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GROUP 1 $ 48.50 21.37
GROUP 2 $ 47.55 21.37
GROUP 3 $ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
LABO1184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer $ 40.69 18.25
(2) Vehicle Operator/Hauler$ 40.86 18.25
(3) Horizontal Directional
Drill Operator $ 42.71 18.25
(4) Electronic Tracking
Locator $ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1 $ 41.90 21.32
GROUP 2 $ 43.20 21.32
GROUP 3 $ 45.21 21.32
GROUP 4 $ 46.95 21.32
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble
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and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
LAB01184-002 07/01/2022
Rates Fringes
LABORER (TUNNEL)
GROUP 1 $ 45.68 23.30
GROUP 2 $ 46.00 23.30
GROUP 3 $ 46.46 23.30
GROUP 4 $ 47.15 23.30
LABORER
GROUP 1 $ 36.39 21.04
GROUP 2 $ 36.94 21.04
GROUP 3 $ 37.49 21.04
GROUP 4 $ 39.04 21.04
GROUP 5 $ 39.39 21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer• Power
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broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot -Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.)
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GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work LAB01184-004 07/01/2022
Rates Fringes
Brick Tender $ 37.32 21.45
LAB01414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER $ 38.92
PLASTER TENDER $ 41.47
23.32 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
PAIN0036-001 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County) $ 29.59
(2) A11 Other Work $ 38.52
17.12 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
PAIN0036-008 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER $ 46.28 23.52
PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER $ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per
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hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER $ 47.37 19.64
PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91
* PLUM0016-001 09/01/2023
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space $ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work $ 42.49 23.86
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work $ 57.18 26.51
PLUM0345-001 09/01/2023
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 40.20
Sewer & Storm Drain Work....$ 44.29
25.90 23.28
ROOF0036-002 08/13/2023
Rates Fringes
ROOFER $ 46.02 20.05
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
SFCA0669-002 01/01/2024
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Rates Fringes
SPRINKLER FITTER $ 45.31 27.91
SHEE01O5-003 01/01/2024
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work $ 56.95 30.04
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A -C,
heating, ventilating
systems for human comfort $ 56.95 30.04
TEAM0O11-002 07/01/2023
Rates Fringes
TRUCK DRIVER
GROUP 1 $ 38.19 33.69
GROUP 2 $ 38.34 33.69
GROUP 3 $ 38.47 33.69
GROUP 4 $ 38.66 33.69
GROUP 5 $ 38.69 33.69
GROUP 6 $ 38.72 33.69
GROUP 7 $ 38.97 33.69
GROUP 8 $ 39.22 33.69
GROUP 9 $ 39.42 33.69
GROUP 10 $ 39.72 33.69
GROUP 11 $ 40.22 33.69
GROUP 12 $ 40.65 33.69
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
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axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts .
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses
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(29CFR 5.5 (a) (1) (iii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date
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for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) A11 decisions by the Administrative Review Board are final.
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END OF GENERAL DECISION"
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BEAUMONT
CALIFORNIA -
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant.
The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.
Current Beaumont City Council Members are listed at:
https://www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):
NO
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):
/ NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
•
c - /f 2 -0 -
Date
'Signature of authorized individual
G Tr I Coiicre)k- r'crv; r1q_ fric .
Company/Applicant Name
City of Beaumont 1 550 E. 6th Street, Beaumont, CA 92223 I (951) 769-8520 I BeaumontCA.gov
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28 File No.: 5.BEA.50-23, 0.261-23
SUPPLEMENTAL AGREEMENT FOR THE USE OF
2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement ("`Agreement") is entered into this 1. Agreement") day of Arr.'
, 2024, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF BEAUMONT, herein called "CITY." COUNTY and CITY are collectively referred to as "Parties" and individually as "Party." The COUNTY and CITY mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated November 10, 2020 ("Cooperation Agreement"), whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds ("CDBG"), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as "Act." Said Cooperation Agreement, dated November 10, 2020, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein.
2. CDBG FUNDING. CITY was allocated $181,533 in CDBG Entitlement funds for the 2023-2024 CDBG program year with $161,533 to be used for Pedestrian Sidewalk Safety Improvement Project and $20,000 for Camp Kids Program.
3. APPROVAL OF INCREASE IN CDBG FUNDING.
Riverside County Board of Supervisors pursuant to Minute Order 3.16 on December 5, 2023, Approved Substantial Amendments to the 2023-2024 One Year Action Plan of the 2019-2024 Five Year Consolidated Plan and approved an increase in funds for CITY's Community Development Block Grant activity of Pedestrian Sidewalk Safety Improvement in the amount of $377,203. The Parties now desire to enter into agreement to reflect approval of CDBG funds allocated to SPONSOR, for the new total CDBG Grant amount of $558,736.00.
3. PURPOSE. CITY has been allocated $558,736 in CDBG Entitlement funds for the 2023- 2024 CDBG program year. CITY promises and agrees to undertake and assist with the community
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development activities, within its jurisdiction, by utilizing the sum of $558,736 CDBG Entitlement Funds, as specifically identified in Exhibit(s) A, and B, attached hereto, and are incorporated herein by this reference, for the following project(s) (collectively, the "Projects"):
A) 5.BEA.50-23 Pedestrian Sidewalk Safety Improvements Project, $538,736.
CITY has allocated the remaining $20,000 from its 2023-2024 CDBG allocation to certain activities identified below, hereinafter referred to as "County -wide Activities," that will be directly administered by COUNTY:
B) 0.261-23 Camp Kids, $20,000.
4. TERM OF AGREEMENT. The term of this Agreement for the implementation of the Project(s) shall be for a period of one (1) year from July 1, 2023, to termination on June 30. 2024.
5. COMPLETION SCHEDULE. CITY shall proceed consistent with the completion schedule set forth in Exhibit(s) A, and B, attached hereto and incorporated herein.
6. EXTENSION OF TIME. In the event the Project(s) are not substantially completed by the time set forth in the applicable completion schedule(s) due to a force majeure event (See Section 40 below), the COUNTY may consider extending the schedule for the completion of the project(s). Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY in its discretion, of the project(s) not made during the term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental Agreement pursuant to the termination procedures set forth in the section titled "Termination," and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY after appropriate notice is provided to the City.
7. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBG- funded Projects or activities covered under the terms of this Supplemental Agreement as set forth in Exhibit(s) A, and B, attached hereto, prior to receiving written authorization from COUNTY to proceed.
8. NOTICES. Each notice, request, demand, consent, approval or other communication (hereinafter in this Section referred to collectively as "notices" and referred to singly as a "notice") which the CITY or COUNTY is required or permitted to give to the other party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received
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at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two days after mailing in the United States), addressed to the respective parties as follows:
COUNTY
Heidi Marshall, Director
CITY
Elizabeth Gibbs, City Manager
Riverside County HWS City of Beaumont
P.O. Box 1528 550 E. 6th Street
Riverside, CA 92502 Beaumont, CA 92223
9. DISBURSEMENT OF FUNDS.
A. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of this Supplemental Agreement. COUNTY, through its Department of Housing, and Workforce Solutions, shall make payment of the CDBG funds to CITY as set forth in the attached Exhibit(s) A, and B. It is the CITY'S responsibility to monitor all project activities set forth in the attached Exhibit(s) A, and B, and to ensure compliance with applicable federal regulations and the terms of this Supplemental Agreement.
B. CITY shall comply with timely drawdown of CDBG Entitlement funding by expeditiously implementing and completing the COUNTY -approved, CDBG-funded Projects. CITY acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 31, 2024, exceeds one hundred and seventy-five percent (175%) of the CITY's 2023-2024 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the CITY's CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the excess CDBG fund
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balance to other eligible activities as selected by COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2024, to exceed the CDBG fund balance requirement.
C. CITY shall comply with timely drawdown of CDBG funds by submitting monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days after the COUNTY has received the CITY's reimbursement request including documentation supporting expenditures.
D. All authorized obligations incurred in the performance of the Supplemental Agreement for projects eligible under the following CDBG regulations must be reported in writing to COUNTY no later than June 1, 2024:
1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)}
2. Clearance Activities [24 CFR 570.201 (d)]
3. Interim Assistance [24 CFR 570.201 (f)]
4. Code Enforcement [24 CFR 570.202 (c)]
All public service activities [24 CFR 570.201 (e)] and other eligible activities under this Supplemental Agreement must be implemented, completed, and obligations reported in writing to the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits to this Supplemental Agreement. "CFR" as used herein refers to the Code of Federal Regulations.
10. RECORDS AND INSPECTIONS.
A. CITY shall establish and maintain financial, programmatic, statistical, and other supporting records of its operations and financial activities in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal funds under this Agreement. Said records shall be retained for a period of four (4) years from the date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include, but not limited to, the following:
i. if any litigation, claim, or audit is started prior to the expiration of the four (4) year period;
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ii. when the CITY is notified in writing by the COUNTY, HUD, or other Federal agency to extend the retention period;
iii. records for real property and equipment acquired with CDBG funds must be retained for four (4) years after final disposition; iv. when the records are transferred by the CITY to the COUNTY, HUD, or other Federal agency, the four (4) year period is not applicable.
B. CITY shall obtain an external audit in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.500). Audits shall usually be performed annually but not less frequently than every two years. Nonprofit institutions and government agencies that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements, but records must be available for review by appropriate officials of the Federal grantor agency or subgranting entity. The audit report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal year.
C. CITY shall maintain a separate account for the CITY'S CDBG Entitlement funds received as set forth in Exhibit(s) A, and B attached hereto.
D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD). or other authorized representative, for the examination and copying, all of its records and other materials with respect to matters covered by this Agreement and provide reasonable access to CITY staff for the purpose of interview and discussion related to the records and documents.
E. CITY shall not retain any program income as defined in 24 CFR 570.500. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities.
F. The CITY shall ensure that at least fifty-one percent (51%) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele [24 CFR 570.208(a)(2)(i)] are of low and moderate -income and meet the applicable household income guidelines.
The CITY shall provide the required income certification and direct benefit documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, and
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B, attached hereto. In the event that CITY engages the services of a sub -contractor to implement CDBG- funded activities, the CITY must collect, in writing, all required income certification and direct benefit documentation from subcontractors prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, and B, attached hereto.
11. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 570. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement. CITY shall comply, if applicable, with Section 3 of the Housing & Urban Development Act of 1968 (12 U.S.C.A. Section 1701u), as amended, a copy of which is attached hereto as Exhibit "S", and incorporated herein by this reference. CITY shall adhere to the regulations as set forth in Exhibit "R", attached hereto and incorporated herein by this reference, pertaining to inherently religious activities. Further, CITY must comply with the requirements of the Build America, Buy America ("BABA") Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the CITY's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Assistance "(88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless expected by a waiver. Finally, CITY shall comply with the Additional Federal Requirements, if applicable, attached hereto as Exhibit "AFR", and incorporated herein by this reference.
12. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in implementing and undertaking the goals and strategies identified in the 2019-2024 Five Year Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community Development Block Grant Program.
13. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
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ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Title 14 CCR Section 1501(d), the CITY is designated as the lead agency for the projects that are the subject matter of this Supplemental Agreement.
14. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Code. the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys' fees, resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold harmless the other Parties from such claims, demands, damages, losses or liabilities for their negligence.
The hold harmless and indemnification obligations set forth herein shall survive the termination and expiration of this Agreement. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CITY from indemnifying the Indemnitees to the fullest extent allowed by law.
15. INSURANCE. Without limiting or diminishing the CITY's obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of COUNTY OF RIVERSIDE Supervisors. employees, elected or appointed officials, agents, or representatives as Additional Insureds
a. Workers' Compensation:
If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive
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subrogation in favor of the County of Riverside.
b. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY'S performance of its obligations hereunder. Policy shall name the County of Riverside as Additional Insured. Po 1icy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
b. 1. Tithe work will include contact with minors, and the Commercial General Liability policy is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor/Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $2.000,000 per occurrence or claim.
c. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as Additional Insured. d. General Insurance Provisions - All lines:
(i). Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
(ii). The CITY must declare its insurance self -insured retentions. If such self - insured retentions exceed $500,000 per occurrence such retentions shall have the prior IN ritten consent of the County Risk Manager before the commencement of operations under this Agreement. Upon
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notification of self -insured retention unacceptable to the COUNTY, and at the election of the Country's Risk Manager, CITY'S carriers shall either; 1) reduce or eliminate such self -insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. (iii). CITY shall cause CITY'S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation. expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
(iv). It is understood and agreed to by the parties hereto that the CITY'S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self -insured retention's or self -insured programs shall not be construed as contributory. (v). If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the
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performance of the scope of or, the term of this Agreement, including any extensions thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage's currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the CITY has become inadequate.
(vi). CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
(vii). The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY. (viii). CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
16. INDEPENDENT CONTRACTOR. The CITY is, for purposes relating to this Supplemental Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents and subcontractor's) shall in no event be entitled to any benefits to which the COUNTY employees are entitled, including but not limited to overtime, any retirement benefits. worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer -employee relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all claims that may be made against the COUNTY based upon any contention by a third party that an employer -employee relationship exists by reason of this Supplemental Agreement. It is further understood and agreed by the parties that the CITY in the performance of this Supplemental Agreement is subject to the control or direction of the COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.
17. NONDISCRIIVIINATION. CITY shall abide by 24 CFR Sections 570.601 and 570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity, or veterans status be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds.
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CITY shall abide by and include in any subcontracts to perform work under this Supplemental Agreement, the following clause:
"During the performance of this Supplemental Agreement, CITY and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, veterans status, sexual orientation, gender identity, age (over 40) or sex. CITY and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CITY and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission are implementing California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."
18. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611.
B. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
C. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
D. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial
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interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
E. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611(d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD in the COUNTY'S sole and absolute discretion. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611(d)(2).
F. Prior to the distribution of any CDBG funding under this Supplemental Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities. or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Supplemental Agreement.
G. Any violation of this Section 17 shall be deemed a material breach of this Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by the COUNTY.
19. LOBBYING. CITY certifies to the best of its knowledge and belief, that:
a. No federally -appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency. a member of Congress. an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant. the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
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agreement.
b. If any funds other than federally -appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the CITY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
20. TERMINATION.
A. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3).
B. COUNTY. Notwithstanding the provisions of Paragraph 19a above, COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written notice to CITY of action being taken and the reason for such action including, but not limited to, the following reasons:
(1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Supplemental Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement invalid or untenable; or
(3) In the event the funding from the Department of Housing and Urban Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable.
C. This Agreement may be terminated and/or funding suspended, in whole or in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure of the CITY to materially comply with either the terms or conditions of this Agreement, Upon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with, any area of conflict from which
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the COUNTY has determined that suspension of funds is necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the terms and conditions of this Agreement may be considered by the COUNTY in evaluating future CDBG and non-CDBG funding applications submitted by CITY.
D. Upon suspension or termination of this Supplemental Agreement, CITY shall return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Supplemental Agreement.
E. Reversion of Assets
1. Upon expiration or termination of this Supplemental Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Supplemental Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement.
2. Any real property under the CITY'S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a loan) in excess of 525,000 is either:
(i) Used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five years after expiration of this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or
(ii) Not used in accordance with Clause (i) above, in which event the CITY shall pay the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.
21. PUBLICITY. Any publicity generated by CITY for the Projects funded pursuant to this Supplemental Agreement will make reference to the contribution of the COUNTY, the Department of Housing, and Workforce Solutions, and the Community Development Block Grant Program in making the project possible.
22. PROGRAM MONITORING AND EVALUATION. CITY and its subcontractors shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of
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this Supplemental Agreement and the effective and efficient achievement of the CDBG National Objectives as set forth in Exhibit(s)A, and B, attached hereto. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include. but shall not be limited to, the following data elements:
A. Title of program, listing of components, description of activities/operations.
B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals.
C. If the CDBG-funded activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with household incomes at:
• Above 80% MHI
• Between 50% and 80% MHI (Low -Income)
• Between 30% and 50% MHI (Very Low -Income)
• Less than 30% MHI (Extremely Low -Income)
2) Total number and percent (%) of the clientele served that have household incomes at or below 80% MHI
3) Racial ethnicity of clientele
4) Number of Female -Headed Households
D. CITY shall report, in writing, and cause its subcontractors to report, in writing, beneficiary statistics monthly to Housing and Workforce Solutions (HWS) on the pre -approved Direct Benefit Form and Self -Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by HWS should HUD implement changes during the terra of this Supplemental Agreement. CITY and subcontractors will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in HUD's Community Planning and Development (CPD) Outcome Performance Measurement System.
23. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval from HWS prior to implementing the following "high risk" activities funded with CDBG assistance:
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A Construction of public facilities (project plans and specifications); B. Acquisition of real property;
C. Historic Preservation;
D. Relocation; and
F. Economic Development
24. PRIOR COUNTY APPROVAL (CONSTRUCTION ACTIVITIES). CITY shall obtain COUNTY's written approval, through its HWS, of the project plans, specifications, and construction documents prior to CITY'S construction of same for all projects consisting of CDBG-funded construction activities . The COUNTY neither undertakes nor assumes nor will have any responsibility or duty to CITY or to any third party to review, inspect, supervise, pass judgment upon or inform CITY or any third party of any matter in connection with the development or construction of the improvements, whether regarding the quality, adequacy or suitability of the plans, any labor, service, equipment or material furnished to the property, any person furnishing the same, or otherwise. CITY and all third parties shall rely upon its or their own judgment regarding such matters, and any review, inspection, supervision, exercise of judgment or information supplied to CITY or to any third party by the COUNTY in connection with such matter is for the public purpose of assisting with a community development and housing activity pursuant to the Act, and neither CITY (except for the purposes set forth in this Agreement) nor any third party is entitled to rely thereon. The COUNTY shall not be responsible for any of the work of construction, improvement, or development of the property.
It is the responsibility of CITY, without cost to COUNTY, to ensure that all applicable local jurisdiction land use requirements will permit development of the property and construction of the improvements and the use, operation, and maintenance of such Improvements in accordance with the provisions of this Agreement. Nothing contained herein shall be deemed to entitle Sponsor to any local jurisdiction or County permit or other local jurisdiction or County approval necessary for the development of the Property, or waive any applicable local jurisdiction or County requirements relating thereto. This Agreement does not (a) grant any land use entitlement to CITY, (b) supersede, nullify, or amend any condition which may be imposed by the local jurisdiction in connection with approval of the development described herein, (c) guarantee to CITY or any other party any profits
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from the development of the Property, or (d) amend any local jurisdiction or County laws, codes or rules.
