16.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
16.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23rd day of April, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
16.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 23 2024
Department: Library
Submitted by: Mark Prestwich, City Manager
Kathye Caines, Senior Librarian;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Accept Building Forward Infrastructure Grant from the California State Library
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City Of Hemet, California, Accepting the Building Forward Infrastructure Grant from the California State Library in the amount of $2,020,098 and authorizing in of appropriations establish $2,020,098 Director Services Administrative the to miscellaneous Grant Fund 266 and $505,025 in Library Development Impact Fee Fund 363 to add solar panels and a backup generator at the Hemet Public Library and authorize the City Manager or designee to execute all documents and contracts for this project.
BACKGROUND:
In May 2023, the City applied for the Building Forward Infrastructure Grant from the California State Library. In October 2023, the City was notified that the grant request was accepted by the State Library. On November 14, 2023, City Council approved the acceptance of the grant with DIF funds to be used for the 25% match provided by the City. In March 2024, the City received the first installment of this award.
ANALYSIS:
City staff from the Library and Public Works Departments worked with the grant writing firm Blaise and Associates to prepare and submit a Building Forward Infrastructure Grant Round Two as administered by the California State Library. The grant was submitted on May 18, 2023. On October 12, award match 25% a with $2,020,098.00 to the the of notified was City of 2023, intent $505,025.00. The match requirement will be funded by Development Impact Fees in the Library Facilities Fund (Fund 363).
16.D
DISCUSSION:
The City spent $122,267.02 for electricity at the Library in FY2021-22. In FY2022-23, the City paid Southern California Edison $138,645.63 and is on track to spend a similar amount in FY2023-24. The most recent rolling 12 months of electricity costs totaled $155,536.08. The average increase in electricity costs across this time span is 13% year over year. Electricity costs are expected to continue increasing at a similar rate each year.
The final solar energy system design would be done with consideration of the latest net metering structure and would provide the most return on investment in offsetting these energy costs. Staff anticipates that a simple payback of the match funds would be realized within five years after project completion because of the cost savings associated with solar produced energy.
The addition of the generator will ensure continuity of services for Library patrons in the event of a power outage.
PREVIOUS COUNCIL ACTION:
City Council adopted a resolution on November 14, 2023, approving the Authorization of the Grant Application, Acceptance, and Execution of $2,020,098 in Grant Funds From the State of California Budget Act of 2022 (AB 178) or the State of California Budget Act of 2023 (SB 101)
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Construction of the solar panels is anticipated to provide annual reductions in Library electrical costs which will yield General Fund savings. In receiving these grant funds, staff is recommending the Administrative Service Director be authorized to establish revenue and expenditure appropriations of $2,020,098 in the Miscellaneous Grant Fund 266 and to establish expenditure appropriations of $505,025 in the Library Development Impact Fee Fund 363 for the match.
ALTERNATIVE(S):
16.D
Not accept the monetary award from the State Library.
ATTACHMENT(S):
Attachment 1: Resolution to Accept Building Forward Infrastructure Grant 2024 Attachment 2: Grant BF-22-008_Hemet_Agreement
16.D
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACCEPTING THE BUILDING
FORWARD INFRASTRUCTURE GRANT FROM THE
CALIFORNIA STATE LIBRARY IN THE AMOUNT OF
$2,020,098 AND AUTHORIZING THE ADMINISTRATIVE
SERVICES DIRECTOR TO ESTABLISH
APPROPRIATIONS OF $2,020,098 IN MISCELLANEOUS
GRANT FUND 266 AND $505,025 IN LIBRARY
DEVELOPMENT IMPACT FEE FUND 363 TO ADD SOLAR
PANELS AND A BACKUP GENERATOR AT THE HEMET
PUBLIC LIBRARY AND AUTHORIZE THE CITY
MANAGER OR DESIGNEE TO EXECUTE ALL
DOCUMENTS AND CONTRACTS FOR THIS PROJECT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet (“City”) accepts the award of the Building Forward Infrastructure Grant from the California State Library of $2,020,098 for a solar energy system and backup generator so that the City of Hemet Public Library may become a heating and cooling center for the public; and
WHEREAS, the Administrative Services Director is directed to establish a budget appropriation of $2,020,098 in Miscellaneous Grant Fund 266 and $505,025 in Library Development Impact Fee Fund 363 for the match, and
WHEREAS, the City Manager or designee is hereby authorized to execute all documents and contracts for this project and
16.D
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.The City of Hemet (“City”) accepts the award of the Building Forward Infrastructure Grant from the California State Library of $2,020,098 for a solar energy system and backup generator so that the City of Hemet Public Library may become a heating and cooling center for the public;
SECTION 2.The Administrative Services Director is directed to establish a budget appropriation of $2,020,098 in Miscellaneous Grant Fund 266 and $505,025 in Library Development Impact Fee Fund 363 for a complete budget of $2,525,123.
