakview Family Literacy efforts.
• Councilmember Brenden and staff discussed details for Senior Care Management, the
Section 108 loan, and funding of the Central Library restroom renovation. Councilmember
Brenden stated his support for finding ways to direct more funding for the homeless.
• Councilmembers O'Connell and Semeta concurred they would like to see more funding
available for homeless issues, and Deputy Director Fritzal explained there are some other
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funding options.
• Councilmember Hardy expressed her support for the CPAB recommendations because
they have looked at all of the details, including other funding sources.
• Mayor Posey, CPAB members and staff recognized funding caps, discussed bringing in
new programs, and highlighted basic services provided.
• Mayor Posey echoed each Councilmember's appreciation for the time and effort that staff
and CPAB members put into these recommendations.
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CITY COUNCIL PUBLIC HEARING
Date: May 7, 2018, 6:00 pm
Attendees:
City Council Members
1. Lyn Semeta
2. Erik Peterson
3. Mike Posey
4. Barbara Delgleize
5. Jill Hardy
6. Patrick Brenden
Huntington Beach City Staff
1. Office of Business Development – Kellee Fritzal, Deputy Director
2. Office of Business Development – Denise Bazant, Administrative Analyst
Public Comments
• None.
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City of Huntington Beach
File #:18-337 MEETING DATE:10/1/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Robert Handy, Chief of Police
Subject:
Approve for Introduction Ordinance No. 4155 amending Chapter 10.44 of the Huntington
Beach Municipal Code (HBMC) relating to oversized vehicles
Statement of Issue:
The City of Huntington Beach has established several ordinances to enforce parking rules related to
oversized vehicles in our City. Currently, the City establishes that any vehicle over 25 feet long or 84
inches wide is considered oversized and there are restrictions for trailers as well. Over the years the
oversized vehicle ordinance has been changed to address community concerns and changes in
vehicles. The older ordinances were not modified to reflect the newer changes which created
contradictions making enforcement efforts unclear. Amendments to Chapter 10.44 of the Huntington
Beach Municipal Code are recommended to streamline enforcement and improve compliance.
Financial Impact:
There are minor costs associated with the recommended changes to the Oversized Vehicle
Ordinance for new signage at City limits. These costs will be absorbed within the Citywide Adopted
Budget for Fiscal Year 2018/19.
Recommended Action:
Approve for introduction Ordinance No. 4155, “An Ordinance of the City of Huntington Beach
Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits.”
The Police Department is requesting the following changes be made to the oversized vehicle
ordinances to allow for the enforcement of these vehicles and to meet the needs of our residents.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The City of Huntington Beach has always been concerned with the safe and efficient movement of
vehicular, bicycle, and pedestrian traffic on our highways, streets and bike paths. Since the last
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HBMC Chapter 10.44 amendment in July 2014, the City has experienced an increase in oversized
vehicles parking for excess periods of time near parks, residential streets, and public highways. The
City continues to receive requests from its residents for revised regulations to limit oversized vehicles
throughout the city limits.
The current ordinance demands excessive staff resources to regulate and enforce and has proven
ineffective at meeting the needs of the residents. Several loopholes within the existing ordinance
(allowing oversized vehicles to remain for extended periods of time) has resulted in residents
defaulting to abandoned vehicle reporting. This subsequently limits enforcement and contributes to
long term curbing of non-resident oversized vehicles. Due to their size, oversized vehicles diminish
visibility of sight distance for approaching intersections, driveways, or curves and may contribute to
overall diminished pedestrian and vehicular safety.
A “resident only” permit based system will continue to allow the residents of Huntington Beach ample
time to load, fix, prepare a Recreational Vehicle (RV) and/or trailer for leisure use and provide a more
efficient enforcement standard. Raising the fine amounts for subsequent violations, as neighboring
agencies have done, will assist with deterrence of habitual offenders.
Specific HBMC proposed changes include:
1. Amend 10.44.060 A, B, and C
a. Combine A, B, and C into one section listing the following restrictions: oversized
vehicles in excess of 22 feet (length), or 84 inches in height or width and recreational
vehicles of any size shall not be parked on any public street/highway/alley without a
permit.
2. 10.44.065 Modifications
a. Amend 10.44.065 A
i. Add language to 10.44.065 A to indicate the Chief of Police or his/her designee
shall have authority to make and enforce any rules and regulations for or
regarding the issuance, administration or enforcement of any permit.
b. Repeal 10.44.065 D and E
i. Both exceptions are covered in 10.44.065 A. Repealing these sub- sections
would eliminate two-pronged responses, allowing for enforcement at the time of
the complaint.
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File #:18-337 MEETING DATE:10/1/2018
c. Repeal 10.44.06 F
i. Section F allows a vehicle to park within a “reasonable proximity” to a park.
3. Repeal 10.44.070
a. This section allows exceptions to vehicles being parked at certain hours. It allows for a
2-hour exception for any vehicle parked outside of the 2100-0600 hours. It also allows
for any vehicle to park along City streets for 4 hour emergencies.
4. Establish a tiered penalty system for multiple violations in one year
a. Currently, violators are cited an $82 fine for all incidents. Establishing a second violation
fee of $162 and $246 for the third and each subsequent violation within one year will
provide an incentive for the public to comply with the Ordinance and potentially reduce
the volume of repeat offenders.
The following are examples of cities that have recently amended their oversized vehicle ordinance:
Garden Grove:
·Established an oversized vehicle ordinance in October 2017.
·Established a tiered system of fines for habitual offenders:
o 1st offense: $108
o 2nd offense: $208
o 3rd offense: $508
Costa Mesa:
·Restricts oversized vehicles over 22 feet to 48 hour parking for residents only.
·Established tiered system for habitual offenders:
o 1st offense: approximately $150
o 2nd offense: approximately $300
o 3rd offense: approximately $500
Anaheim:
·Established citywide restriction for oversized vehicles as of July 1st 2018.
st
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·Currently working to establish language to tow vehicles after the 1st offense.
Fullerton:
·Updated oversized vehicle ordinance in 2014, restricting vehicles in excess of 80 inches.
·Established tiered system for habitual offenders:
o 1st offense: not to exceed $100
o 2nd offense: not to exceed $200
o 3rd offense: not to exceed $500
Newport Beach:
·Currently working to create a city-wide oversized vehicle restriction
Los Angeles (City):
o Established tiered system for habitual offenders and price varies based on offense
Environmental Status:
N/A
Strategic Plan Goal:
Improve quality of life
Enhance and maintain public safety
Attachment(s):
1. Proposed Ordinance No. 4155
2. Legislative draft of the code
3. Copy of existing HBMC parking codes
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