25. PRIOR COUNTY APPROVAL (AQUISITION ACTIVITIES). CITY shall obtain COI NTY's written approval and authorization to proceed, through HWS, of all CDBG-funded real property acquisition activities.
26. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.311); National Environmental Policy Act of 1969 (42 U.S.C.A. §4321, et seq.); the California Environmental Quality Act (Cal. Pub. Resources Code §21000, et seq.); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C.A. §4630, et seq.); and the COUNTY's Five Year Consolidated Plan. In addition, the following is to occur:
a. Title to the real property shall vest in CITY;
b. The real property will be held by CITY, or the constructed facility will be maintained by the CITY, for a minimum period of five (5) years from the date the CDBG-funded activity is closed -out and reported as complete by the COUNTY through the Comprehensive Annual Performance and Evaluation Report (CAPER);
c. While held by CITY, the real property or the constructed facility is to be used exclusively for the purposes for which acquisition or construction was originally approved by COUNTY;
d. Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is consistent with the COUNTY'S Five Year Consolidated Plan or the applicable federal regulations governing CDBG funds;
e. Should CITY desire to use the real property or the constructed facility, prior to the completion of the mandatory five-year period, for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then:
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(1) If CITY desires to retain title, CITY will reimburse COUNTY the amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility; or (2) If CITY sells the property or facility or is required to sell the property or facility, CITY shall reimburse COUNTY the amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.
27. ENTIRE AGREEMENT. This Supplemental Agreement, including any attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals. discussions and communications, whether oral or in writing. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Each of the attachments and exhibits attached hereto is incorporated herein by this reference.
28. SEVERABILITY. Each section, paragraph and provision of this Supplemental Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect.
29. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify in writing, and to cause any subcontractor implementing CDBG-funded Projects to notify, in writing, the Riverside County Workforce Development Center of any and all job openings that are caused by the CDBG-funded Projects under this Supplemental Agreement.
30. MINISTERIAL ACTS. The Director of Housing and Workforce Solutions or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Supplemental Agreement as it may be amended from time -to -time by COUNTY.
31. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the U.S. Department of Housing and Urban Development, or any other person or entity that CITY is or is not eligible under 24 CPR Part 570 to
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receive CDBG entitlement funds from the COUNTY.
32. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218), and the Grant Award Number is B-23-UC-06-0506.
33. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form with respect to this Supplemental Agreement, without prior written approval of the COUNTY.
34. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Supplemental Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Supplemental Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
35. WAIVER. Failure by a party to insist upon the strict performance of any of the provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's rights to insist and demand strict compliance by the other party with the terms of this Supplemental Agreement thereafter.
36. JURISDICTION AND VENUE: Any action at law or in equity arising under this Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Supplemental Agreement shall be filed only in the Superior Court of the State of California, located in Riverside, California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction
37. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or the CITY'S subcontractor implementing the CDBG-funded activity, for a period of five (5) years from the close-out date of the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review.
38. AUTHORITY TO EXECUTE. The persons executing this Supplemental Agreement or exhibits attacked hereto on behalf of the parties to this Supplemental Agreement hereby warrant and
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represent that they have the authority to execute this Supplemental Agreement and warrant and represent that they have the authority to bind the respective parties to this Supplemental Agreement to the performance of its obligations hereunder.
39. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on more than one date, then the last date the Supplemental Agreement is signed by a party shall be the effective date.
40. COUNTERPARTS. This Supplemental Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement.
41. FORCE MAJEURE.
A. Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war. insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, pandemic, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub -contractor or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, or any causes beyond the control or without the fault of the party claiming an extension of time to perform.
B. An extension of time for any such cause (a "Force Majeure Delay") shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.
42. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively.
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43. DIGITAL AND ELECTRONIC SIGNATURES. The parties agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17). The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [Remainder of Page Intentionally Blank]
[Signatures on Following Page]
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IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the dates set forth below.
COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
BY:
Y/q/
Date:
APPROVED AS TO FORM:
MINH C. TRAN
CIStUNTY COUNSEL
By:
Paul.Salcido,
Deputy ounty Counsel
CITY OF BEAUMONT,
a General law City
BY:
cJ tii ; rX I jam€ n r�
Name:
Title: im_at-
Date: '3 - -
ATTEST:
APPROVED AS TO FORM:
NEED TO ATTACH EXHIBITS "A" AND "B"
EXHIBIT A
File No.: 5.BEA.50-23
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of Beaumont UEI #: R8CSKWJ1NDK5
ADDRESS: 550 E. 6th Street
Beaumont, CA 92223
PROGRAM CONTACTS: Christina Taylor, Deputy City Manager PHONE: 951-572-3212 FAX:
E-MAIL:
PROJECT NAME: Pedestrian Sidewalk Safety Improvements Project PROJECT LOCATION: Various locations within the City of Beaumont LEVEL OF ENVIRONMENTAL CLEARANCE:
CDBG ELIGIBILITY CODE: 570.201 (c)
PROJECT FUNDING SUMMARY: $538,736
Project to be administered by County (HWS) on behalf of City: YES ❑ NO II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2023-2024 Community Development Block Grant for the Pedestrian Sidewalk Safety Improvements Project in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:
Activity #1 The City of Beaumont will use CDBG funds for sidewalk improvements to improve pedestrian safety. Improvements to include, but not limited to, lighting, sidewalk installation, and curb repairs. CDBG funds will be used for design and engineering, construction, and project management expenses.
EXHIBIT A
File No.: 5.BEA.50-23
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a)(1)(i)
CFR Reference: Low Mod Area
C. Levels of Accomplishment — Goals and Performance Measures The City agrees to implement and complete the following activity(ies):
Activity #1 Design and engineering, construction, and project management expenses.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): Creating Suitable Living Environments ❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): ❑ Availability/Accessibility
❑ Affordability
Sustainability (promoting livable or viable communities) D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated.
EXHIBIT A
File No.: 5.BEA.50-23
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $161,533 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).
The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budgetmust be approved in writing by both the County and City.
Line Item
CDBG Granted
Funds
Total of Non-
CDBG Funds
Total Activity/Project
Budget
Notes
Design/Engineering Costs
Project Administration Costs
Construction Costs
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs:
X
•
TOTAL CDBG BUDGET
$538,736
$538,736
EXHIBIT A
File No.: 5.BEA.50-23
G. Total Amount of Non- CDBG Leveraging
STATE
PRIVATI
OTHER
SOURCE
AMOUNT
ONIP
SOURCE
III. ADMINISTRATIVE REQUIREMENTS
AMOUNT
SOURCE AMOUNT
TOTAL: $0.00
A. Accounting Standards
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and agrees to adhere to the accounting principles and procedures required therein. utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles. and Audit Requirements for Federal Awards (2 CFR Part 200).
These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
C. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1 Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement. use or disposition of real property acquired or improved with CDBG assistance;
v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
2. Records Retention
TOTAL
EXHIBIT A
File No.: 5.BEA.50-23
The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low -moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County's annual performance and evaluation report to HUD.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits the Single Audit Act, and the Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
EXHIBIT A
File No.: 5.BEA.50-23
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre -approved by County, City will perform and complete the activities described in Section 11 in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone Start Date Completion Date
Complete CDBG Training September 2023 September 2023
Implement Project Activities Upon Notification from HWS Execute Supplemental Agreement September 2023 January 2024 & Notice to Incur Cost
Tasks / Milestone Start Date Completion Date
Submit Quarterly Performance Reports to County October 2023 Through June 2025 County Monitoring of City Program/Performance To be determined by Program Manager Specific Project Activities
1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter
2. City prepares fmal construction documents (incorporating Special Federal Provisions) for HWS review and approval
3. HWS authorizes City to advertise for bids
4. HWS reviews and approves bidding process
5. City awards construction contract
6. City and HWS conduct "pre -construction meeting"
7. HWS authorizes City to issue "Notice to Proceed"
City Submits Reimbursement Requests
Monthly Submittal ❑
Other Schedule
La
To be determined by Program Manager
CDBG-funded Project Complete June 15, 2025
EXHIBIT A
File No.: 5.BEA.50-23
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
The City must follow proper procurement and construction policies and procedures of the City and CDBG regulations. Construction shall commence using CDBG funding with a Notice to Proceed.
A pre -construction meeting is required. The City must contact the CDBG Program Manager for review before submitting RFP, construction activity, or cost without prior written approval. The County must be contacted 10 (ten) days in advance for attendance of the Pre -Construction meeting.
Original signed Certified payrolls are to be submitted on a weekly basis to the HWS-CDBG program manager once construction starts.
File No.: 0.261-23
EXHIBIT B
SPONSOR'S AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
SPONSOR NAME: Boys & Girls Clubs of The San Gorgonio Pass ilEI #:VC6RJK411N463 ADDRESS: P.O Box 655
Beaumont, CA 92220
PROGRAM CONTACTS: Amy Herr, Executive Director
PHONE: 951-922-3259 FAX: (951) 922-0009
E-MAIL: jathherr®gmail.com J
PROJECT NAME: Camp Kids
PROJECT LOCATION: 1520 E. Eight St. (Sundance Elementary/38755 Brookside Ave( Brookside Elementary)Beaumont, CA 92223
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)1 CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $24,000
5th District $4,000
Beaumont $20,000
II. SCOPE OF SERVICE
A. Activities
Sponsor will be responsible for administering a 2023-2024 Community Development Block Grant for the Camp Kids in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:
Activity #1 The Boys and Girls Clubs of San Gorgonio Pass provides after -school, summer, and winter break programs at Sundance Elementary in the summer and Brookside School during all other school breaks. Services include character building, sports and recreation, photography, field trips, and computer education. CDBG funds will be used for staff salaries (direct cost), consumable supplies, and other program -related expenses.
Page mite lolf2i805
File No.: 0.261-23
EXHIBIT B
B. National Objective
All activities funded with CDBG funds must comply with one or more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). Sponsor certifies that the activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a)(2)(i)(13)
CFR Reference: Low Mod Limited Clientele Income Certification C. Levels of Accomplishment — Goals and Performance Measures The Sponsor agrees to provide the following levels of program services:
Activity Units Total Total
per Month Units/Year Unduplicated Persons
40 40
Activity #1 Provide after -school, summer, and winter break programs at Sundance Elementary in the summer and Brookside School during all other school breaks,
Unit of Service is defined as: Clients Served
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments El Providing Decent Affordable Housing
El Creating Economic Opportunities
Outcome (select one): ® Availability/Accessibility
❑ Affordability
❑ Sustainability (promoting livable or viable communities) D. Sponsor Capacity
By executing this Sponsor's Agreement, the Sponsor certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds.
Sponsor will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact Sponsor's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside Grantee will monitor the performance of the Sponsor against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sponsor within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated.
File No.: 0.261-23
EXHIBIT B
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $24,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).
The County may require a more detailed budget breakdown than the one contained herein, and the Sponsor shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and Sponsor.
Line Item
CDBG Granted
Funds
Total Non-
CDBG Funds
Total Direct Program
Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other: Program Related Costs
$ 24,000
X
X
Total Indirect Program $
Expenses
X
$60,000
Indirect Costs (Specify)*
TOTAL CDBG BUDGET 11524,000 $60.000
Total
Activity/Project
Budget
Notes
$84,000
$84.000
G. Total Amount of Non- CDBG Leveraging
Page N 13Q#fZ805
File No.: 0.261-23
EXHIBIT B
TYPE
FEDERAL
STATE/LOCAL
PRIVATE
OTHER
SOURCE AMOUNT
OJP $25,000
SoCal Edison
Camp Fees
$5,000
$10,000
SOURCE AMOUNT
Dr. Seuss $15,000
Donations
III, ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
$5,000
SOURCE AMOUNT
TOTAL
$25,000
$20,000
$15,000
TOTAL: $60 000
The Sponsor agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The Sponsor shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
C. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
Page (24a#a805
File No.: 0.261-23
EXHIBIT B
2. Records Retention
The Sponsor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data
The Sponsor shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.
4. Disclosure
The Sponsor understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or Sponsor's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs
The Sponsor's obligation to the County shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sponsor has control over CDBG funds, including program income.
6. Audits & Inspections
All Sponsor records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Sponsor within 30 days after receipt by the Sponsor. Failure of the Sponsor to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Sponsor hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits, the Single Audit Act, and the Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance) Page Nge3scff$805
File No.: 0.261-23
EXHIBIT B
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre -approved by County, Sponsor will perform and complete the activities described in Section 11 in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone Start Date Completion Date
Complete Sponsor Training September 2023 September 2023 Implement Program Activities July 1, 2023 ' March 29, 2024 Execute Sponsor's Agreement September 2023 December 2023 & Notice to Incur Cost
Sponsor Submits Quarterly October 2023 March 29, 20242
Performance Reports to County
Sponsor Submits Monthly October 2023 March 29, 2024 3
Direct Benefit Reports
Sponsor Submits Reimbursement October 2023 March 29, 20244 Requests
The Notice to Incur Cost Letter will provide the speck program implementation date for this CDBG-funded activity.
2.3,4 Submittal of required documentation is determined by the specific benefit period of the CDBG-funded activity. Confirm performance requirements with CDBG Program Manager.
CDBG Program Services Complete March 29, 2024
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Sponsor must collect Self -Certifications with supporting income documentation and demographic information from EVERY parent or legal guardian of every child participating in CDBG-funded activities. This includes family income, family size, and race. Sponsor is required to submit the 1g 200 Self- Certifications forms with supporting documentation, and 25% thereafter to HWS along with the Direct Benefit Reports on a monthly basis unless otherwise authorized in writing by CDBG program staff.
Once the Notice to Incur Cost letter is received, sponsor must submit monthly reimbursement requests unless another schedule is approved, in writing, by HWS. Further, at least 75% of all 2023-24 CDBG funds must be drawn down by January 12, 2024, and 100% of all 2023-24 CDBG funds must be drawn down by March 29, 2024.
Page aqileaft2805
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28 EXHIBIT "R"
24 C.F.R. § 5.109
Equal participation of faith -based organizations in
HUD programs and activities.
Effective: May 4, 2016
(a) Purpose.
Consistent with Executive Order 13279 (issued on December 12, 2002, 67 FR 77141), entitled "Equal Protection of the Laws for Faith —Based and Community Organizations," as amended by Executive Order 13559 (issued on November 17, 2010, 75 FR 71319), entitled "Fundamental Principles and Policymaking Criteria for Partnerships With Faith —Based and Other Neighborhood Organizations,", and further amended by Executive Order 13831 (issued on May 3, 2018, 83 FR 20715) entitled "Establishment of a White House Faith and Opportunity Initiative," this section describes requirements for ensuring the equal participation of faith -based organizations in HUD programs and activities. These requirements apply to all HUD programs and activities, including all of HUD's Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of the Code of Federal Regulations (CFR), or unless inconsistent with certain HUD program authorizing statutes. b) Definitions. The following definitions apply to this section:
Direct Federal financial assistance means Federal financial assistance provided when a Federal Government agency or an intermediary, as defined in this section, selects the provider and either purchases services from that provider (i.e., via a contract) or awards funds to that provider to carry out an activity (e.g., via grant, sub -grant, sub -award, or cooperative agreement). The recipients of sub -grants or sub -awards that receive Federal financial assistance through State -administered programs (e.g., flow -through programs) are considered recipients of direct Federal financial assistance. In general, Federal financial assistance shall be treated as direct, unless it meets the definition of indirect Federal financial assistance.
Federal financial assistance means assistance that non —Federal entities receive or administer in the forms of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption.
Indirect Federal financial assistance means Federal financial assistance provided when the choice of the provider is placed in the hands of the beneficiary, and the cost of that service is paid through a voucher. certificate, or other similar means of Government -funded payment. Federal financial assistance provided to an organization is considered indirect when the Government program through which the beneficiary receives the voucher, certificate, or other similar means of Government -funded payment is neutral toward religion meaning that it is available to providers without regard to the religious or non -religious nature of the institution and there are no program incenti\ cs that deliberately skew for or against religious or secular providers: and the organization receives the assistance as a result of a genuine, independent choice of the beneficiary.
Intermediary means an entity, including a nongovermnental organization, acting under a contract, grant, or other agreement with the Federal Government or with a State. tribal or local government that accepts Federal financial assistance and distributes that assistance to other entities that, in turn, carry out activities under HUD programs. (c) Equal participation of faith -based organizations in HUD programs and activities.
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Faith -based organizations are eligible, on the same basis as any other organization, to participate in any HUD program or activity, considering any permissible accommodations, particulary under the Religious Freedome Restoration Act. Neither the Federal Government, nor a State, tribal or local government, nor any other entity that administers any HUD program or activity, shall discriminate against an organization on the basis of the organization's religious character, affiliation, or lack thereof, or on the basis of the organization's religious exercise. For purposes of this part, to discriminate against an organization on the basis of the organization's religious exercise means to disfavor an organization, including by failing to select an organization, disqualifying an organization, or imposing any condition or selection criterion that otherwise disfavors or penalizes an organization in the selection process or has such an effect:
(1) Because of conduct that would not be considered grounds to disfavor a secular organization; (2) Because of conduct that must or could be granted an appropriate accommodation in a manner consistent with RFRA (42 U.S.C. 2000bb through 2000bb-4) or the Religion Clauses of the First Amendment to the Constitution; or
(3) Because of the actual or suspected religious motivation of the organization's religious exercise. (4) In addition, decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be made on the basis of merit, not based on the organization's religious character, affiliation, or lack thereof, or based on the organization's religious exercise. Notices of funding availability, grant agreements, and cooperative agreements shall include language substantially similar to that in appendix A to this subpart, where faith -based organizations are eligible for such opportunities. (d) Independence and identity of faith -based organizations. (1) A faith -based organization that applies for, or participates in, a HUD program or activity supported with Federal financial assistance retains its autonomy, right of expression, religious character, authority over its governance, and independence, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs. A faith -based organization that receives Federal financial assistance from HUD does not lose the protections of law. (2) A faith -based organization that receives direct Federal financial assistance may use space (including a sanctuary, chapel, prayer hall, or other space) in its facilities (including a temple, synagogue, church, mosque, or other place of worship) to carry out activities under a HUD program without concealing, altering, or removing religious art, icons, scriptures, or other religious symbols. In addition, a faith -based organization participating in a HUD program or activity retains its authority over its internal governance, and may retain religious terms in its organization's name, select its board members and employees on the basis of their acceptance of or adherence to the religious tenets of the organization consistent with paragraph (i) of this section), and include religious references in its organization's mission statements and other governing documents. (e) Explicitly religious activities.