SECTION 3.The City Manager or designee is hereby authorized to execute all documents and contracts for this project.
SECTION 4.EFFECTIVE DATE - This Resolution shall become effective on April 23, 2024.
16.D
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
16.D
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23rd day of April, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
16.D
■■ CALIFORNIA-■ STATE LIBRARY
January 16, 2023
Mark Prestwich
City Manager
City of Hemet
445 E Florida Avenue
Hemet, CA 92543
Subject: Building Forward Library Facilities Improvement Program Jurisdiction/Library: HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY Grant Number: BF-22-008
Project: The City of Hemet Library Improvement Project
Dear Mark Prestwitch:
This letter confirms the California State Library's award of $2,020,098.00 in Building Forward Round Two grant funds to the City of Hemet for the The City of Hemet Library Improvement Project at the HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY.
These grant funds are intended to be used toward the project outputs detailed in the Intent to Fund letter dated The City of Hemet Library Improvement Project, and on the last page of this letter.
Per your application and the requirements set forth in Senate Bill 101 (2023/24), the City of Hemet will contribute a required local match in the amount of $505,025.00 toward the project. Match funds are subject to the same restrictions as grant funds; may not be spent on any unallowable costs; and must be spent during the grant period at the same rate as grant funds.
This grant is governed by the Grant Agreement and Certification of Compliance. These documents, along with the first allocation claim form and certification of Executive Order N-6-22 (required for awards of 5 million or more), will be emailed to your organization's Authorized Representative and must be signed using the DocuSign system.
Note: Neither grant nor match-funded work can be begin, or any costs be incurred from either grant or match sources, before a fully executed grant agreement has been signed by both parties.
Library - Courts Building
P.O. Box 942837
Sacramento, CA 94237-0001
916-323-9759
[email protected] .gov
www.library.ca.gov
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
STATE FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
TABLE OF CONTENTS
PROJECT SUMMARY .................................................................................................................... 1 PROCEDURES and REQUIREMENTS ............................................................................................. 2 A. Term of the Agreement ............................................................................................... 2 B. Scope of Work .............................................................................................................. 2 C. Budget Detail ................................................................................................................ 3 D. Reports .......................................................................................................................... 3 E. Claim Form and Payment ........................................................................................... 4 F. Grantee’s Covenants .................................................................................................. 6 EXHIBIT A: TERMS and CONDITIONS .......................................................................................... 7 EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS ................................................................. 22 EXHIBIT C: CERTIFICATION OF COMPLIANCE FORM .............................................................. 29 Certification ........................................................................................................................... 33 Authorized Representative Signature ................................................................................. 34 EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES ................................................................ 35 DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
PROJECT SUMMARY
Award Agreement between the California State Library and City of Hemet for the HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY project.
AWARD AGREEMENT NUMBER BF-22-008
This Award Agreement (“Agreement”) is entered into on the date of execution of the agreement by and between the California State Library (“State Library”) and City of Hemet (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded project at the HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY.
The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds in the amount of $2,020,098.00 through the process adopted by the State Library in administering such grants.