If an organization engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by direct Federal financial assistance and participation must be voluntary for the beneficiaries of the programs or activities that receive direct Federal financial assistance. The use of indirect Federal financial assistance is not subject to this restriction. Nothing in this part restricts HUD's authority under applicable Federal law to fund activities, that can be directly funded by the Government consistent with the Establishment Clause of the U.S. Constitution. (f) Intermediary responsibilities to ensure equal participation of faith -based organizations in HUD programs.
If an intermediary - acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal financial assistance - is
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given the authority to select a nongovernmental organization to receive Federal financial assistance under a contract, grant, sub -grant, sub -award, or cooperative agreement, the intermediary must ensure that such organization complies with the requirements of this section. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program's statutory and regulatory provisions.
(g) Nondiscrimination requirements.
Any organization that receives Federal financial assistance under a HUD program or activity shall not, in providing services with such assistance or carrying out activities with such assistance, discriminate against a beneficiary or prospective beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. However, an organization that participates in a program funded by indirect Federal financial assistance need not modify its program or activities to accommodate a beneficiary who chooses to expend the indirect aid on the organization's program and may require attendance at all activities that are fundamental to the program. (h) No additional assurances from faith -based organizations.
A faith -based organization is not rendered ineligible by its religious nature to access and participate in HUD programs. Absent regulatory or statutory authority, no notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering Federal financial assistance from HUD shall require otherwise eligible faith -based organizations to provide assurances or notices where they are not required of similarly situated secular organizations. All organizations that participate in HUD programs or activities, including organizations with religious character or affiliations, must carry out eligible activities in accordance with all program requirements, subject to any required or appropriate accommodation, particularly under the Religious Freedom Restoration Act, and other applicable requirements governing the conduct of HUD -funded activities, including those prohibiting the use of direct financial assistance to engage in explicitly religious activities. No notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering financial assistance from HUD shall disqualify otherwise eligible faith -based organizations from participating in HUD's programs or activities because such organization is motivated or influenced by religious faith to provide such programs and activities, or because of its religious character or affiliation, or on grounds that discriminate against an organization on the basis of the organization's religious exercise, as defined in this part. (i) Exemption from Title VII employment discrimination requirements.
A religious organization's exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1), is not forfeited when the organization participates in a HUD program. Some HUD programs, however, contain independent statutory provisions that impose certain nondiscrimination requirements on all grantees. Accordingly, grantees should consult with the appropriate HUD program office to determine the scope of applicable requirements. j) Acquisition. construction, and rehabilitation of structures.
Direct Federal financial assistance may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under a HUD program or activity.
Where a structure is used for both eligible and explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), direct Federal financial assistance may not exceed the cost of the share of acquisition, construction, or rehabilitation attributable to eligible activities in accordance with the cost accounting requirements applicable to the HUD program or activity. However,
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acquisition, construction, or rehabilitation of sanctuaries, chapels, or other rooms that a HUD —funded faith -based organization uses as its principal place of worship, may not be paid with direct Federal financial assistance.
Disposition of real property by a faith -based organization after its use for an authorized purpose, or any change in use of the property from an authorized purpose, is subject to Government -vide regulations governing real property disposition (2 CFR part 200, subpart D) and the HUD program regulations, as directed by HUD. (k) Commingling of Federal and State, tribal, and local funds.
If a State, tribal, or local government voluntarily contributes its own funds to supplement direct Federal financial assistance for an activity, the State, tribal or local government has the option to segregate those funds or commingle them with the direct Federal financial assistance. However, if the funds are commingled, the requirements of this section apply to all of the commingled funds. Further, if a State, tribal, or local government is required to contribute matching funds to supplement direct Federal financial assistance for an activity, the matching funds are considered commingled with the direct Federal financial assistance and, therefore, subject to the requirements of this section. Some HUD programs' requirements govern any activity assisted under those programs. Accordingly, recipients should consult with the appropriate HUD program office to determine the scope of applicable requirements.
(1) Tax exempt organizations.
In general, HUD does not require that a recipient, including a faith -based organization, obtain tax-exempt status under section 501(c)(3) of the Internal Revenue Code to be eligible for funding under HUD programs. Many grant programs, however. do require an organization to be a nonprofit organization in order to be eligible for funding.
Notices of funding availability that require organizations to have nonprofit status will specifically so indicate in the eligibility section of the notice of funding availability. In addition, if any notice of funding availability requires an organization to maintain tax-exempt status, it will expressly state the statutory authority for requiring such status. Applicants should consult with the appropriate HUD program office to determine the scope of any applicable requirements. In HUD programs in which an applicant must show that it is a nonprofit organization but this is not statutorily defined. the applicant may do so by any of the following means:
(1) Proof that the Internal Revenue Service currently recognizes the applicant as an organization to which contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code; (2) A statement from a State or other governmental taxing body or the State secretary of State certifying that - (i) The organization is a nonprofit organization operating within the State; and (ii) No part of its net earnings may benefit any private shareholder or individual; (3) A certified copy of the applicant's certificate of incorporation or similar document that clearly establishes the nonprofit status of the applicant;
(4) Any item described in paragraphs (1)(1) through (3) of this section, if that item applies to a State of national parents organization, together with a statement by the State of parent organization that the applicant is a local nonprofit affiliate; or
(5) For an entity that holds a sincerely held religious belief that it cannot apply for a determination as an entity that is tax-exempt under section 501(c)(3) of the Internal Revenue Code, evidence sufficient to establish that the entity would otherwise qualify as a nonprofit organization under paragraphs (1)(1) through (4) of this section. (m) Rule of construction.
Neither HUD nor any recipient or other intermediary receiving funds under any HUD program or activity shall construe these provisions in such a way as to advantage or disadvantage faith -based organizations affiliated with historic or well -established religions or sects in comparison with other religions or sects.
Credits
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[69 FR 41717, July 9, 2004; 80 FR 75934, Dec. 7, 2015; 81 FR 19416, April 4, 2016; 85 FR 82315, Dec 17, 2020] SOURCE: 61 FR 5202, Feb. 9, 1996; 61 FR 9041, March 6, 1996; 61 FR 9537, March 8, 1996; 61 FR 11113, March 18, 1996; 61 FR 13616, March 27, 1996; 61 FR 54498, Oct. 18, 1996; 70 FR 77743, Dec. 30, 2005; 73 FR ''2340, Nov. 28, 2008; 75 FR 66258, Oct. 27, 2010; 77 FR 5674, Feb. 3, 2012; 80 FR 42352, July 16, 2015; 81 FR 19416, Apri14, 2016; 81 FR 80798, Nov. 16, 2016; 81 FR 90657, Dec. 14, 2016, unless otherwise noted.
AUTHORITY: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d); Sec. 327, Pub.L. 109- 115, 119 Stat. 2936; Sec. 607, Pub.L. 109-162, 119 Stat. 3051 (42 U.S.C. 14043e et seq.); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273.; 29 U.S.C. 794, 42 U.S.C. 1437a, 1437c, 1437c -1(d), 1437d, 1437f, 1437n, 3535(d), and Sec. 327, Pub.L. 109-115, 119 Stat. 2936; 42 U.S.C. 3600-3620; 42 U.S.C. 5304th); 42 U.S.C. 12101 et seq.; 42 U.S.C. 12704-12708. E.O. 11063, 27 FR 11527, 3 CFR, 1958-1963 Comp., p. 652; E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp., p. 849.
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EXHIBIT "S"
Economic Opportunities for Low- and Very Low -Income Persons
CONTRACT REQUIREMENTS
24 CFR Part 75
RIVERSIDE COUNTY
Section 75.1 Purpose
This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.
Section 75.3 Applicability
(a) General applicability. Section 3 applies to public housing financial assistance and Section 3 projects, as follows:
(1) Public housing financial assistance. Public housing financial assistance means:
(i) Development assistance provided pursuant to section 5 of the United States Housing Act of 1937 (the 1937 Act);
(ii) Operations and management assistance provided pursuant to section 9(e) of the 1937 Act; (iii) Development, modernization, and management assistance provided pursuant to section 9(d) of the 1937 Act; and
(iv) The entirety of a mixed -finance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing financial assistance as defined in paragraphs (a)(1)(i) through (iii) of this section. (2) Section 3 projects. (i) Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 or 1701z-2), the Lead -Based Paint Poisoning Prevention Act (42 U.S.0 4801 et seq.); and the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.
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(ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost inflation factor through Federal Register notice not subject to public comment. When the Secretary finds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment. (iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance.
(b) Contracts for materials. Section 3 requirements do not apply to material supply contracts. (c) Indian and Tribal preferences. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self -Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of this part. (d) Other HUD assistance and other Federal assistance. Recipients that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3.
Section 75.5 Definitions.
The terms HUD, Public housing, and Public Housing Agency (PHA) are defined in 24 CFR part
5. The following definitions also apply to this part:
1937 Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq.
Contractor means any entity entering into a contract with:
(1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or (2) A subrecipient for work in connection with a Section 3 project.
Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance.
Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.
Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete. pipes, toilets, sinks, carpets, and office supplies.
Professional services means non -construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial
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consulting, accounting services, environmental assessment, architectural services, and civil engineering services.
Public housing financial assistance means assistance as defined in §75.3(a)(1).
Public housing project is defined in 24 CFR 905.108.
Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.
Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).
Section 3 business concern means:
(1) A business concern meeting at least one of the following criteria, documented within the last six-month period:
(i) It is at least 51 percent owned and controlled by low- or very low-income persons; (ii) Over 75 percent of the labor hours performed for the business over the prior three- month period are performed by Section 3 workers; or
(iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8 -assisted housing. (2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.
(3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.
Section 3 project means a project defined in §75.3(a)(2).
Section 3 worker means:
(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
(i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
(ii) The worker is employed by a Section 3 business concern.
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(iii) The worker is a YouthBuild participant.
(2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. (3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled.
Section 8 -assisted housing refers to housing receiving project -based rental assistance or tenant - based assistance under Section 8 of the 1937 Act.
Service area or the neighborhood of'the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.
Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.
Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project.
Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.
Targeted Section 3 worker has the meanings provided in §§75.11, 75.21, or 75.29, and does not exclude an individual that has a prior arrest or conviction.
Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.
YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226).
Subpart C —Additional Provisions for Housing and Community Development Financial Assistance
§75.19 Requirements.
(a) Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to:
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(i) Section 3 workers residing within the service area or the neighborhood of the project, and (ii) Participants in YouthBuild programs.
(b) Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to:
(i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and (ii) YouthBuild programs.
§75.21 Targeted Section 3 worker for housing and community development financial assistance. (a) Targeted Section 3 worker. A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is:
(1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project, as defined in §75.5; or (ii) A YouthBuild participant.
(b) [Reserved]
§75.23 Section 3 safe harbor.
(a) General. Recipients will be considered to have complied with requirements in this part, in the absence of evidence to the contrary if they:
(I) Certify that they have followed the prioritization of effort in §75.19; and (2) Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b) Establishing benchmarks. (1) HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide benchmark for Section 3 workers and a single nationwide
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benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the nature of the Section 3 project, or other variables. HUD will update the benchmarks through a document published in the FEDERAL. REGISTER, subject to public comment, not less frequently than once every 3 years. Such notice shall include aggregate data on labor hours and the proportion of recipients meeting benchmarks, as well as other metrics reported pursuant to §75.25 as deemed appropriate by HUD, for the 3 most recent reporting years. (2) In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours worked by specific categories of workers or in different localities or regions; averages for labor hours worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks, HUD will exclude professional services from the total number of labor hours as such hours are excluded from the total number of labor hours to be reported per §75.25(a)(4). (3) Section 3 benchmarks will consist of the following two ratios:
(i) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year. (ii) The number of labor hours worked by Targeted Section 3 workers as defined in §75.21(a), divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year.
§75.25 Reporting.
(a) Reporting of labor hours. (1) For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i) The total number of labor hours worked;
(ii) The total number of labor hours worked by Section 3 workers; and (iii) The total number of labor hours worked by Targeted Section 3 workers. (2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §75.31.
(3) The labor hours reported under paragraph (a)(1) of this section must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the
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total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers both professional services and other work and the recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported.
(5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a full-time or part- time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting.
(b) Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks described in §75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:
(1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. (2) Provided training or apprenticeship opportunities.
(3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
(4) Provided or connected Section 3 workers with assistance in seeking employment including:
drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
(5) Held one or more job fairs_
(6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.
(8) Assisted Section 3 workers to obtain financial literacy training and/or coaching. (9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. (12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
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(13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
(14) Outreach, engagement, or referrals with the state one -stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. (c) Reporting frequency. Unless otherwise provided, recipients must report annually to HUD under paragraph (a) of this section, and, where required, under paragraph (b) of this section, on all projects completed within the reporting year in a manner consistent with reporting requirements for the applicable HUD program.
§75.27 Contract provisions.
(a) Recipients must include language applying Section 3 requirements in any subrecipient agreement or contract for a Section 3 project.
(b) Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the requirements of §75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.
Subpart D —Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§75.29 Multiple funding sources.
(a) If a housing rehabilitation, housing construction or other public construction project is subject to Section 3 pursuant to §75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing financial assistance and may follow either subpart B or C of this part for the housing and community development financial assistance. For such a project, the following applies:
(1) For housing and community development financial assistance, a Targeted Section 3 worker is any worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part; and
(2) The recipients of both sources of funding shall report on the housing rehabilitation, housing construction, or other public construction project as a whole and shall identify the multiple associated recipients. PHAs and other recipients must report the following information:
(i) The total number of labor hours worked on the project; (ii) The total number of labor hours worked by Section 3 workers on the project; and (iii) The total number of labor hours worked by Targeted Section 3 workers on the project. (b) If a housing rehabilitation, housing construction, or other public construction project is subject to Section 3 because the project is assisted with funding from multiple sources of housing and community development assistance that exceed the thresholds in §75.3(a)(2), the recipient or recipients
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must follow subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
§75.31 Recordkeeping.
(a) HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the specific HUD program by which the Section 3 project is governed, or the public housing financial assistance is provided or otherwise made available to the recipient, subrecipient, contractor, or subcontractor. (b) Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3 worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows:
(1) For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i) A worker's self -certification that their income is below the income limit from the prior calendar year;
(ii) A worker's self -certification of participation in a means -tested program such as public housing or Section 8 -assisted housing;
(iii) Certification from a PHA, or the owner or property manager of project -based Section 8 - assisted housing, or the administrator of tenant -based Section 8 -assisted housing that the worker is a participant in one of their programs;
(iv) An employer's certification that the worker's income from that employer is below the income limit when based on an employer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or
(v) An employer's certification that the worker is employed by a Section 3 business concern. (2) For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i) For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A) A worker's self -certification of participation in public housing or Section 8 -assisted housing programs;
(B) Certification from a PHA, or the owner or property manager of project -based Section 8 - assisted housing, or the administrator of tenant -based Section 8 -assisted housing that the worker is a participant in one of their programs;
(C) An employer's certification that the worker is employed by a Section 3 business concern; or
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(D) A worker's certification that the worker is a YouthBuild participant. (ii) For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A) An employer's confirmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; (B) An employer's certification that the worker is employed by a Section 3 business concern; or (C) A worker's self -certification that the worker is a YouthBuild participant. (c) The documentation described in paragraph (b) of this section must be maintained for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. (d) A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from when their certification as a Section 3 worker or Targeted Section 3 worker is established. §75.33 Compliance.
(a) Records of compliance. Each recipient shall maintain adequate records demonstrating compliance with this part, consistent with other recordkeeping requirements in 2 CFR part 200. (b) Complaints. Complaints alleging failure of compliance with this part may be reported to the HUD program office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD field office.
(c) Monitoring. HUD will monitor compliance with the requirements of this part. The applicable HUD program office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose appropriate remedies and sanctions in accordance with the laws and regulations for the program under which the violation was found
BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
DATE May 7, 2024
SUBJECT: Approve a First Amendment with Albert A. Webb Associates to Provide Engineering Services for the WWTP Improvements Project — Capital Improvement Project WW24-01
Description First Amendment to Professional Services Agreement with Albert A. Webb Associates.
Background and Analysis:
The City issued a request for proposals (RFP) on April 6, 2023, to interested firms qualified to provide engineering services for the Wastewater Treatment Plant (WWTP) including design services and engineering support services during construction phase.
Albert A. Webb Associates (Webb) was selected to provide engineering services for the WWTP Improvements. A professional services agreement was executed in the amount of $264,680 on June 20, 2023 (Attachment A).
Subsequently, several additional improvements were identified as necessary to ensure efficient operation of the WWTP including an upgrade of the WWTP's non -potable water pump station as well as a secondary access road. Webb submitted a scope and cost proposal for the engineering of these scope items (Attachment B).
Staff has also reviewed with Webb the concept of a demonstration garden discussed at a recent meeting of the City Council. Webb has stated that the design and construction of a modest sized demonstration garden can be accommodated within the existing capital budget for landscape improvements and no additional budget augmentation is anticipated for the demonstration garden.
Staff is recommending an amendment to the current PSA in the amount of $45,359, resulting in a revised contract amount of $310,039. In addition, staff is recommending a 5% contingency ($13,200) for unforeseen engineering costs associated with the WWTP improvements.
Fiscal Impact:
The cost to prepare this report is estimated at $300. The fiscal impact to the capital project WW24-01 is an increase of $58,559 (including the 5% contingency).
The following table is an overview of the current project funding and project budget.