The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
PROCEDURES and REQUIREMENTS
A. . Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until June 30, 2027. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on June 30, 2027, and all grant project costs must be incurred by this date.
B. Scope of Work
1. Pursuant to the California Budget Act for the 2023-2024 Fiscal Year (Senate Bill 101), the State Library hereby allocates to City of Hemet, a sum not to exceed $2,020,098.00 (“Grant Funds”), upon and subject to the terms and conditions of this Grant Agreement for the HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY (“Agreement”).
2. Grantee agrees to perform all activities specifically identified in the Grantee’s submitted application and award packet.
3. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). Make financial records available to the State Library upon request. Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
Prepare and submit required narrative and financial reports. Procure equipment, and other supplies as needed for the project. Issue contracts for services, personnel, and consultants as needed for the project.
If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
Oversee the implementation of project activities.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the activities specified in the Grantee’s award packet documentation. The Grantee shall request the distribution of grant funding consistent with the approved project budget incorporated herein, and according to the payment schedule specified in this Agreement. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.
D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the State Library, using the sample report documents provided by the State Library. Visual documentation (e.g. still or video photography) will be required as part of each Narrative Report.
2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
Project start date -
3/31/2024
Financial Reports, Expenditure Detail, and
Narrative Reports Due 5/1/2024
4/1/2024 - 6/30/2024 Financial Reports Due 8/1/2024
7/1/2024 - 9/30/2024 Financial Reports, Expenditure Detail, and Narrative Reports Due 11/1/2024
10/1/2024 - 12/31/2024 Financial Reports Due 2/1/2025
1/1/2025 - 3/31/2025 Financial Reports, Expenditure Detail, and Narrative Reports Due 5/1/2025
4/1/2025 - 6/30/2025 Financial Reports Due 8/1/2025
7/1/2025 - 9/30/2025 Financial Reports, Expenditure Detail, and Narrative Reports Due 11/1/2025
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
Reporting Period Report Due Date
10/1/2025 - 12/31/2025 Financial Reports Due 2/1/2026
1/1/2026 - 3/31/2026 Financial Reports, Expenditure Detail, and Narrative Reports Due 5/1/2026
4/1/2026 - 6/30/2026 Financial Reports Due 8/1/2026
7/1/2026 - 9/30/2026 Financial Reports, Expenditure Detail, and Narrative Reports Due 11/1/2026
10/1/2026 - 12/31/2026 Financial Reports Due 2/1/2027
1/1/2027 - 3/31/2027 Financial Reports, Expenditure Detail, and Narrative Reports Due 5/1/2027
4/1/2027 - 6/30/2027 Financial Reports Due 8/1/2027
7/1/2027 - 9/30/2027 Final Financial, Narrative, and Expenditure Reports Due 11/1/2027
4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.
E. Claim Form and Payment
1. The State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outlined in this document have been met, and only for those activities and costs specified in the approved award packet documentation.
2. The Grantee shall complete, sign, and submit the Certification of Compliance form (Exhibit C) and the Financial Claim form (included in your award packet), to the State Library within 30 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to the Grantee organization, please contact the grant monitor regarding alternate options.
3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the State Library Grant Monitor. This DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.
4. If the payment amount made by the State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
6. The Final Payment of 10% will be withheld and retained by the State Library (if applicable) until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.
F. Grantee’s Covenants
In consideration of Grantor’s disbursement of the Grant Funds, for a period of ten years following the completion of the grant period, Grantee hereby covenants and agrees as follows:
1. The Grant Funds shall be used for HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
2. The property shall be held, used, operated, managed and maintained only in a manner that is consistent with this Agreement.
3. Grantee shall pay before delinquency all taxes, assessments (general and special), fees, and charges of whatever description levied on or assessed against the property by competent authority (collectively “Taxes”) and shall furnish Grantor with satisfactory evidence of payment upon request. Grantee shall keep the property free from any liens including, without limitation, those arising out of any obligations incurred by Grantee for any labor or materials furnished or alleged to have been furnished to or for Grantee at or for use on the property.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project materials is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.
The State Library reserves the right to post project materials to its website that are in compliance with these standards.
2. Acknowledgment: The State of California and the State Library shall be acknowledged in all promotional materials, signage, and publications related to the HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY Project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. c. Permanent, temporary, or promotional signage, including a dedication plaque or donor wall, should include abbreviated credit language as follows:
“Funding provided by the State of California.”; or,
“Project in partnership with the State of California.”
d. This acknowledgement does not need to be any longer than the above examples. Temporary project/promotional signage should include the State Library logo. Acknowledgement is not expected on regular facility signage.
State Library staff are available to review any mockups for permanent donor recognition/dedication signage you may have. California State Library Logo:
Use of the State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s). e. Project Photography: Photographs and videos are a great way to document your project. If obtaining still or video photography featuring members of the public, Grantees should obtain a photo release form. Grantees may use their organization’s image release form, or contact the State Library grant monitor for a sample image release form.
3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.
5. Applicable Law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative: Grantee and the State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.
9. Communication and Contact Information: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant monitor or representative of the State Library or Grantee.
For this purpose, the following contact information is provided below:
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
Mark Prestwich
City Manager
City of Hemet
445 E Florida Avenue
Hemet, CA 92543
[email protected]
951-765-2300
California State Library
Kevin Webb
900 N Street
Sacramento, CA 95814
[email protected]
(916) 603-6707
10. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.
11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns, and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.
12. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the State Library pursuant to this section. Also, the State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a State Library website for public access and viewing.
13. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance and approval of the final report by State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to State Library.
14. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
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“Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt of the Notice of Dispute, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.
15. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the project funded through this Grant Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.
16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
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BF-22-008
17. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.
18. Exclusive Agreement: This is the entire Agreement between the State Library and Grantee.
19. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
20. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the State Library at least 30 days prior to the final deadline.
21. Failure to Perform: The grant being utilized by the Grantee is to benefit the HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY Project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the State Library, including, but not limited to, the ten percent (10%) withheld.
22. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.
23. Force Majeure: Neither the State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
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BF-22-008
nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.
24. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the State Library any funds improperly expended.
25. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.
26. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
27. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the State Library pursuant to this Agreement. The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A and B) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
28. Grantee: The government or legal entity to which a grant is awarded and which is accountable to the State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application, and award agreement and accompanying documentation submitted. The grantee will keep such records and afford such access as the State Library may find necessary to assure the correctness and verification of such reports.
29. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant project. In the DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
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BF-22-008
event an audit should determine that grant funds are owed to the State Library, the Grantee is responsible for repayment of the funds to the State Library.
30. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.
31. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.
32. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
33. License to Use: The State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third-party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.
34. Limitation of Expenditure: Expenditure for all projects must conform to the Grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the State Library to the Grantee under this Grant Agreement shall not exceed $2,020,098.00 and shall be expended/encumbered in the designated award period.
During the award period, the Grantee may find that the approved budget may need to be modified. Budget changes, requests for additional funds, or requests DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.
35. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.
36. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the State Library to implement such article.
Grantee shall permit access by representatives of the Department of Civil Rights and the State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.
37. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
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BF-22-008
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the State Library Grants Management System, a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
d. Personally: When delivered personally to the Grantee’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to Grantee’s address as stated in this Agreement.
38. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Implementation Plan, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s approved outputs from the submitted application (including Budget and Implementation plan submitted as part of the required award documents)
g. All other attachments hereto, including any that are incorporated by reference.
39. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Implementation Plan submitted as part of the required award documents. The State Library shall provide funding to the Grantee for only the work and tasks specified in the list of approved outputs at only those costs specified in the Budget submitted as part of the required award documents and incurred in the term of the Agreement.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
b. The Grantee shall carry out the work described in the Implementation Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Implementation Plan, approved project outputs, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding schedule included in this Agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in the Procedures and Requirements.
40. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
41. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.
42. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
43. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.
44. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the State Library.