WW24-01 WWTP Improvements Project Accounting Summary
Funding Summary
Funding Year
Funding Source
Amount
23/24
23/24
PayGo
WW DIF
$2,034,369
$465,631
Total Project Funding = $2,500,000
Budget Summary
Project Component
Budget
Encumbered
Paid to
Date
Remaining
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$0
$0
$0
$0
Environmental
$0
$0
$0
$0
Design
$264,680
($264,680)
($111,683)
$0
Construction
$2,235,320
$0
$0
$2,235,320
Construction Management
$0
$0
$0
$0
Permits
$0
$0
$0
$0
Equipment
$0
$0
$0
$0
Project Summary Totals
$2,500,000
($264,680)
($111,683)
$2,235,320
Recommended Action:
Approve the First Amendment with Albert A. Webb Associates to Provide Engineering Services for the Wastewater Treatment Plant Improvements Project to add services and compensation in the amount of $45,359 and authorize the City Manager to approve any contingencies up to 5% of the total sum of the original contract amount.
Attachments:
A. Original Contract with Webb for WWTP Site Improvements B. First Amendment to the Agreement for Professional Services
C. Webb Proposal for additional design items
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AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 20th day of June, 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and Albert A. Webb Associates, a California Corporation, whose address is 3788 McCray Street, Riverside, CA 92506 ("CONTRACTOR").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide Professional Engineering Services- Wastewater Plant Site Improvements and;
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) year(s) unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Professional Engineering Services- Wastewater Treatment Plant Site Improvements per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Brian Knoll as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
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4. Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed Two Hundred Sixty -Four Thousand, Six Hundred Eighty Dollars and Zero Cents ($264,680.00).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY' s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR
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shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.
5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health
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and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required _ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business
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in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.
Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.
CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY.
All obligations under this provision are to be paid by CONTRACTOR as they are
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incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.
The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid
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within thirty (30) business days after receipt of an invoice as provided in this Agreement.
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR' s independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and
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vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements
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of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BEAUMONT ALBERT A. WEBB ASSOCIATES
Oil pAelysigned Ey Brien P. Kroll
� ' C=115,
Brian P. Knoll o=qtA°'w®e=ro� �I.
Date. CIS
P. Knoll
By: By: e� 0],61356Kn ]'gg'
Julio Martinez III, Mayor
Print Name: Brian P. Knoll
Title: Chief Operations Officer
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EXHIBIT "A"
PROPOSAL
A L B E R T
A.
WEBB
A S S O C I AT E S
Proposal to Provide Professional Engineering Services
Wastewater Treatment Plant Site Improvements
Prepared for
-CALIFORNIA-
110- ® 11 i he
www.webbassociates.com
Table of Contents
Section A. Cover Letter 01
Section B. Introduction/Information 02
Section C. Approach 05
Section D. Firm Profile 07
Section E. Location 07
Section F. Organization, Key Personnel, and Resumes 08
Section G. Project Experiences 19
Section H. References 26
Section I. Scope of Services 27
Section J. Cost Proposal 31
Section K. Additional Information 31
Section L. Insurances 31
Section A. Cover Letter
May 11, 2023
City of Beaumont
c/o Grace Wichert
550 E. 6th Street
Beaumont, CA 92223
A L B E R T
A.
WEBB
AS S OC I AT E S
Corporate Headquarters
3788 McCray Street
Riverside, CA 92506
T: 951.686.1070
RE: Request for Proposals for Engineering Services - Wastewater Treatment Plant Site Improvements Dear Ms. Wichert:
Enclosed is Albert A. Webb Associates' (WEBB) proposal to provide engineering services for the Wastewater Treatment Plant Site Improvements for the City of Beaumont (City). The City needs a trusted and experienced technical team to manage and lead this project.
The WEBB Team designed the WWTP Upgrade project and therefore has a complete understanding of all aspects of the Plant. The Plant underwent a recent upgrade and expansion to increase its capacity to 6 MGD. However, this expansion resulted in the removal of several facilities and the creation of more exposed dirt areas, requiring the protection of graded slopes from erosion and runoff into the stormwater system.
In addition, the City aims to enhance the functionality, safety, and aesthetics of the plant entrance by reconfiguring the on -site gate and upgrading the landscaping to include an entry monument. The final component of this project involves the construction of a permanent receiving station for vactor truck discharges. Currently, the plant receives vactor discharge at a temporary facility. Each of these projects will be discussed in detail to ensure the City's objectives are met efficiently and effectively.
Several of our team members also worked on the WWTP Upgrade project and therefore require no ramp up time. Our team members will remain committed for the duration of the project. As a result, you can be confident your water system improvements will be successfully completed in a timely and professional manner. We look forward to the opportunity to continue working together. If you have any questions regarding our proposal, please contact me directly at 951.830.3389, or by email at [email protected].
Sincerely,
Brian Knoll, PE
Chief Operations Officer
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
951.830.3389 / FAX 951.788.1256
[email protected]
THANKS FOR
CONSIDERING
WEBB TO BE
YOUR PARTNER.
Section B. Introduction/Information
Legal Name: Albert A. Webb Associates Representative: Brian Knoll, PE Chief Operations Officer
3788 McCray Street
Riverside, CA 92506
951.830.3389
Legal Form of Company: Corporation
(Left) Photo 1 and (Right) Photo 2 showing large areas of the Plant that are now vacant following the completion of the Upgrade Project.
Statement of Understanding for Services Proposed
The City of Beaumont's Wastewater Treatment Plant has recently been upgraded and expanded to a capacity of 6 MGD.
As part of the Upgrade Project, several facilities were removed and replaced with more advanced systems that required significantly less space and has resulted in more exposed dirt areas. There are also graded slopes that need to be protected from erosion and runoff going into the stormwater system. The City would also like to improve the functionality, safety and aesthetics of the Plant entrance by reconfiguring the gate on -site as well as upgrading the landscaping to include an entry monument. The final component of this project is to construct a permanent receiving station for vactor truck discharges. The Plant currently receives vactor discharge at a temporary facility. Each of these projects will be discussed individually below.
Dust/Erosion Mitigation and Sludge Truck Access Project As seen in Photos 1 and 2, there are large areas of the Plant that are now vacant following the completion of the Upgrade Project. These areas were previously where the
aeration basins were located. The City desires to provide a gravel ground cover to minimize dust and weeds. These improvements will reduce maintenance and enhance
equipment longevity by keeping equipment cleaner. There are also graded slopes that need to be protected from
erosion (see Photo 3). Slope protection is particularly important in the area around the Influent Pump Station.
The mitigation measures may include landscaping, slope
stabilization mats, and crib walls. There is also a need to protect the UV Disinfection system from stormwater runoff entering the channels. A curb will be constructed around the channels to prevent runoff intrusion.
Photo 3 - Graded slopes need protection from erosion
Photo 4 - Area between the Sludge Building and EQ Basin will be paved to create 10-15 new parking spaces for the operations team to utilize.
The final components of this phase of the project will be to enhance the driveway circulation and parking at the Plant. The current circulation through the Plant for the sludge hauling trucks is to travel into the Plant and traverse through/around several other facilities to get to the Sludge Loading Station or to drive across the open dirt area and turn around. The City would like to improve truck circulation and eliminate the need to drive through other areas of the Plant so a new paved access road will be constructed near the Sludge Loading Station. Also, the area between the Sludge Building and EQ Basin will be paved to create 10-15 new parking spaces for the operations team to utilize (See Photo 4). The parking area will include a stairway for easy access to the Membrane Treatment Building where their offices are located.
Entrance Gate, Landscaping and Entry Monument
The entry gate to the Plant has always been located just off Fourth Street and is equipped with a manual chain -link gate. The configuration and functionality of this entrance is challenging and potentially unsafe for the operations team, vendors and visitors because there is inadequate space
to fully pull off Fourth Street when the gate is not open.
The visual aesthetics could also be improved with new
landscaping, lighting, and an entry monument. This phase of the project will reconfigure the gate and fence so that trucks and passenger vehicles can exit Fourth Street with the gate closed. The gates will be equipped with security keypads to facilitate access for the operators and increase security of the Plant. Our team will work with the City to develop a concept for the fence, gate, landscape, lighting, and monument. Once the concepts are confirmed by the
City, the final plans, specifications and bidding documents will be prepared. An example of a similar facility is shown in Photo 5.
Photo 5 - Concept for the fence, gate, landscape, lighting, and monument.
Vactor Dump Station
The City's operations team periodically needs to pump
out lift station wet wells, sewer pipelines, storm drain catch basins and other facilities. Vactor trucks are utilized for this work and those trucks are then brought to the
City's Plant for disposal. By nature of this work, the vactor loads are filled with various solids and debris that can be harmful to the Plant equipment. The act of dumping the
vactor trucks is also messy and challenging. Therefore, a new permanent Vactor Dump Station is needed to better
facilitate this process. The City has selected a design concept based upon WEBB's design and constructed
for Lake Arrowhead CSD at their Willow Creek WWTP.
This concept includes utilizing a roll -off dumpster with an integrated screen to remove solids from the liquid
prior to discharging the liquid into the influent sewer. See Photos 6 and 7. This facility is anticipated to be located in the southeast corner of the Plant adjacent to the existing 30 -inch influent sewer pipeline. The facility will be designed in a manner to allow access for the vactor trucks as well as the waste management haulers who will deliver and pick up the roll -off bins.
Photo 6 - Willow Creek Vactor Station, Lake Arrowhead
Community Services District - Showing a roll -off dumpster with an integrated screen to remove solids from the liquid prior to discharging the liquid into the influent sewer.
Project Bidding/Phasing Strategy
These projects are somewhat unique and specialized and can be bid as separate contracts. However, we would like to explore the opportunity with the City to make them into one construction project. There are synergies between the three that would provide the City economies of scale and simplify the coordination and contracting efforts. Ultimately, we believe the City will get a better and more cohesive project if they are combined. For purposes of our scope of work and budget, we have assumed that they will all be included in one bid package and will be administered as one project.
Photo 7 - WEBB designed Lake Arrowhead Community Services District's Vactor Truck Dump station for the Willow Creek Wastewater Treatment Plant
Section C. Approach
Scope of Services Objectives and Methodology
WEBB understands the absolute need for strong project management. We recognize the critical issues associated with schedule, budget management, and communication. Communication and coordination between the engineering consultant and the City is paramount to each project. To guarantee continuous and effective communication, a project manager will be assigned to each project to serve as the primary point -of -contact to the City and a principal -in -charge will be monitoring the entire process. Our project manager makes it a priority to attend all meetings between the City and the project proponents during the project. This will ensure a constant and effective way of communication resulting in strong budget and schedule control.
Responsiveness and Proximity
Our project management and delivery approach has two major elements: (1) use an experienced project management team with detailed experience of the project area, clear understanding of the City's facilities and preferences, and clearly defined responsibilities and proven management tools to deliver this complex project that meets the City's needs on budget and on schedule, and (2) have a detailed delivery plan that is understood and accepted by the City and the consultant team, with deliverables completed on schedule for timely decision making.
Management Responsibilities and Procedures
Brian Knoll, PE, will be the direct point -of -contact with the City's project manager for all contractual matters focusing on resolving any critical contract issues as soon as they are identified. Brian has the authority to commit firm resources and will support the project manager in managing the overall scope, schedule, and budget. Brian's experience on large multi -disciplinary projects has trained them to look forward to identify and prevent potential delay -causing issues.
The project manager will be responsible for the day-to-day project and technical management which includes:
• Facilitating frequent and consistent communications with the City • Implementing the overall delivery plan
• Managing the overall scope, schedule, and budget
• Implementing the QA/QC Program
• Overseeing the project controls staff for timely project management reports Shane Bloomfield, PE, will be responsible for facilitating final decisions by the City, coordination, management, communicating to the project team and the City project manager, preparing and reviewing design deliverables, and directing design support service disciplines and specialty subcontractors. Shane will assist in presenting the technical work at meetings and documenting action items and decisions.
The Team QA/QC and Project Management Plan will facilitate successful project execution. Management tools, procedures, and a delivery plan are all contained in a comprehensive Project Methodology Plan that is prepared at the beginning of the project and is updated throughout the project. Having a comprehensive and detailed Project Management Plan is essential for delivering a major design project with an integrated team consisting of the City, multiple stakeholders, multiple disciplines, and many deliverables. The City input into the plan will be essential to make certain it is an effective tool, adequately used, and meets your needs. An outline of the Project Management Plan and some initial comments and items to be included, in addition to our detailed Communication Plan, are as follows:
Schedule Management
A preliminary schedule will be prepared, provided, and discussed. In collaboration with the City, the project schedule and milestones will be evaluated and then modifications will be made to set the final baseline schedule during the initial project kick-off process. The baseline schedule will be monitored and tracked by our project manager to maintain the
project milestones and manage critical path items. A tracking schedule will be provided with monthly updates and all schedule variances identified. Actions required to correct schedule deviations will be developed and implemented by the team. The project schedule is an effective management tool when developed and maintained to guide the design team through the tasks required to successfully complete a project. WEBB uses Microsoft Project software to schedule and track project tasks.
Cost/Budget Management Plan
The proposed project budget will be prepared based on tasks required to successfully complete the project. Our project manager will track the final budget compared to the actual earned value, task completion, and cost -to -date and will identify any project cost variance monthly. Corrective actions will be taken to maintain the project budget. If changes to the scope and budget are deemed necessary, our project manager will work with the City to justify the need and clearly define the impacts.
Communication Plan and Management
Communication between all team members and the City is critical to its success. A key differentiator between our project team and our competitors is our physical location and our ability to meet with the clients and stakeholders quickly. We are committed to providing consistent communication by having required members of the project team available for all City meetings.
Issue Management/Risk Management
The tracking of project issues and management of risks is facilitated through a tracking log and available to the City and the project team. With issues being raised through email, phone calls, and meetings throughout the duration of the project, having a centralized document ensures project impacts are identified, logged, assigned, analyzed, acted upon, and addressed as part of the design process.
Quality Management Plan (QMP)
The quality control for this project will be embedded in every stage of the project development. Our QA/QC Program is designed to enhance the cooperation and synergy between the disciplines in-house, our design teams, sub -consultants, and the City. Our entire staff is part of the QA/QC Program and each plays a significant role in its implementation. As an underlying principle of our QA/QC Program, WEBB will utilize senior level staff to review work the product to utilize the experience and knowledge to each aspect of the project.
QA / QC PROCESS
Kick-off Meeting to Establish Clear
Assignments & Stakeholder Expectations
Reduce Errors & Omissions
Eliminate Valueless Activities
Provide Effective Design Solutions
Provide Maximum Value
Project Sustainability
PEER Review
Constructibility Reviews
COMPLETED
PROJECT
Senior Level Quality Checks
Zero Sheet & Checklist Utilization
Section D. Firm Profile
Albert A. Webb Associates (WEBB), a Corporation, has consistently provided civil engineering services to public sector clients throughout California since 1945. This means our clients receive the benefit of a financially stable firm that has withstood many diverse economic times. WEBB is a mid -size consulting firm with offices in Riverside and Murrieta to best meet the needs of all of our clients. WEBB has 180 associates and the in-house expertise to address the needs of cities, water and special districts, counties, regional agencies, and our partner firms within the industry. WEBB offers a broad range of services to meet the objectives of our clients which include project development, planning, design, entitlement, funding, permitting, construction management, and inspection.
Service Departments
• Water Resources
• Construction Management and Inspection
• Land Development Planning & Entitlement
• Land Development Engineering
• Traffic and Transportation Engineering
• Environmental Services
• Biological Resources
• Land Survey and Mapping Services
• Landscape Architecture
• Geographic Information Systems
Owner and Principal Parties
• Matthew Webb, PE, TE, LS - President/CEO
• Scott Webb - Senior Vice President
• Steve Webb - Director of Risk Management
• Brian Knoll, PE- Chief Operations Officer
• Kevin W.M. Ferguson - Chief Development Officer
• Scott Hildebrandt, PE - Chief Strategy Officer
• Todd Smith - Chief Financial Officer
• Sam Gershon, RCE - Senior Vice President
• Bruce Davis, PE - Senior Vice President
• Dilesh Sheth, PE, TE - Senior Vice President
• Stephanie Standerfer - Vice President
• Jason Ardery, PE, TE, LLS, CPESC, QSD - Vice President • Joseph Caldwell, PE, CPESC, CPSWQ - Practice Area Leader • Emily Webb, J.D. - Senior Land Use and Entitlement Specialist Firm Specifics
1945 180 60+
Founding Year
Section E. Location
Number of Employees Professional Licenses
Corporate Headquarters:
3788 McCray Street
Riverside, CA 92506
951.686.1070
Section F. Organization, Key Personnel, and Resumes
Shane Bloomfield PE, will head up the WEBB Team as the Project Manager. Shane's experience covers a variety of improvements for wastewater treatment facilities. These include headworks design, yard piping, grading and civil improvements, drying beds and vactor truck dump stations. Brian Knoll PE, will be the Principal -in -Charge of this project based on his extensive experience in wastewater treatment facility design and upgrades, coordinating multi -disciplinary design teams to provide cost competitive design and construction support services. Brian's most recent experience includes PVRWRF vactor truck dump station for the Eastern Municipal Water District, 14 MGD upgrade to WRCRWA's facility in Eastvale, and the 14 MGD upgrade to the City of Beaumont's wastewater treatment facility.
SKM, Inc., will provide electrical engineering services. WEBB and SKM have teamed on a number of wastewater treatment projects in the last five years, including the City of Beaumont's WWTP Expansion. Structural engineering will be provided by Kleinfelder.
BEAAUMOR N NTA -C L 1 F 0 1
PRINCIPAL -IN -CHARGE
Brian Knoll, PE
Chief Operations Officer
C 65690
PROJECT MANAGER
Shane Bloomfield, PE
Senior Engineer
C 77435
LANDSCAPE
ARCHITECTURE
Jeff Hutchins, PLA, ASLA
Manager
PLA 3815
Jessie Corea, PLA
Landscape Architect
PLA 6840
SUBCONSULTANTS
Kleinfelder
Structural Engineering
SKM, Inc.
Electrical Engineering
REGISTRATIONS
Registered Civil Engineer C 77435 (CA)
EDUCATION
BS, Geology/Hydrology'
Brigham Young University
MS, Environmental Science & Engineering
Colorado School of Mines
AFFILIATIONS
National Groundwater Association (NGWA)
Shane Bloomfield, PE
Senior Engineer
Shane Bloomfield, PE, is a Senior Engineer with WEBB's Water Resources Department.
Shane specializes in the design of public works projects consisting of major pumping plants, groundwater pumping wells, sewer collection system design, wet well rehabilitation, water distribution system design, wastewater treatment plant design, and hydraulic system modeling using various computer models. He has engineering design responsibilities for several projects for public works agency clients including the City of Ontario, City of Riverside, Jurupa Community Services District, Eastern Municipal Water District, and Crestline-Lake Arrowhead Water Agency.
Vactor Dump Station - Willow Creek Wastewater Treatment Plant, Lake Arrowhead Community Services District — Shane was the Project Manager for the District's project. WEBB provided engineering design services for the District's of Willow Creek Wastewater Treatment Plant (WCWWTP) Upgrades. The overall plan for this facility was to simplify the existing facility for equalizing flow to the Grass Valley Wastewater Treatment Plant (GVWWTP). The modifications included changing the facility to provide only primary treatment, maximizing the existing storage ponds, lining the ponds, eliminating the discharge pipeline such that all discharge is directed only to the GVWWTP, upgrading the existing headworks structures (meter, grit chamber, primary clarifier) to meet the anticipated peak flow and evaluating one of the existing primary clarifiers.
With regards to the Vactor Dump Station, the District demoed the existing facility and WEBB designed the new Vactor Dump Station to be a trash enclosure as seen above. The site also features plenty of maneuverability for multiple trucks.
PVRWRF Vactor Truck Dump Station Design, Eastern Municipal Water District (District) - Shane serves as the Project Manager for the Districts design of a new Vactor Truck dump station at the District's PVRWRF. The dump station will meet regulatory requirements and meet the District's goals of 1) efficient operations, and 2) exceeding minimum safety standards at this Cal/STAR site for ergonomics, employee safety, safe walking surfaces, safe chemical handling and appropriate signage and controls for vehicular travel. The project includes preliminary and final design of a complete Vactor Truck dump station to include a roadway system for safe and easy ingress and egress, maneuvering space, containment berms and slopes, dumping area to accommodate up to six Vactor Trucks simultaneously, a connection to sewer for drainage, accessible wash down water, and an ergonomically friendly cleaning, effective and efficient solids handling area, a storage shed for lime, lighting, and vector control strategies. The design package includes all aspects of a fully functional Vactor Truck dump station. When complete, the station will become a model for future Vactor Truck dump stations for the District.
WWTP Expansion and Salt Mitigation Project, City of Beaumont (City) - Shane serves as the Civil Designer for the City's WWTP Expansion. The existing WWTP needs to be expanded and upgraded. The WWTP is currently treating over 75% of its permitted capacity and therefore must begin the expansion process. Per the new Regional Water Quality Control Board's updated Basin Plan, the City must begin
Shane Bloomfield, PE
Senior Engineer
reducing TDS being discharged from the plant. The City completed a feasibility study to identify the best way to expand and upgrade the plant.
Beaumont WWTP Expansion/Upgrade Preliminary Design, City of Beaumont Shane served as WWTP Expansion/ Upgrade Civil Engineer on the WEBB Team that prepared the project feasibility study, which analyzed two different options. The first was the Beaumont option which expands and upgrades treatment at the City's WWTP. For this option three different WWTP configurations were evaluated. In addition, options were explored to dispose of waste brine from the advanced treatment system. The second option was to consolidate treatment with YVWD and deliver all wastewater flow there. For each option, detailed cost estimates were developed taking into account capital cost and O&M costs. In the end the City Council selected the Beaumont option. The preliminary design includes the preparation of 20%-30% plans for both the WWTP expansion as well as a 23 -mile brine disposal pipeline connecting to the IEBL in San Bernardino.
The expansion project includes replacing 20 million gallons per day (MGD) of existing capacity with 26 MGD of new capacity. The improvements also include new solids processing facilities.
Temecula WRF Expansion, Eastern Municipal Water District (EMWD) - Shane served as a design engineer for EMWD's 23 MGD Expansion Project at the Temecula WRF. As a consulting partner to CH2MHill, WEBB was responsible for all aspects of the civil design including site layouts, grading, yard piping, and utility relocations for the 5 MGD expansion of the plant. New facilities included headworks expansion, primary clarifiers, membrane bioreactor, site improvements, and associated yard piping.
Calipatria Surface Water Treatment Plant Chemical Feed (6 MGD), Golden State Water Company - For this project, Shane was responsible for the design of two 4.5 -MG geo-membrane lined open raw -water reservoirs and four 1 -MG welded steel reservoirs. Shane prepared the civil and mechanical drawings associated with the reservoirs, including inlet/outlet piping, concrete ring wall design, and site piping. Shane was responsible for review of the structural drawings for the steel reservoirs during the construction phase of the project.
Imperial Wastewater Treatment Plant Expansion (1.0 MGD), City of Imperial (City) - Shane served as Project Engineer for the Imperial Wastewater Treatment Plant Expansion (1.0 MGD) Project. The purpose of this project was to provide ad- ditional wastewater treatment capacity for the City and upgrade the City's disinfection system. WEBB was responsible for the implementation of this 1.0 MGD wastewater treatment plant (WWTP) upgrade project. The firm had responsibility for all aspects of the project including preliminary engineering, environmental documentation and compliance, survey and map- ping, final facility design, bidding, construction management, inspection, and NPDES permitting. The upgrades to the City's existing facility included the design of new headworks screening units, addition of an activated sludge extended aeration basin, reinforced concrete secondary clarifiers, blower building and blower units, upgraded UV disinfection system, sludge drying beds and sludge staging area, flow monitoring and sampling, electrical and controls upgrades, and all appurtenant process and yard piping.
Golden State Water Company - Bissell Tank and Treatment Plant, Golden State Water Company - Shane was responsible for the construction management and field inspection. His responsibilities also included submittal review, responding to questions during construction, monitoring schedules, reviewing payment requests, resolving change orders, performing materials testing for soils and concrete, and on -site field inspection during construction. For this project, Shane was responsible for the design of two 4.5 -MG geo-membrane lined open raw -water reservoirs and four 1 -MG welded steel reservoirs. Shane prepared the civil and mechanical drawings associated with the reservoirs, including inlet/outlet piping, concrete ring wall design, and site piping. Shane was responsible for review of the structural drawings for the steel reservoirs during the construction phase of the project.
REGISTRATIONS
Registered Civil Engineer C 65690 (CA)
Registered Civil Engineer C 42407 (AZ)
EDUCATION
MS, Civil Engineering
Brigham Young University
BS, Civil Engineering
Brigham Young University
AFFILIATIONS
American Water Works Association (AWWA)
American Society of Civil Engineers (ASCE)
Water Environment Federation (WEF)
Inland County Water Association (ICWA)
Brian Knoll, PE
Chief Operations Officer
Brian Knoll, PE, is a Chief Operations Officer with WEBB. Brian has been responsible for the design and direction of capital improvement projects throughout southern California. Brian's expertise lies in planning, design, and construction oversight of water and wastewater facilities. Brian has been involved in numerous large multi -discipline water and wastewater projects including the City of Riverside's 26 MGD expansion of their water quality control plant, the 14 MGD expansion of the Western Riverside Wastewater Treatment Plant, and the 6 MGD expansion of the Calipatria Water Treatment Plant. He has worked extensively with the City of Imperial, Western Municipal Water District, Golden State Water Company, the City of Corona, Crestline Lake Arrowhead Water Agency, Eastern Municipal Water District, the City of Riverside, and WRCRWA. Brian has also worked closely with other engineering partners such as CDM Smith, Black & Veatch, and CH2M Hill.
His macro style in water resources leadership coupled with a practical approach, enhances Brian's standing within the firm and the industry.
Wastewater Treatment Plant Expansion and Salt Mitigation Project, City of Beaumont (City) - Brian serves as Principal -in -Charge and Project Manager for the City's project which consists of two major components:
Waste Water Treatment Plant (WWTP) Expansion and Upgrade - Final Design The existing WWTP needs to be expanded and upgraded. The WWTP is currently treating over 75% of its permitted capacity and therefore must begin the expansion process. Per the new Regional Water Quality Control Board's updated Basin Plan, the City must begin reducing TDS being discharged from the plant. The City completed a feasibility study to identify the best way to expand and upgrade the plant. The Plant will be converted to an MBR process followed by RO for TDS reduction. The Plant will also add screening, EQ, sludge dewatering, and drying.
Brine Line - Final Design - Brine disposal is an integral part of this project and was a key driver in the selection of this project. Without a safe, reliable, and cost effective way to dispose of the brine, this project cannot move forward and compliance with the Basin Plan would be impossible. The brine pipeline connecting to the Inland Empire Brine Line (IEBL) was determined to be the best option during the feasibility study, due to cost and certainty of operation.
The brine line has been sized at 12 -inches and will be approximately 23 -miles long. The pipeline begins at the City's WWTP and ends near the City of San Bernardino's WWTP on Waterman Avenue.
PVRWRF Vactor Truck Dump Station Design, Eastern Municipal Water District (District) - Brian serves as the Principal -in -Charge for the Districts design of a new Vactor Truck dump station at the District's PVRWRF. The dump station will meet regulatory requirements and meet the District's goals of 1) efficient operations, and 2) exceeding minimum safety standards at this Cal/STAR site for ergonomics, employee safety, safe walking surfaces, safe chemical handling and appropriate signage and controls for vehicular travel. The project includes preliminary and final
Brian Knoll, PE
Chief Operations Officer
design of a complete Vactor Truck dump station to include a roadway system for safe and easy ingress and egress, maneuvering space, containment berms and slopes, dumping area to accommodate up to six Vactor Trucks simultaneously, a connection to sewer for drainage, accessible wash down water, and an ergonomically friendly cleaning, effective and efficient solids handling area, a storage shed for lime, lighting, and vector control strategies. The design package includes all aspects of a fully functional Vactor Truck dump station. When complete, the station will become a model for future Vactor Truck dump stations for the District.
Imperial Wastewater Treatment Plant Expansion (1.0 MGD), City of Imperial (City) - Brian served as Principal -in - Charge for the Imperial Wastewater Treatment Plant Expansion (1.0 MGD) Project. The purpose of this project was to provide additional wastewater treatment capacity for the City and upgrade the City's disinfection system. WEBB was responsible for the implementation of this 1.0 MGD wastewater treatment plant (WWTP) upgrade project. The firm had responsibility for all aspects of the project including preliminary engineering, environmental documentation and compliance, survey and mapping, final facility design, bidding, construction management, inspection, and NPDES permitting. The upgrades to the City's existing facility included the design of new headworks screening units, addition of an activated sludge extended aeration basin, reinforced concrete secondary clarifiers, blower building and blower units, upgraded UV disinfection system, sludge drying beds and sludge staging area, flow monitoring and sampling, electrical and controls upgrades, and all appurtenant process and yard piping.
WRCWRA Wastewater Treatment Plant, Western Riverside County Regional Wastewater Authority - Brian served as Project Manager for the WEBB Team that designed the 14 MGD plant expansion. The expansion project included evaluating alternatives to provide additional flow and biological capacity while reducing the overall cost of treatment. WEBB's design includes primary, secondary, and tertiary treatment along with disinfection and solids handling. Working with the member agencies, cost effective alternatives are being selected and refined to make this project affordable to build while reducing the cost of treatment. The project also includes chemical storage and pumping.
WRF-1 Centrifuge Replacement Expansion Phase 1, City of Corona Department of Water and Power - Brian served as the Project Manager for this project. The purpose of this project was to improve biosolids dewatering performance at Corona's WRF #1. This is accomplished by replacing one of the existing belt presses with a new centrifuge. The two existing belt presses discharge dewatered solids at approximately 14% DS into the conveyor system and into the truck loading and dryer facilities. It is anticipated that the new centrifuge will produce 16-18% DS which will reduce hauling costs when the sludge is being moved out of the facility and will reduce operating costs when the dryer is in operation.
WRP 10 Headworks Condition Assessment and Alternatives, Coachella Valley Water District (District) - Brian served as Project Manager for the WEBB Team which prepared the Condition Assessment and Recommendation Report for the District's WRP 10 Headworks. The result of report and coordination with District personnel was the recommendation to replace the existing Influent Pump Station, Headworks Screens and associated facilities.
Existing data provided by the District was reviewed to develop the existing flows and loads received at the plant.
District input and information was used to project future flows and loads for planning and design purposes at the plant. Operation, maintenance, and replacement costs were developed for the alternatives and included as part of the overall evaluation of the alternatives. WEBB held three workshops associated with the assessment. The final report was delivered after the input and review from all the workshops was incorporated.
Eric Ng, PE, SE
Principal -in -Charge
Kleinfelder
Registered Civil Engineer C 43701
Registered Structural Engineer SE 3583
EDUCATION
MS, Structural Engineering
BS, Structural Engineering
Erig has over 30 years of professional experience in structural engineering and a design background encompassing structures constructed with construction materials such as reinforced concrete, reinforced masonry, structural steel, aluminum, and wood. His project experience involves retrofit or new design of numerous reservoirs (concrete and steel), potable water and wastewater pump stations, dam outlet towers, industrial tilt up and masonry buildings, hospitals, schools, fire stations, water, and wastewater treatment plants, and residential buildings.
Nuevo Tank Condition Assessment and Rehabilitation, Eastern Municipal Water District - Eric provided a visual condition assessment and the rehabilitation design of a new roof for an existing 50 foot diameter by 32 foot tall steel tank. Kleinfelder also provided construction support services.
Fruitvale Tank Condition Assessment, Eastern Municipal Water District, Perris - Eric provided a visual condition assessment and report for the structural condition of this 1 million gallon steel tank.
Reservoirs Seismic Retrofits City of San Bernardino, San Bernardino, CA. Eric provided structural engineering services for the seismic review and analysis of 23 existing reservoirs for the City of San Bernardino Municipal Water Department.
The reservoir types include circular steel, circular conventionally reinforced concrete, and rectangular conventionally reinforced concrete, both above and below grade.
Pump Station at 65th and Herrick, City of San Diego Water Department, San Diego - Eric provided Quality Control on the structural design of this new aboveground pump station at 65th Street and Herrick and the design of a concrete masonry shell and a wood -framed roof. The 65th & Herrick Water Pump Station is located at the southeast corner of 65th and Herrick Streets in Encanto and services the communities of Encanto, Skyline and Paradise Hills. The new pump station was built to replace an existing pump station built in 1949. The new pump station includes a new masonry pump house, and feature three new state-of-the-art variable speed pumps, one backup pump, an emergency generator, new electrical control equipment as well as site and landscaping improvements.
Garden Grove Concrete Reservoirs Condition Assessment, City of Garden Grove - Eric served as Project Manager for the assessment of eight concrete reservoirs for the City of Garden Grove. The reservoirs included in the assessment ranged in capacity from 4 MG to 10 MG with an age of 15 to 45 years old. Six of the reservoirs were circular pre stressed concrete tanks and the remaining two were rectangular concrete tanks. The scope of work included site observations of each reservoir and the associated site, structural and seismic analysis, a report summarizing the results of the investigations with improvement and upgrade recommendations, and a capital improvement program to aid in budgeting and scheduling.
San Vicente Pump Station, San Diego Water Authority, San Diego - Eric provided engineering design for the structural design of a 30,000 hp pump station for the San Diego County Water Authority. The building is approximately 260 -foot -long by 80 -foot -wide by 50 -foot -high, and has a clear height of 34 feet from operating floor to bottom of roof girder and is organized on two levels. The lower level pump room houses the pumps. This lower level has a depressed passageway along the north wall to provide access between the pumps. The upper level houses the control room, the unisex toilet, the loading dock, and appropriately sized .support areas such as electrical and heating, ventilation, and air conditioning (HVAC).
Christina Nishimoto, PE, SE
Project Manager
Kleinfelder
EDUCATION
Registered Civil Engineer C 73208 MS, Structural Engineering, University of California, San Diego Registered Structural Engineer SE 6084 BS, Structural Engineering, University of California, San Diego Christina Nishimoto has nine years of professional experience including working with steel, concrete, masonry, and timber structures and is knowledgeable in the design considerations of all four materials and their respective governing codes. Her design phase work has included attending meetings, coordinating with other professional trades, structural analysis, and detailing.
Wastewater Treatment Plant Expansion and Salt Mitigation Project, City of Beaumont - Christina serves as Structural Project Engineer for the City's project which consists of two major components:
Waste Water Treatment Plant (WWTP) Expansion and Upgrade - Final Design (Structural) - The existing WWTP needs to be expanded and upgraded. The WWTP is currently treating over 75% of its permitted capacity and therefore must begin the expansion process. Per the new Regional Water Quality Control Board's updated Basin Plan, the City must begin reducing TDS being discharged from the plant. The City completed a feasibility study to identify the best way to expand and upgrade the plant. The Plant will be converted to an MBR process followed by RO for TDS reduction. The Plant will also add screening, EQ, sludge dewatering, and drying.
Brine Line - Final Design (Structural) - Brine disposal is an integral part of this project and was a key driver in the selection of this project. Without a safe, reliable, and cost effective way to dispose of the brine, this project cannot move forward and compliance with the Basin Plan would be impossible. The brine pipeline connecting to the Inland Empire Brine Line (IEBL) was determined to be the best option during the feasibility study, due to cost and certainty of operation. The brine line has been sized at 12 -inches and will be approximately 23 -miles long. The pipeline begins at the City's WWTP and ends near the City of San Bernardino's WWTP on Waterman Avenue.
WRCWRA Wastewater Treatment Plant, Western Riverside County Regional Wastewater Authority - Christina served as Structural Project Engineer for the WEBB Team that designed the 14 MGD plant expansion. The expansion project included evaluating alternatives to provide additional flow and biological capacity while reducing the overall cost of treatment. WEBB's design includes primary, secondary, and tertiary treatment along with disinfection and solids handling.
Working with the member agencies, cost effective alternatives are being selected and refined to make this project affordable to build while reducing the cost of treatment. The project also includes chemical storage and pumping.
Plant 150, East Valley Water District - Christina serves as Project Engineer providing foundation calculations, drawings, and specifications for Plant 150, a centralized water treatment plant. The scope of work includes a ring foundation for two 500,000 gallon steel tanks for surface water, concrete foundations for an operations building, chemical building, and multiple ion exchange tanks.