45. Public Records Act: Material maintained or used by the State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 7920, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.
Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.
46. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.
47. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.
48. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.
49. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
reimbursement for any costs used to meet cost sharing or matching requirements of any other State Library funded program.
50. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the State Library.
a. The Grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The Grantee shall be responsible for submitting to the State Library Financial Reports reflecting Grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder, the Grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the Grantee for the project in the following manner:
1) $1,010,049.00 upon the receipt and approval, by the State Library, of the submission of all required documents as stated in the award letter; execution of the agreement, certification, and claim form by the Grantee organization.
2) The second payment in the amount of $808,039.00 after the submission and approval of the January 31, 2025 report and receipt, by the State Library, of a completed claim form unless:
i. The grantee needs the funding prior to the January date in order for the project to progress. To obtain funding prior to January 31, 2025, the grantee must provide documentation to the grant monitor demonstrating effectively either (a) that the first award payment has been spent, or (b) why the second installment is needed in advance of the scheduled payment. ii. The grantee’s January 31, 2025, financial report demonstrates that they have not spent any of their initial payment. The second payment will be held until the Grantee demonstrates effectively that their project is moving forward and additional funding is needed.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
3) A final payment in the amount of $202,010.00 will be made upon submission and approval of the final interim grant report and financial claim form.
51. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.
52. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.
53. Site Visits: The Grantee shall allow the State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, providing technical assistance when needed, and visiting the State funded project.
54. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this Agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
55. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the Budget and the implementation plan included therein are part of the Agreement.
56. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.
57. Waiver of Rights: The State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by State Library. No delay or omission on the part of State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by State Library of a provision of this Agreement shall not prejudice or constitute a waiver of State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by State Library, nor any course of dealing between the State Library and Grantee, shall constitute a waiver of any of State Library’s rights or of any of Grantee’s obligations as to any future transactions. Whenever the consent of State Library is required under this Agreement, the granting of such consent by State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of the State Library.
58. Work Products: Grantee shall provide the State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.
59. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS
1. California Building Codes: Activities funded under this Agreement, regardless of funding source, must be in compliance with all applicable California Building Codes (Cal Code Regs., Title 24).
2. California Environmental Quality Act: Activities funded under this Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.).
Information on CEQA may be found in the California State Clearinghouse Handbook.
3. Changes in a project: Any proposed change in the project requested by the Grantee, which would change the information provided during the application process, requires approval from the State Librarian prior to execution. The State Librarian shall have the sole authority to determine if a proposed change by the Grantee is approved or not approved. The State Librarian's decision is final and binding.
4. Compliance with Laws; Consents and Approvals: Grantee will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies having jurisdiction over either the Grantee, the Property, or the project, and with all applicable directions, rules and regulations of the Fire Marshal, health officer, building inspector and other officers of any such government or agency. All permits, consents, permissions and licenses required by any federal, state or local government or agency to which Recipient, the Property, or the Infrastructure Project is subject, which may be necessary in relation to this Agreement, development, construction or ownership of the Infrastructure Project, at or prior to the commencement of construction, have been, or will be, obtained, and none of such consents, permissions and licenses are subject to appeal or to conditions which have not been met.
5. Contractors and Subcontractor: For the performance of all construction work on the Project, Grantee agrees to use a licensed general contractor or contractors (“Contractor”), in good standing, in order to complete the work described in the grant application. The Grantee hereby certifies that the Contractor is in good standing with the California State Contractors' License Board. The Grantee shall only DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
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contract with contractors who are licensed and shall ensure that the Contractor and any successor thereto shall only contract with subcontractors, that are also so licensed.
6. Contractor Insurance/Bond: Grantees shall be responsible for ensuring that any contractors/subcontractors hired for grant-funded work have all relevant bonds and insurance in place in compliance with prevailing wage and other applicable state and federal laws, the Department of Industrial Relations, and the Department of Consumer Affairs Contractors State License Board requirements.
Insurance:
a. Casualty Insurance
i. The Contractor shall procure and maintain insurance on all of its operations with companies acceptable to the State as follows:
1) The Contractor shall keep all insurance in full force and effect from the beginning of the work through contract acceptance.
2) The Contractor shall maintain completed operations coverage with a carrier acceptable to the State through the expiration of the patent deficiency in construction statute of repose set forth in Code of Civil Procedure Section 337.1.
b. Workers’ Compensation and Employer’s Liability Insurance i. In accordance with Labor Code Section 1860, the Contractor shall secure the payment of worker's compensation in accordance with Labor Code Section 3700.
ii. In accordance with Labor Code Section 1861, the Contractor shall submit to the Grantee the following certification before performing the work:
1) I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. iii. Contract execution constitutes certification submittal. iv. The Contractor shall provide Employer's Liability Insurance in amounts not less than:
1) $1,000,000 for each accident for bodily injury by accident 2) $1,000,000 policy limit for bodily injury by disease 3) $1,000,000 for each employee for bodily injury by disease v. If there is an exposure of injury to the Contractor's employees under the U.S.
Longshoremen's and Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
c. General Liability Insurance
i. The Contractor shall carr y General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of the Contractor providing insurance for bodily injury liability and property damage liability for the following limits and including coverage for:
A. Premises, operations, and mobile equipment
B. Products and completed operations
C. Broad form property damage (including completed operations) D. Explosion, collapse, and underground hazards
E. Personal injury
F. Contractual liability
ii. The Contractor shall not require certified Small Business subcontractors to carry Liability Insurance that exceeds the limits in Section (d)(i), "Liability Limits/Additional Insureds," of these specifications. The maximum required Liability Insurance limits in Section (d)(i), "Liability Limits/Additional Insureds," of these specifications shall apply to certified Small Business subcontractors for work performed on the project, regardless of tier. The provisions of Section (d)(i), "Liability Limits/Additional Insureds," shall be included in all subcontracts for all tiers.
Public works construction projects, as defined in Labor Code Section 1720 et seq, must meet prevailing wage requirements. California law requires that workers are not paid less than the general prevailing rate of per diem wages on public works projects.
d. LIABILITY LIMITS/ADDITIONAL INSUREDS
i. The limits of liability shall be at least the amounts shown in the following table:
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
Construction
Contract
Amount 4
For Each
Occurrence1
Aggregate for
Products/
Completed
Operation
General
Aggregate2
Umbrella or
Excess
Liability3
≤$1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 >$1,000,000
≤$15,000,000
$1,000,000
$2,000,000
$2,000;000
$10,000,000
>$15,000,000
≤$25,000,000
$2,000,000
$2,000,000
$4,000,000
$15,000,000
>$25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000
1. Combined single limit for bodily injury and property damage.
2. This limit shall apply separately to the Contractor's work under this contract.
3. The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted.
4. "Construction Contract Amount" is the total amount of the construction contract all or a portion of which is funded with Building Forward Grant funds.
7. Delay: Grantee shall promptly notify the State Library in writing of any event causing delay or interruption of the project beyond the scheduled implementation plan timeline. The notice shall specify the work delayed and the cause and period of each delay.
8. Documentation: Grantees shall provide to the State Library photographic documentation of the project site prior to the start of the project, during the project, and upon completion of the project.
9. Grantee’s Responsibility: Grantee and its representatives shall:
a. Faithfully and expeditiously perform or cause to be performed all project work as described in the application, timeline/activities, and budget submitted by the Grantee.
b. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in relation to the grant funds.
c. Comply with all applicable California laws and regulations. d. Implement the project in accordance with applicable provisions of the law. e. Fulfill their obligations under the Agreement and be responsible for the performance and completion of the project.
f. Follow all applicable local, state and/or federal laws pertaining to the expenditure of funds.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
g. Retain any bid, contracts, and any other pertinent documentation. Likewise, all local, state, and federal permits required for construction projects must be acquired by the grantee and retained for a period of five (5) years after the end of the grant period.