Christina Nishimoto, PE, SE
Project Manager
Kleinfelder
Miramar Clearwell Improvements, City of San Diego Public Utilities Department - Christina serves as Project Engineer providing the design of two new rectangular hopper bottom reservoirs, totaling 58.3 MG. The structural system is a two-way reinforced concrete roof with drop panels supported seismically by perimeter concrete shearwalls. Christina is also designing a 5 MG chlorine contact chamber of similar structural system and assisting in managing the work of a number of subconsultants, including the water disinfection process, architectural, civil, landscaping, and environmental permitting.
Point Loma Sedimentation Basin Rehabilitation, City of San Diego - Christina served as Project Engineer on the Point Loma Wastewater Treatment Plant project that consists of 12 existing sedimentation basins constructed as several different projects starting in 1962 through 1996. The result of the varying projects is non -uniformity within the 12 basins.
Christina provided support on structural engineering services provided by KLFISWE which included site evaluation, design and drafting, and construction administration during the construction process. Additionally, Christina provided the design of a pipe support rack.
Pump Stations 1 and 2, City of San Diego Metropolitan Wastewater Department - Christina provided structural calculations and construction support for this design -build project. KLF/SWE's scope of work included the design of a two-story concrete masonry building at Pump Station 2 as a sub -consultant to Carollo Engineers. The first floor of the building is an electrical room and the second floor is used for storage. The structural system of the building consists of long span trusses for the roof framing, composite floor, and a mat foundation.
Twin Oaks Central Basin, Central Basin Municipal Water District - Christina served as Project Engineer providing design calculations for the 50 MGD design/build water treatment plant. The design included pump stations, arc flow treatment barriers, two 14 MGD reservoirs, and an ozone treatment facility and filter basin.
Pala Casino Wastewater Treatment Plant, Pala Band of Mission Indians - Christina served as Project Engineer providing the design calculations for this project, which provided the Pala Band of Mission Indians a new wastewater treatment plant and upgrades to the existing lift station.
Phase I Expansion, Riverside Regional Water Quality Control Plant - Christina served as the Project Engineer and provided construction support services for the Phase I expansion. KLF/SWE's scope of work included design consulting services for this project. The expansion scope was to replace 20 MGD of existing conventional activated sludge capacity with 26 MGD of membrane bioreactor capacity.
skm
Project Role
Electrical & Controls Engineer
Work Experience
21 Years
Education
BS Electrical Engineering
University of Utah, 2002
Registration
Professional Engineer:
Utah
Certification
Ignition Gold Certification
Specialties
- Electrical Engineering
- Control and SCADA Systems
- Design & Integration
- Network and Communications
- Design and Integration
- Water & Wastewater
- Facilities Process Control and
Optimization
- Project Management
- Construction Management
skmeng.com
save time - save energy - save money
Mark P. Jeppsen, P.E. - Principal
(801) 683-3760 - [email protected]
Mr. Jeppsen is an electrical, instrumentation and controls engineer with 21 years of experience in power design, controls engineering, process and instrumentation design, industrial network design, construction oversight, radio and telemetry systems, SCADA system design and integration and PLC and HMI design and integration. He has designed and integrated multiple potable water, secondary water, water treatment, wastewater collection and wastewater treatment systems. Design tasks include facility power, motor power and control, SCADA systems, instrumentation selection and control, process and instrumentation diagrams, communications networks and systems, control loop diagrams and descriptions. Integration tasks include control and PLC panel design and construction, PLC, OIT and HMI programming and commissioning, radio system integration and testing, instrument calibration, automated reporting systems and operator training and documentation.
Project Experience
2009 - 2021:
Jurupa Community Services District (JCSD), Jurupa, CA - Electrical and Controls Engineer Mark has worked with JCSD on various projects over the years including the Regional Lift Station and various other lift stations. He has also was the lead electrical engineer on Wells 13, 27 & 28 as well as the JCSD-RCSD Booster Pump Station. Mark has worked closely with the District's controls engineer and O&M staff to develop designs drawings that are tailored to the District's standards. 2009 - Present:
Western Riverside County Regional Wastewater Authority (WRCRWA), Eastvale, CA - Electrical and Controls Engineer
In 2009 Mark led the electrical and control design for an aeration upgrade at the WRCRWA plant. This included a new blower building with associated controls for the existing oxidation ditches. In 2012 Mark was the lead electrical engineer for a complete plant expansion at WRCRWA which also included new network, PLC, and HMI systems. Since the completion of the expansion, Mark has provided services for several projects and has provided on -call support for the facility.
2006 — Present:
Salt Lake City, UT - Electrical and Controls Engineer
SKM has been providing services to Salt Lake City for their various water and wastewater facilities since 2006.
Mark is currently overseeing the implementation of a complete control system upgrade at the 50 MGD Water Reclamation Facility which includes control panel upgrades, PLC replacements and new HMI screens. SKM has designed a new WAS thickening facility and is currently designing a new Headworks facility. Mark is the lead engineer and project manager for electrical and controls upgrades at the 20 MGD Big Cottonwood Water Treatment Plant that will be completed in 2018.
2004 — Present:
Central Weber Sewer Improvement District, UT - Electrical and Controls Engineer SKM has been working for Central Weber Sewer Improvement District (CWSID) since 2004 by providing electrical designs, controls upgrades and system maintenance. Mark has managed upgrades at the plant as they have come, including upgrades for the influent pump building, utility water pump building and PLC & HMI upgrades.
In 2006 design began for a complete 60 MGD plant expansion and SKM was an integral part of the design and integration team. Construction for this project began in 2008 and was completed in 2012. 2004 — Present:
Sandy City, UT - Electrical and Controls Engineer
SKM provided the complete and operational SCADA System for Sandy City's Water System that was completed in 2005. Since then, SKM has provided incremental additions, improvements and maintenance including a new storm water system. The system consists of nearly 40 remote sites that consist of tanks, boosters and wells. In 2016 SKM provided an HMI system upgrade for the water and storm water systems. 2003 — Present:
Park City, UT - Electrical and Controls Engineer
SKM began working for Park City by providing the system integration for an iron, arsenic and manganese removal process at the Spiro Water Treatment Plant in 2003. In 2012, SKM provided the complete and operational SCADA System for the Quinn's Junction Water Treatment Plant, a microfiltration membrane process. This included PLC & HMI programming, custom reports and historical data gathering and startup and commissioning.
In 2016 SKM upgraded Park City's complete SCADA system which included their two water treatment plants and approximately 70 remote boosters, tanks, metering stations, PRV stations and well houses.
Mark P. Jeppsen, P.E. - Principal
Project Experience (continued)
2003 — Present:
City of Tooele, UT - Electrical and Controls Engineer
Mark began working for the City of Tooele by providing electrical and controls maintenance at the City's Water Reclamation Facility. In 2011 Mark was the lead electrical engineer for the design, construction and integration of a plant expansion at the Water Reclamation Facility. In 2015 SKM began providing electrical and controls services for the City's culinary water system. 2002 — Present:
City of Payson, UT - Electrical and Controls Engineer
The Payson Wastewater Treatment Plant was upgraded in 2002. Mark successfully implemented the electrical design for the project, oversaw the construction, and integrated the control system. A new fiber optic network was successfully installed and improved the operation and reliability of the SCADA system.
1999 — Present:
Springville City, UT - Electrical and Controls Engineer Mark successfully designed and implemented the electrical and controls for two plant expansions at the Springville Wastewater Treatment Plant. The first expansion was in 1999 and the second in 2009. The expansions consisted of a new electrical service, new SCADA system and PLC replacements. SKM has been providing integration and maintenance services to the City since 1999. 1999 — Present:
Spanish Fork City, UT - Electrical and Controls Engineer In 1999 SKM began working for Spanish Fork City by upgrading the electrical and controls system for their primary pump station at the Wastewater Treatment Plant. In 2004, the plant was expanded and Mark was the lead electrical and controls engineer for the project. He successfully implemented the electrical design for the project, oversaw the construction, and integrated the control system. A new fiber optic network was successfully installed and improved the operation and reliability of the SCADA system. 1998 — Present:
West Wendover, NV - Electrical and Controls Engineer
Since 1998 SKM has been providing services to the City of West Wendover for their water and wastewater systems. In 1999-2000 SKM performed a SCADA System replacement for both systems that incorporated new radios and equipment for their well field and pipeline located 20 miles from the City. In 2011-2012 SKM provided the design engineering and integration for a new MBR facility at the Water Reclamation Facility.
Other Project Experience
Present: Beaumont City, CA. WWTP MBR and RO Expansion
Present: Las Gallinas, CA. WWTP Expansion
Present: City of Imperial, CA. WWTP MBR Facility Expansion
Present: Central Davis Sewer District, Kaysville, UT. WAS Thickening Addition
2016: Ogden City, UT. Water System SCADA Upgrade
2016: Provo City, UT. WWTP UV Building Addition and Headworks Upgrade 2015: Ogden City, UT. WTP Microfiltration Upgrade
2015: Provo City, UT. WWTP Master Plan
2014: Imperial, CA. WTP Controls Upgrade
2013: City of Elko, NV. WWTP Upgrade
2013: Fort Shafter Flats, HI. WWTP MBR Facility
2011: Las Gallinas, CA. WWTP Microfiltration Addition
2011: Provo City, UT. WWTP Centrifuge Facility Upgrade
2011: Orem City, UT. WWTP Expansion
2010: Taos, NM: WWTP MBR Facility Expansion
2010: Moroni, NM: WWTP MBR Facility
2009: Brigham City, UT. WWTP Expansion
2008: Heber, CA. WWTP Expansion
2008: Inscription Canyon Ranch, AZ. WWTP MBR Plant
2008: Edgewood City, NM. WWTP MBR Facility
2007: Gallup, NM. WWTP Expansion
2006: Jerome City, ID. WWTP MBR Facility
2005: Hyrum City, UT. WWTP MBR Facility
2003: Oakley City, UT. WWTP MBR Facility
■
REGISTRATIONS:
Registered Landscape Architect
PLA 3815 (CA)
YEARS OF EXPERIENCE:
34 Years
EDUCATION:
BS Landscape Architecture,
California State Polytechnic University, Pomona
AFFILIATIONS:
American Society of Landscape Architects
(ASLA)
REGISTRATIONS:
Registered Landscape Architect
PLA 6840 (CA)
EDUCATION
BS, Landscape Architecture
California Polytechnic University,
Pomona
AA, Liberal Arts
Chaffey Community College
Jeff Hutchins, PLA, ASLA
Manager, Landscape Architect
Jeff Hutchins has three decades of experience as a landscape architect.
Jeff's aspirations are exemplified in his development of green infrastructure on every project that comes in the door. By emphasizing "One Water," the comprehensive approach of managing water in an environmentally, economically and socially beneficial manner, he strives to create self-sustaining landscapes.
He oversaw the construction of some of the most visible projects, including SoFi Stadium (Lake Park), Dodger Stadium, Hillcrest Park, Vista Hermosa Park, Los Angeles River Greenway Trail, lshihara Park, and several storm water projects funded by local ballot measures, including the LA Zoo parking lot, Westside Rainwater Park, and South LA Wetlands. The City of Los Angeles Bureau of Sanitation, the AIA-LA, ASLA-SCC, and APACA recognized Jeff for his leadership in storm water design at PALAPA, an annual assembly of storm water professionals. Additionally, Jeff has worked extensively with the Los Angeles and San Jacinto School Districts to provide students of all ages with access to nature to support learning as well as social, mental, and physical health.
At a technical level, Jeff has established a project production method that has proven itself many times over. As new technologies and processes are introduced to the work flow, Jeff has integrated them while maintaining a standard of efficiency in project delivery.
Jessie Corea, PLA
Landscape Architect
Jessie Corea is a Landscape Architect with WEBB's Landscape Architecture Department. Jessie's experience includes developing conceptual landscape plans, graphic representations, and planting designs with both public and private clients.
In addition to landscape plans, Jessie also provides general design development including entry monument design, conceptual streetscape design, presentation graphics, construction documents, and schematic detail design for WEBB's commercial/industrial, residential development, and traffic and transportation markets.
Section G. Project Experience
The WEBB Team has been involved in the design of a number of Vactor Truck Dump Stations. We have provided examples of similar projects for the City of Riverside, Jurupa Community Services District, Olivenhain Municipal Water District, and Lake Arrowhead Community Services District. Each station was designed considering the space available and the specific needs of that agency.
Vactor Truck Dump Station - Willow Creek WWTP
Lake Arrowhead Community Services District
Client Contact:
Scott Schroder, Engineering Manager, 909.336.7136 1 [email protected] Lake Arrowhead Community Services District - 28200 State Highway 189, Lake Arrowhead, CA, 92352 WEBB provided engineering design services for the District's Willow Creek Wastewater Treatment Plant (WCWWTP) Upgrades. The overall plan for this facility was to simplify the existing facility for equalizing flow to the Grass Valley Wastewater Treatment Plant (GVWWTP). The modifications included changing the facility to provide only primary treatment, maximizing the existing storage ponds, lining the ponds, eliminating the discharge pipeline such that all discharge is directed only to the GVWWTP, upgrading the existing headworks structures (meter, grit chamber, primary clarifier) to meet the anticipated peak flow and evaluating one of the existing primary clarifiers.
With regards to the Vactor Dump Station, the District demoed the existing facility and WEBB designed the new Vactor Dump Station which contains a filtered dewatering box used for dewatering sludges, clarifying liquids, and grease.
The vactor truck backs up to the curb stops and dumps directly into the dewatering box, which is designed to drain off the liquids into the containment area that the dewatering box rests in. The drainage from the box is then piped by gravity to an existing sewer line. This method minimizes the need for personnel to handle the solids and helps minimize odor and prevents squirrels and birds from spreading the separated solids with the sliding lid. The site also features plenty of maneuverability for multiple trucks.
Vactor Truck Dump Station - Plant 1 Retention Ponds
Jurupa Community Services District
Client Contact:
Keith Backus, Project Manager - 951.685.7434 Ext. 135 1 [email protected] Jurupa Community Services District, 11201 Harrel Street, Jurupa Valley, CA 91752 JCSD Plant 1 is a critical regional pump station located at the southeast corner of Bain Street and Limonite Avenue.
The facility plays a vital role in conveying wastewater to the City of Riverside Reclamation Plant, providing temporary storage of raw wastewater during force main operations maintenance, and offering equalization storage during peak wet weather flow. As part of the facility's continuous improvement efforts, WEBB was contracted to design a new vactor dump station.
WEBB's design of the new vactor dump station incorporates a three -bay system that can accommodate multiple vactor trucks. Each bay has a drain that is connected to an underground septic tank, which is, in turn, connected back to the plant's headworks. When the vactor trucks back over the curb into the dump bay, the load is emptied onto the flatter surface of the dump station, allowing the solids to dry, and the liquids to run down towards the drain system. Once the solids are dry, a skip loader enters the dump bay and pushes the dry solids towards the deeper part of the dump station.
The loader uses the far wall as a push wall to aid in filling the skip loader, which then dumps the solids into two roll -off trash cans for disposal.
The roll -off trash cans are situated in a drainage area that collects any spillage or additional water from the solids and directs it to the septic tank. The new vactor dump station design offers a more efficient and safe solution for disposing of solids from the vactor trucks, enhancing the overall functionality of the JCSD Plant 1. WEBB's expertise in design and engineering, coupled with their understanding of the specific needs of the facility, has resulted in the successful completion of this critical project.
Beaumont Treatment Plant Expansion and Salt Mitigation
City of Beaumont
Client Contact:
Elizabeth Gibbs
City Manager
City of Beaumont
951.769.8520
[email protected]
Date Performed:
2016-2018
Team Members:
Brian Knoll, PE
Justin Logan, PE
Shane Bloomfield, PE
Mark Jeppsen, EE
Eric Ng, PE, SE
Autumn DeWoody
Design Fee:
$4 million
Construction Cost:
$90 million
Change Order Percentage:
2%
WWTP Expansion and Upgrade
The existing WWTP needs to be expanded and upgraded. The WWTP is currently treating over 75% of its permitted capacity and therefore must begin the expansion process. Per the new Regional Water Quality Control Board's updated Basin Plan, the City must begin reducing TDS being discharged from the plant. The City completed a feasibility study to identify the best way to expand and upgrade the plant. The WWTP upgrades include additional headworks screening, flow equalization, grit removal, fine screens, MBR, reverse osmosis, biosolids dewatering, and drying.
Brine Line - Final Design
Brine disposal is an integral part of this project and was a key driver in the selection of this project. Without a safe, reliable, and cost effective way to dispose of the brine, this project cannot move forward and compliance with the Basin Plan would be impossible.
The brine pipeline connecting to the Inland Empire Brine Line (IEBL) was determined to be the best option during the feasibility study, due to cost and certainty of operation. The brine line has been sized at 12 -inches and will be approximately 23 -miles long. The pipeline begins at the City's WWTP and ends near the City of San Bernardino's WWTP on Waterman Avenue. WEBB is also leading the permitting of this facility with Riverside County, San Bernardino County, City of Redlands, City of Loma Linda, and City of San Bernardino.
WRCRWA WWTP Expansion - 14 MGD
Western Riverside County Regional Wastewater Authority
Client Contact:
Tom Moody, Director of Utilities
City of Corona Department of Water and Power
Previously WRCRWA Board President
755 Public Safety Way
Corona, CA 92878
951.279.3660
[email protected]
Date Performed:
2012-2017
Team Members:
Brian Knoll, PE
Justin Logan, PE
Shane Bloomfield, PE
Eric Ng, PE, SE
Mark Jeppsen, EE
Design Fee:
$3.6 million
Construction Cost:
$61 million
The existing Western Riverside County Regional Wastewater Authority (WRCRWA) Treatment Plant (Plant) was originally placed in operation in March 1998 and was constructed as a design build project. The design capacity is 8.0 million gallons per day (MGD). The service area associated with this treatment facility has continued to grow over the past few years and several of the member agencies associated with the WRCRWA require additional wastewater capacity. As such, WEBB designed the 14 MGD plant expansion.
The expansion project included evaluating alternatives to provide additional flow and biological capacity while reducing the overall cost of treatment. WEBB's design includes primary, secondary, and tertiary treatment along with disinfection and solids handling.
Working with the member agencies, cost effective alternatives are being selected and refined to make this project affordable to build while reducing the cost of treatment. The project also includes chemical storage and pumping.
Project Highlights
• Expanded to 14 MGD
• Operating Facility
• Headwork Screening
• Biological Treatment
• Anaerobic Digestion
• Tertiary Filtration
Change Order Percentage:
2.5%
• Sludge Dewatering and Drying
• Storage and Pumping
• Odor Control
• EQ Basin and Pump Station
• Covered Primary Clarifiers
Recycled Water Irrigation Projects
Eastern Municipal Water District
Client Contact:
Gary Schlenker
Senior Engineering Technician
Eastern Municipal Water District
2270 Trumble Road
Perris, CA, 92572-8300
951.928.3777
[email protected]
Recycled Water Irrigation Plan
Tr. 31632-1 Olive Ave Streetscape WO 14536
Green Valley Streetscape POC 1 WO 19356
Green Valley Streetscape POC 2 WO 19335
Green Valley Median POC 4 WO 19339
Rider 1 On -site WO 19447
Rider 1 Off -site WO 19449
Rider 1 Median WO 19457
Indian and Ramona Streetscape WO 77012
Tr. 31141 & 31142 Streetscape and Basins WO
77110
Tr. 31142 Prairie Park WO 77112
Tr. 30807 Settler's Park WO 19546
WEBB has been successful in planning and executing variety of work samples that range from multi -tract residential developments such as Green Valley, industrial developments such as Rider Industrial and Perris North/South, and commercial/residential developments such as Crossroads North. The projects mentioned herein all have started from Recycled Water Use Plans (RWUP) that have all been prepared by WEBB's Landscape Architecture team in collaboration with our in-house Water Resources department of civil engineers.
All projects mentioned have also branched out to multiple Recycled Water Use Exhibits (RWUE) that have each presented their own unique challenges dealing with phasing, the need for temporary inter -ties with future connections, dealing with providing recycled water to individual commercial pads via a single meter and more! Facilitation of this process has been streamlined by WEBB due to our civil engineering and landscape architecture services being under one roof.
Following the RWUE WEBB is typically responsible for the development of the Recycled Water Irrigation Plan. As the final plan prior to construction, this plan is also made relatively simple since we typically know where our constraints originated. Having been through so many of these RWIPs for a much larger list than the relative projects provided we have an excellent understanding of all components that need to be included in this plan. We have worked with basically every agency in the EMWD service area that also reviews the RWIP and are well -aware of the additional requirements and standards associated with each of the agencies.
Harvest Villages III
City of Jurupa Valley
Client Contact:
Sonia Villaneda
Project Manager
Lennar Homes
980 Montecito Drive, Suite 302,
Corona, CA, 92879-1792
951.817.3650
[email protected]
WEBB provided landscape architecture services for this project. The existing project site, consists of 29.5± acres and is situated between Pats Ranch Road on the west and Wineville Avenue on the east, north of Park Center Drive in the City of Jurupa Valley.
This specific tract is required to develop landscape improvement plans for two water quality basin/parks lots, Streetscape LMD Parkways, Perimeter Walls, Interior Fence and Walls, Interior slopes, and "Typical" Front Yards.
The preparation of a Model Home Complex Landscape Plans has been excluded from services due to the model home complex located in Harvest Villages Phase 1 continued to be used for sales.
As part of the scope of work, WEBB coordinated plans with the client, architect, and design team (including the dry utility consultant).
WEBB also provided assistance with plan check comments and all questions/comments the City had regarding the plans.
Additional Treatment Project Experience
Project Name
Imperial WWTP (Multiple)
Heber WWTP
Riverside WRF
Temecula WRF
Willow Creek WWTP
Client
City of Imperial, CA
Heber Public Utilities District, CA
City of Riverside, CA
Eastern Municipal Water District, CA
Lake Arrowhead CSD, CA
Corona Centrifuge Replacement City of Corona
Centrifuge Phase 2 Expansion
WRF 1 Telecommunications
Tower
Fort Shafter Flats WRF
Jerome WWTP
Oakley WRF
Hyrum WRF
Moroni WRF
Chino Valley WRF
Paako WWTP
Edgewood WRF
San Felipe WRF
The Cliffs WRF
Richmond WRF
Inscription Canyon
Wolf Creek WRF
Las Gallinas WRF
Vactor Truck Dump Station
Chiquita WRF Master Plan
Review
San Jacinto Valley WRF Erosion
Mitigation Design
City of Banning WWTP EQ Tank
WWTP Headworks and
Dewatering Equipment
City of Corona, CA
City of Corona, CA
Fort Shafter, HI
City of Jerome, ID
City of Oakley, UT
City of Hyrum, UT
City of Moroni, UT
Chino Valley, AZ
Paako, NM
City of Edgewood, NM
City of San Felipe, NM
Boise, ID
City of Richmond, UT
Chino Valley, AZ
Wolf Creek, UT
Capacity (MGD) Treatment Technology
5.0, 2.4, 1.0 MBR & Extended Aeration
2.4 Conventional Activated Sludge
26.0 MBR (civil only)
5.0 MBR (civil only)
2.5 Primary Treatment
14 MGD Sludge Dewatering
14 MGD Sludge Dewatering
2.0 5.0
0.3 2.0
1.0 1.0
0.1 0.2
0.6 0.6
0.6 0.3
0.5 Las Gallinas Valley Sanitary District, CA 3.5 MGD
Eastern Municipal Water District, CA
Rancho Mission Viejo, CA
Eastern Municipal Water District, CA
City of Banning, CA
Morongo Band of Mission Indians, CA
MBR
MBR
MBR
MBR
MBR
MBR
MBR
MBR
MBR
MBR
MBR
MBR
MBR
Conventional Activated Sludge
with tertiary filtration
Dewatering
Section H. References
The City will benefit from WEBB's team approach to client service. Our reputation for superior quality work, integrity, and long-standing client relationships is a direct result of our industry proven capabilities and experience. We encourage the City to speak with your staff who have worked with our firm and call our references to truly understand the commitment we make to each of our clients and their projects.
Contact
Agency Address, Phone and Email
Elizabeth Gibbs, City Manager
City of Beaumont
550 East 6th Street
Beaumont, CA 92223-2253
951.769.8520
[email protected]
Thomas Moody, Director of Utilities
Previously WRCRWA Board President
City of Corona Department of
Water and Power
755 Public Safety Way
Corona, CA 92878
951.279.3660
[email protected]
Jackie Loper, Director of Community Development
City of Imperial
420 S. Imperial Avenue
Imperial, CA 92251
760.355.3336
[email protected]
Section I. Scope of Services
Task 1 — Project Administration
Prepare and implement an effective Project Management Plan to keep the project on schedule. Attend adequate number of meetings to manage the project and provide the required deliverables. At a minimum, budget for the following:
A. Project Schedule, Status Reports, Invoices, Administration
1. Prepare a project design and estimated bidding/construction schedule in MS Project. Update schedule monthly.
2. Prepare and submit monthly status reports providing an overview of progress made during the month and tasks to be accomplished during the following month with invoice.
3. Submit invoices which follow the task items provided in the hours/fee table provided with the proposal and/or used as a basis for the contract. Provide a brief narrative by task of the work performed during the billing cycle and copies of invoices for direct expenses.
B. Engineering Phase Meetings
1. Kick-off Meeting
2. Project/progress meetings, as needed
3. Preliminary Design Memorandum Review Workshop
4. 50% Submittal Review
5. 90% Submittal Review
6. 100% Submittal Review
Additional meetings may be required at City's discretion if more than two months elapses between submittal reviews listed above.
At City's discretion, meetings may be held remotely to accommodate COVID-19 safety recommendations.
Task 1 Deliverables
1. Meeting Agendas & Minutes (electronic)
2. Monthly Status Reports (electronic)
3. Monthly Updated Project Schedules (electronic)
4. Monthly Invoices (electronic)
Task 2 — Project 1: Dust/Erosion Mitigation and Truck Access Improvements The purpose of Project 1 is to improve site conditions as described below.
A. Prepare Preliminary Design Concepts — After conferring with the City and visiting the site, our team will develop a conceptual design to accomplish the following objectives.
1. Reduce dust being generated from exposed dirt areas around the Plant.
2. Minimize erosion and runoff from the site including graded slopes.
3. Eliminate runoff from entering the UV channel.
4. Improved truck access to the sludge loading structure.
5. Create 15-20 parking spaces adjacent to the Membrane Treatment Building.
B. Review Workshop with City Staff — Conduct a review workshop with City engineering and Operations Staff to review the conceptual designs prepared in Task 2-A. Obtain City input and comments.
C. 50% Design — Prepare civil, structural, and mechanical plans to 50% level for review by the City. Plans to be prepared in AutoCAD.
D. 90% Design - Prepare civil, structural, and mechanical plans to 90% level for review by the City. Plans to be prepared in AutoCAD.
E. 100% Design - Prepare civil, structural, and mechanical plans to 100% level for review by the City. Plans to be prepared in AutoCAD.
F. Specifications and Bidding Documents - Prepare construction specifications and bidding documents for the Project.
Task 2 Deliverables
1. Meeting agendas and minutes for workshop (electronic).
2. Final design plans (hardcopy and electronic).
3. Final specifications and bid documents (hardcopy and electronic).
4. Final cost estimate.
Task 3 - Project 2: Main Entrance Gate, Landscaping, Lighting, and Monument Sign The purpose of Project 2 is to improve the Entry Gate Access Area as follows.
A. Prepare Preliminary Design Concepts - After conferring with the City and visiting the site, our team will develop a conceptual design to accomplish the following objectives:
1. Move the primary Entrance Gate into the Plant to allow trucks and passenger vehicles to pull off Fourth Street into the Plant without blocking traffic and endangering staff. The fence will be realigned with new motorized and secured gates.
2. Improve overall aesthetics by upgrading the landscaping and lighting at the Plant Entry.
3. Placement of an Entry Monument.
B. Review Workshop with City Staff - Conduct a review workshop with City Engineering and Operations Staff to review the conceptual designs prepared in Task 3-A. Obtain City input and comments.
C. 50% Design - Prepare civil, structural, electrical, and mechanical plans to 50% level for review by the City. Plans to be prepared in AutoCAD.
D. 90% Design - Prepare civil, structural, electrical, and mechanical plans to 90% level for review by the City. Plans to be prepared in AutoCAD.
E. 100% Design - Prepare civil, structural, electrical, and mechanical plans to 100% level for review by the City. Plans to be prepared in AutoCAD.
F. Specifications and Bidding Documents - Prepare construction specifications and bidding documents for the Project.
Task 3 Deliverables
1. Meeting agendas and minutes for workshop (electronic.)
2. Final design plans (hardcopy and electronic).
3. Final specifications and bid documents (hardcopy and electronic).
4. Final cost estimate.
Task 4 - Project 3: Vactor Dump Station
The purpose of Project 3 is to install a new dump station for City vactor trucks.
A. Prepare Preliminary Design Concepts - After conferring with the City and visiting the site, our team will develop a conceptual design to accomplish the following objectives:
1. Site a new dump station for City vactor trucks.
2. Provide access to the new dump station for vactor trucks and waste management pickups.
3. Design based upon the example from Lake Arrowhead CSD's Willow Creek WWTP.
B. Review Workshop with City Staff - Conduct a review workshop with City engineering and Operations Staff to review the conceptual designs prepared in Task 4-A. Obtain City input and comments.
C. 50% Design — Prepare civil, structural, plumbing, electrical, and mechanical plans to 50% level for review by the City.
Plans to be prepared in AutoCAD.
D. 90% Design — Prepare civil, structural, plumbing, electrical and mechanical plans to 90% level for review by the City.
Plans to be prepared in AutoCAD.
E. 100% Design — Prepare civil, structural, plumbing, electrical and mechanical plans to 100% level for review by the City. Plans to be prepared in AutoCAD.
F. Specifications and Bidding Documents — Prepare construction specifications and bidding documents for the Project.
Task 4 Deliverables
1. Meeting agendas and minutes for workshop (electronic).
2. Final design plans (hardcopy and electronic).
3. Final specifications and bid documents (hardcopy and electronic).
4. Final cost estimate.
Task 5 — Bidding Services
Our team will perform the following service during bidding. For budgeting purposes, we assume all three projects will be bid together in one construction project.
A. Pre -bid Site Tour — Our team will attend one pre -bid site tour for contractors to review the project and observe on - site conditions.
B. Prepare Bid Addenda — Our team will prepare up to three bid addenda to respond to questions from contractors prior to bidding.
C. Prepare Conformed Plans and Specification — Following bidding, our team will prepare conformed plans and specifications to incorporate any changes made during bidding.
Task 6 — Engineering Services During Construction
Our team will perform the following service during construction.
A. Pre -bid Construction Meeting — Our team will attend one preconstruction site meeting with the contractor and City Operations Staff to review the project requirements prior to beginning construction.
B. Submittal Review — Our team will prepare contractor material submittals. For budgeting purposes, we assume there will be 30 original submittals and 10 resubmittals.
C. RFI Review and Response — Our team will review and respond to contractor RFI's during construction. For budgeting purposes, we assume there will be 20 RFI's.
D. Site Visits During Construction — Our team will visit the site periodically during construction to review progress and verify the work is in compliance with the plans and specifications. For budgeting purposes, we assume a construction duration of four months (80 workings days) with 30 days of field observation.
E. Construction Management — Our team will provide construction management, including the following:
1. Coordination with the Contractor.
2. Review schedules.
3. Review Contractor pay applications.
4. Assist the City with contract closeout.
Project Schedule
D
Task Name
Duration
Start
Finish
September
April
M E
B M E
1 City of Beaumont - Site Improvement 625 days Mon 7/3/23 Tue 3/18/25 2 Notice to Proceed 0 days Mon 7/3/23 Mon 7/3/23
7/3
3 Project Kickoff Meeting 0 days Mon 7/3/23 Mon 7/3/23
/3
4 Preliminary Design Memo 30 days Tue 7/4/23 Wed 8/2/23 5 Preliminary Design Workshop 1 day Thu 8/3/23 Thu 8/3/23 6 50% Design Submittal 60 days Fri 8/4/23 Mon 10/2/23
7 50% Design Workshop 1 day Tue 10/3/23 Tue 10/3/23
8 City Review 50% Submittal 14 days Wed 10/4/23 Tue 10/17/23 9 90% Design Submittal 30 days Wed 10/18/23 Thu 11/16/23 10 90% Design Workshop 1 day Fri 11/17/23 Fri 11/17/23
11 City Review 90% Submittal 14 days Sat 11/18/23 Fri 12/1/23 12 100% Design Submittal 30 days Sat 12/2/23 Sun 12/31/23 13 100% Design Workshop 1 day Mon 1/1/24 Mon 1/1/24
I-
14 City Review 100% Submittal 14 days Tue 1/2/24 Mon 1/15/24 15 Final Design Submittal 14 days Tue 1/16/24 Mon 1/29/24 1111
16 Bidding & Award 60 days Tue 1/30/24 Fri 3/29/24
1 11111111111111111111111111111111111111111h
Engineering Support During 150 days Sat 3/30/24 Mon 8/26/24 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 17 Construction
Section J. Cost Proposal
In accordance with the RFP, WEBB has submitted the Cost Proposal in a separate sealed envelope.
Section K. Additional Information
No additional information at this time.
Section L. Insurances
Below is a sample 001 of WEBB's coverage. WEBB will provide the City with an updated 001 meeting all coverage requirements as specified in the professional services agreement.
ACORO`
ALBEAWE-01
CERTIFICATE OF LIABILITY INSURANCE
SGONZALEZ
DATE (MM/DO/YYYY)
1/27/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER License # 0757776
HUB International Insurance Services Inc.
PO Box 5345
Riverside, CA 92517
CONTACT Kristie Koehrer
PHONE FAX
(ac, no, EXl): (951) 779-8558 (NC, so(951) 231-2572
mass: cal.cP u hubinternational.com
INSURER(S) AFFORDING COVERAGE
NAIC 0
INSURER A :Travelers Property Casualty Company of America 25674
INSURED
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
INSURER B : Lexington Insurance Company
19437
INSURER C:
INSURERD:
INSURER E:
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYVY)
POLICY EXP
(MMIDD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL
LIABILITY
© OCCUR
P-630-5456P929-TIL-23
2/1/2023
9/1/2023
EACH OCCURRENCE
$
1,000,000
CLAIMS -MADE
DAMABET Ra NT%ooe)
$
300,000
X
50 Deductible
MEDEXP (Any one person)
$
5,000
GE
X
PERSONAL & ADV INJURY
$
1,000,000
I. AGGREGATE LIMIT APPLIES PER:
POLICY ■ PRO ■ LOC
OTHER:
GENERAL AGGREGATE
$
2,000,000
PRODUCTS - COMP/OPAGG
$
2,000,000
$
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
AIURTEOpS ONLY
AUTOS ONLY
SCHEDULED
AUTOSONNLV
BA-3L23491A-23-43-G
2/1/2023
9/1/2023
COMBINED SINGLE LIMIT
(Ea accident)
$
1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
IlerOa¢IGentRAMAGE
A
X
UMBRELLA LIAB
EXCESS UAB
X OCCUR
CLAIMS -MADE
CUP -9H486836-23-43
2/1/2023
9/1/2023
EACH OCCURRENCE
$
2,000,000
AGGREGATE
$
2,000,000
DED X RETENTION$ 0
8 A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER/EXECUTIVE
�ManCatoryEn NH)EXCLUDED?
If yes, describe under
DESCRIPTION OF OPERATIONS
N/A
UB-4J648178.22.43-G
9/1/2022
9/1/2023
X STATUTE ERH
r/N
ra
E.L. EACH ACCIDENT
$
1,000,000
E.L. DISEASE EA EMPLOYEE
$
1,000,000
below
-
E.L. DISEASE - POLICY LIMIT
$
1,000,000
g
Professional Llab.
031711122
9/1/2022
9/1/2023
Ded $150k/EaClalm 2M
2,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached R more space is required) For Informational Purposes Only.
CERTIFICATE HOLDER
CANCELLATION
rP Only**
"For Insured's Purposes
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED RE�EPRE�S�E�NTATIVE
CWarieSI
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
RFP for Engineering Services- WWTP Site Improvements
Knoll, Brian P.
Classification
Billow Rate
w
E
7 9
3 0 �
V 2
0 z
1 Sheth, Dilesh R.
n Tg
t.
Sel!man, Joy A.
2 $ 293
$ 293
$ 173
$ 232
$ 135 5 152
$ 232
$ 115
5 293
$ 173
$ 220
Task 1 Project Administration
2S
17 21
9 A Project Schedules, Status Reports, Invoices, & Admin 2 12
12 B Engineering Phase Meetings (assume 5 Total - Virtual) 2 5
5 C Cost Estimates
8 12
4 4
Task 2
Project 41- Dust/Erosion Mitigation, Truck Access, & Parking A Preliminary Design Concepts
10 20
SO
7 4
4 6
4 B Review Workshop with City Staff
2 2
C 5096 Design
6 20
2 0 90% Design
6 20
2 E 100% Design
4 10
2 F Specification and Bidding Documents
4 24
2 6
2 20
10 8
4 Task 3
Project 42 - Main Entrance Gate, Landscaping, and kAonument A Preliminary Design Concepts
13 e
12 32
104
14 2
2 4
6 12
1 4
B Review Workshop with City Staff
2 2
4 4
1 2
C City Council Workshop and Approval
2 4
1 D 5096 Design
2 6
24 1
2 E 9096 Design
2 6
24 1
2 F 10096 Design
2 4
16 2
G Specification and Bidding Documents
2 4
8 4
20 2
Task 4 Project 43 - Vactor Dump Station
11 36
lot
7 A
Preliminary Design Concepts
2 8
12 B Review Workshop with City Staff
2 2
C 50% Design
2 8
30 D 90% Design
2 30
F 100% Design
6 20
F Specification and Bidding Documents
2 4
16 2
SKM Engineer
Ix
g
.E
Q
'o
s
H
Subtotal - Labor
Sub -Consultant
Expenses
Total Task
sKM Designer
AQUA/SKM Admin Assistant
$ 195
$ 140
$ 86
Subtotal - labor
Sub -Consultant
Expenses
Total Task
5 1
91 5 18,932
$ •
5 -
5 18,930
26 $ 5,482
$ -
$ 5,480
27 $ 5,751
$ -
$ -
$ 5,750
8 1
38 $ 7,699
$
$ 7,700
1e7
5 37,579
$ 2,875
$ 250
$ 40,710
26 $ 5,756
$ -
$ -
$ 5,760
9 $ 2,097
$ -
$ 2,100
50 $ 9,672
$ -
$ 9,670
40 $ 7,942
$ -
$ 7,940
26 $ 5,280
$ 2,300
$ 7,580
36 $ 6,832
$ 575
$ 250
$ 7,660
28 40
10 268
$ 45,498
$ -
5 450
5 45,960
8 4
1 44
$ 8,077
$ -
$ 8,080
2 1
18 $ 3,671
$ -
$ -
$ 3,670
1 9
$ 1,498
$ -
$ 200
$ 1,700
8 20
1 64
$ 10,219
$ -
$ 10,220
4 8
1 48
$ 7,759
$ -
$ 7,760
2 8
1 36
$ 5,825
$
$ 5,830
4 4
49 $ 8,449
$ -
$ 250
$ 8,700
162
$ 33,260
$ 9,200
$ 250
$ 42,730
23 $ 5,121
$ 575
$ 5,700
5 $ 1,287
$ -
$ 1,290
41 $ 8,235
$ -
$ 8,240
41 $ 8,235
$ -
$ 8,240
28 $ 5,626
$ 8,050
$ 13,680
24 $ 4,756
$ 575
$ 250
$ 5,580
RFP for Engineering Services- WWTP Site
Improvements
Knoll, Brian P.
Bloomfield, Shane
-
m
7 t
—
Corea, Jessie
2 Farnett, Keith R
Escoto, April
Sheth, ['flesh R.
Sellman, Joy A.
SKM Engineer
m
a
N
E
Q 1
Total Hours
Subtotal - Labor
Sub -Consultant
Expenses
Total Task
Classification
a
d
••.2 _
3 3
_
Project Coordinator
Principal ll
3 3
SKM Principal
SKM Engineer
x
3 8
E
a
a
Billout Rate
$ 293
$ 293
$ 113
$ 231
$ 135
$ 152
$ 232
$ 115
$ 293
$ 173
$ 220
$ 195
$ 140
$ 46
Sub total - labor
Sub -Consultant
Expenses
Total Task
Task 5
Bidding Services
5‘
IA .
20 4
a
4 2
6 2
4 8
2 75
5 15,091
$ 575
$ -
$ 15,670
A
Prebid Site Tour
2 2
2 6
$ 1,636
$ r
$ 1,640
8 Conformed Plans and Specs
1 4
8 1
2 2
1 2
1 2
4 1
29 $ 5,476
$ 575
$ -
$ 6,050
C
Prepare Bid Addenda (Assume 2)
2 8
12 1
2 2
1 4
1 2
4 1
40 $ 7,979
$
$ 7,980
Task 6
Engineering Construction Services
6 52
110
6 6
160
80 30
16 52
8 520
$ 99,174
$ -
$ 1,500
$ 100,680
A
Pre -Construction Meeting
2 2
2 2
8 $ 2,076
$ -
$ -
$ 2,080
B
Submittal Reviews (Assume 30 new and 10 resubmittals)
2 20
80 4
8 10
8 40
8 180
$ 33,692
$ -
$ 33,690
C
RFI Responses
2 10
30 6
12 60
$ 12,366
$ -
$ 12,370
D
Site Visits During Construction
12 160
172
$ 27,836
$ -
$ 1,500
$ 29,340
E
Construction Management (assume 20 weeks)
8 80
20 108
$ 23,204
$ -
$ 23,200
iCtH
60 , 161
347
53 116
160
80 76
10 56
41 92
4E
1.1 1311
$ 249,534
$ 12,650
$ 2,450
$ 264,680
• NOTE: Plan check fees are not included in this contract and shall be paid by the client, directly to the appropriate governmental agency.
A L B E R T
A.
WEBB
Fee Schedule
ASSOCIATE S
CLASSIFICATION
Engineers/Project Managers/Planners/Scientists/
Assessment/Special Tax Consultants/Landscape Architects/Designers Rates
$/Hour
Principal II 293.00
Principal I 279.00
Senior 111 252.00
Senior II 240.00
Senior I 232.00
Associate III 208.00
Associate II 197.00
Associate I 191.00
Assistant V 173.00
Assistant IV 156.00
Assistant III 144.00
Assistant II 135.00
Assistant I 98.00
Survey Services
2 -Person Survey Party 302.00
1 -Person Survey Party 208.00
Inspection Services
Construction Manager II 245.00
Construction Manager I 185.00
Inspector (Non -Prevailing Wage) 141.00
Inspector Overtime (Non -Prevailing Wage) 190.00
Inspector (Prevailing Wage) 152.00
Inspector Overtime (Prevailing Wage) 200.00
Administrative Services
Project Coordinator 115.00
Administrative Assistant III 102.00
Administrative Assistant II 91.00
Administrative Assistant I 72.00
Other Direct Expenses
Incidental Charges Cost + 15%
Postage Cost
Subcontracted Services Cost + 15%
Special Consultant 365.00
Survey/Inspection Per Diem Prevailing Wage Rate
In -House Delivery Up to 1/2 hour 32.00
In -House Delivery 1/2 Hour up to 1 Hour 64.00
In -House Delivery Over 1 Hour up to 2 Hours 118.00
In -House Delivery Over 2 Hours 170.00
Survey/Inspection Vehicle 0.81/Mile
Mileage 0.72/Mile
Note: All rates are subject to change based on annual inflation and cost of living adjustments. Prevailing wages are dictated by the California Department of Industrial Relations (DIR). As such, the indicated rate will remain in effect until revised rates are published by the DIR. The rate shown shall be subject to renegotiation to remain in compliance with State requirements if prevailing wages are increased by the DIR.
A FINANCE CHARGE of 1 % % per month (18% per year) will be added to any unpaid amount commencing thirty (30) days from invoice date. A mechanic's lien may be filed for any invoice remaining, 'mad ft r tu1#y(30) days from invoice date. g 26 o ot 28
City of Beaumont Contract#
C23-55
EXHIBIT "B"
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
Albert A. Webb Associates
Policy Number: P-630-5456P929-TIL-23
Policy Period: 02/01/2023 to 09/01/2023
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS
AND SURVEYORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
13E]tIER L DESCRIPTION OF CO — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. Non -Owned Watercraft — 75 Feet Long Or Less
B. Who Is An Insured — Unnamed Subsidiaries
C. Who Is An Insured — Retired Partners, Members,
Directors And Employees
D. Who Is An Insured — Employees And Volunteer
Workers — Bodily Injury To Co -Employees, Co -
Volunteer Workers And Retired Partners,
Members, Directors And Employees
E. Who Is An Insured — Newly Acquired Or Formed
Limited Liability Companies
F. Blanket Additional Insured — Controlling Interest
G. Blanket Additional Insured — Mortgagees,
Assignees, Successors Or Receivers
PROVISIONS
A. NON -OWNED WATERCRAFT - 75 FEET
LONG OR LESS
1. The following replaces Paragraph (2) of
Exclusion g., Aircraft, Auto Or Watercraft ,
in Paragraph 2. of SECTION I —
COVERAGES - COVERAGE A - BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY
(2) A watercraft you do not own that is:
(a) 75 feet long or less; and
(b) Not being used to carry any person
or property for a charge;
2. The following replaces Paragraph 2.e. of
SECTION II — WHO IS AN INSURED
e. Any person or organization that, with
your express or implied consent, either
H. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Premises
I. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Operations
J. Incidental Medical Malpractice
K. Medical Payments — Increased Limit
L. Amendment Of Excess Insurance Condition —
Professional Liability
M. Blanket Waiver Of Subrogation — When Required
By Written Contract Or Agreement
N. Contractual Liability — Railroads
uses or is responsible for the use of a
tisittepau do not own that is:
(1) 75 feet long or less; and
(2) Not being used to carry any person
or property for a charge;
B. WHO IS AN INSURED - UNNAMED
SUBSIDIARIES
The following is added to SECTION 11 - WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership
or joint venture, that is not shown as a Named
Insured in the Declarations is a Named Insured
if:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy
period; and
CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
b. Such subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured for "bodily
injury" or "property damage" that occurred, or
"personal and advertising injury" caused by an
offense committed:
a. Before you maintained an ownership interest
of more than 50% in such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section II — Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company; or
c. A trust;
as indicated in its name or the documents that
govern its structure.
C. WHO IS AN INSURED - RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2. of
SECTION II — WHO IS AN INSURED
Any person who is your retired partner, member,
director or "employee" that is performing services
for you under your direct supervision, but only for
acts within the scope of their employment by you
or while performing duties related to the conduct
of your business. However, no such retired
partner, member, director or "employee" is an
insured for:
(1) "Bodily injury":
(a) To you, to your current partners or
members (if you are a partnership or
joint venture), to your current members
(if you are a limited liability company) or
to your current directors;
(b) To the spouse, child, parent, brother or
sister of that current partner, member or
director as a consequence of Paragraph
(1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (1)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health care
services.
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1)(a), (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide first aid
or "Good Samaritan services" by any of your
retired partners, members, directors or
"employees", other than a doctor. Any such
retired partners, members, directors or
"employees" providing or failing to provide
first aid or "Good Samaritan services" during
their work hours for you will be deemed to be
acting within the scope of their employment
by you or performing duties related to the
conduct of your business.
(2) "Personal injury":
(a) To you, to your current or retired
partners or members (if you are a
partnership or joint venture), to your
current or retired members (if you are a
limited liability company), to your other
current or retired directors or
"employees" while in the course of his or
her employment or performing duties
related to the conduct of your business,
or to your other "volunteer workers"
while performing duties related to the
conduct of your business;
(b) To the spouse, child, parent, brother or
sister of that current or retired partner,
member, director, "employee" or
"volunteer worker" as a consequence of
Paragraph (2)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (2)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health care
services.
(3) "Property damage" to property:
(a) Owned, occupied or used by; or
(b) Rented to, in the care, custody or control
of, or over which physical control is
being exercised for any purpose by;
you, any of your retired partners, members
or directors, your current or retired
"employees" or "volunteer workers", any
current partner or member (if you are a
partnership or joint venture), or any current
member (if you are a limited liability
company) or current director.
© 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
D. WHO IS AN INSURED — EMPLOYEES AND
VOLUNTEER WORKERS — BODILY INJURY
TO CO -EMPLOYEES, CO -VOLUNTEER
WORKERS AND RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2.a.(1) of
SECTION II — WHO IS AN INSURED
Paragraphs (1)(a), (b) and (c) above do not
apply to "bodily injury" to a current or retired co -
"employee" while in the course of the co -
"employee's" employment by you or performing
duties related to the conduct of your business, or
to "bodily injury" to your other "volunteer
workers" or retired partners, members or
directors while performing duties related to the
conduct of your business.
E. WHO IS AN INSURED — NEWLY ACQUIRED
OR FORMED LIMITED LIABILITY COMPANIES
The following replaces Paragraph 3. of
SECTION II — WHO IS AN INSURED
3. Any organization you newly acquire or form,
other than a partnership or joint venture, and
of which you are the sole owner or in which
you maintain an ownership interest of more
than 50%, will qualify as a Named Insured if
there is no other similar insurance available
to that organization. However:
a. Coverage under this provision is
afforded only:
(1) Until the 180th day after you acquire
or form the organization or the end
of the policy period, whichever is
earlier, if you do not report such
organization in writing to us within
180 days after you acquire or form it;
or
(2) Until the end of the policy period,
when that date is later than 180 days
after you acquire or form such
organization, if you report such
organization in writing to us within
180 days after you acquire or form it;
b. Coverage A does not apply to "bodily
injury" or "property damage" that
occurred before you acquired or formed
the organization; and
c. Coverage B does not apply to "personal
and advertising injury" arising out of an
offense committed be fore you acquired
or formed the orgaization.
For the purposes of Paragraph 1. of Section
11 — Who Is An Insured, each such
organization will be deemed to be
designated in the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company;
or
c. A trust;
as indicated in its name or the documents
that govern its structure.
F. BLANKET ADDITIONAL INSURED
CONTROLLING INTEREST
1. The following is added to SECTION II —
WHO IS AN INSURED:
Any person or organization that has financial
control of you is an insured with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" that
arises out of:
a. Such financial control; or
b. Such person's or organization's
ownership, maintenance or use of
premises leased to or occupied by you.
The insurance provided to such person or
organization does not apply to structural
alterations, new construction or demolition
operations performed by or on behalf of such
person or organization.
2. The following is added to Paragraph 4. of
SECTION II — WHO IS AN INSURED
This paragraph does not apply to any
premises owner, manager or lessor that has
financial control of you.
G. BLANKET ADDITIONAL INSURED —
MORTGAGEES, ASSIGNEES, SUCCESSORS
OR RECEIVERS
The following is added to SECTION II — WHO IS
AN INSURED:
Any person or organization that is a mortgagee,
assignee, successor or receiver and that you
have agreed in a written contract or agreement
to include as an additional insured on this
Coverage Part is an insured, but only with
respect to its liability as mortgagee, assignee,
successor or receiver for "bodily injury", "property
damage" or "personal and advertising injury"
that:
a. Is "bodily injury" or "property damage" that
occurs, or is "personal and advertising injury"
caused by an offense that is committed,
CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or
agreement; and
b. Arises out of the ownership, maintenance or
use of the premises for which that
mortgagee, assignee, successor or receiver
is required under that contract or agreement
to be included as an additional insured on
this Coverage Part.
The insurance provided to such mortgagee,
assignee, successor or receiver is subject to the
following provisions:
a. The limits of insurance provided to such
mortgagee, assignee, successor or receiver
will be the minimum limits that you agreed to
provide in the written contract or agreement,
or the limits shown in the Declarations,
whichever are less.
b. The insurance provided to such person or
organization does not apply to:
(1) Any "bodily injury" or "property damage"
that occurs, or any "personal and
advertising injury" caused by an offense
that is committed, after such contract or
agreement is no longer in effect; or
(2) Any "bodily injury", "property damage" or
"personal and advertising injury" arising
out of any structural alterations, new
construction or demolition operations
performed by or on behalf of such
mortgagee, assignee, successor or
receiver.
H. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS OR
AUTHORIZATIONSRELATING TO PREMISES
The following is added to SECTION II — WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and
that you are required by any ordinance, law,
building code or written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of any of the following for which that
governmental entity has issued such permit or
authorization: advertising signs, awnings,
canopies, cellar entrances, coal holes,
driveways, manholes, marquees, hoist away
openings, sidewalk vaults, elevators, street
banners or decorations.
I. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS
OR AUTHORIZATIONS RELATING TO
OPERATIONS
The following is added to SECTION II — WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury" arising out of such
operations.
The insurance provided to such governmental
entity does not apply to:
a. Any "bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the
governmental entity; or
b. Any "bodily injury" or "property damage"
included in the "products -completed
operations hazard".
J. INCIDENTAL MEDICAL MALPRACTICE
1. The following replaces Paragraph b. of the
definition of "occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in
providing or failing to provide "incidental
medical services", first aid or "Good
Samaritan services" to a person, unless
you are in the business or occupation of
providing professional health care
services.
2. The following replaces the last paragraph of
Paragraph 2.a.(1) of SECTION II — WHO IS
AN INSURED:
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1)(a), (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide:
(a) "Incidental medical services" by any of
your "employees" who is a nurse,
nurse assistant, emergency medical
technician, paramedic, athletic trainer,
audiologist, dietician, nutritionist,
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CG D3 79 02 19
COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational
therapy assistant, physical therapist or
speech -language pathologist; or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION III — LIMITS OF
INSURANCE:
For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".
4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I —
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY
Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.
5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-
ray or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section II —
Who Is An Insured.
K. MEDICAL PAYMENTS — INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III — UMITS OF INSURANCE:
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical ex penses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $10,000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.
L. AMENDMENT OF EXCESS INSURANCE
CONDITION — PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance , of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.
M. BLANKET WAIVER OF SUBROGATION —
WHEN REQUIRED BY WRIT TEN CONTRACT
OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS
If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.
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