10. Inspection of the Project: The State Library shall have the right to inspect the project during the grant term. Grantee shall deliver to the State Library any inspection reports prepared, to the extent available to the Grantee. Inspection of the project shall be for the sole purpose of protecting the State of California’s interest and is not to be construed as a representation by the State Library that there has been compliance with plans or that the project will be free of faulty materials or workmanship. The Grantee can make or cause to be made such other independent inspections as the Grantee may desire for its own protection.
11. Interest: Any interest earned on grant funds held by the Grantee shall be contributed to the HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY Project. Interest funds cannot be used as local matching funds.
12. Maintenance and Operation: The Grantee is responsible for ensuring that grant projects funded by the State of California are maintained and operated in the same condition as when the project was completed; normal wear and tear is accepted.
Maintenance and operations standards should be adopted upon completion of the project.
13. Matching Funds: Per the Budget Act of 2021 (Chapter 69, Statutes of 2021, Item 6120-161-0001 1d) Grantees shall be required to match state funds on a dollar-for- dollar basis. The State Library may reduce the amount of required matching funds if the requesting local library jurisdiction can demonstrate that it is eligible and financially unable to provide the required matching funds. Upon receipt and assessment of a reduction request, the State Library may lower the match requirement, as follows:
a. For each library with local operating include per capita (LIPC) of more than $40, no reduction in local match is allowed
b. For reach library with an LIPC between $40 and $15.01, the local match may be reduced by half.
c. For each library with an LIPC of $15 of less, the local match may be eliminated.
14. Permits, Licenses, Approvals, and Legal Obligations: Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project(s). Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, procurement, and safety laws, rules, regulations, DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
and ordinances. Grantee shall be prepared to provide copies of permits and approvals to the State Library should the State Library request copies.
15. Relationship of Parties: If applicable, Grantee is solely responsible for design, construction, and operation and maintenance of projects within the project application and implementation plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement.
16. Use of Funds: Grantee agrees that the grant funds shall be expended only in accordance with the applicable statutes and Grant Guidelines governing the Program, and only for the purposes and activities set forth in this Agreement and the Grantee’s approved outputs, budget, and implementation plan completed as part of the award packet documentation. The grant funds shall be used exclusively for the payment of, or reimbursement for, approved costs as shown in the project budget completed as part of the award packet documentation or the amended budget as approved in writing by the State Library. Such payment of costs to be made only after the costs have been incurred by the Grantee. “Approved Costs” shall mean all hard and soft eligible costs under the project (and modifications thereto), which were approved, or will be approved by the State Library, which are needed for the completion of the project, in accordance with application.
17. Use of site: The facility, or the part thereof, acquired, constructed, or remodeled, upgraded, or rehabilitated with funds received as part of the Building Forward grant program will be dedicated to public library service and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period.
18. Leases: Leases involving the facility, or the part thereof, acquired, constructed, or remodeled, upgraded, or rehabilitated with funds received as part of the Building Forward grant program will need to maintain a lease in place for a period of not less than 10 years following completion of the grant period. Leases (including any ground leases) will require approval from the State Library prior to award and any changes to the lease(s) during the term of the grant period must distributed to the grantee’s grant monitor for approval.
19. Withdrawal of a Project: If it is determined by the grant recipient that a project cannot be completed within the scope of the approved application, the project may be withdrawn by the Grantee prior to the completion of fifty percent of the project. Upon withdrawal of a project, all unspent funding must be returned to the DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
State Library along with a completed detailed expenditure form showing how any unreturned funds were spent.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
EXHIBIT C: CERTIFICATION OF COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant-funded project.
I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.
I certify that any or all other participants or contractors in the grant-funded project have agreed to the terms of the Award Agreement and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this project from the funds awarded for the activities and services described in the attached award packet, as approved and/or as amended by the California State Librarian.
I certify that I have reviewed and understand the list of unallowable costs and that my project does not contain any of the unallowable costs listed.
The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this project, to include the requirements listed below in this Certification of Compliance Form.
2. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $2,020,098.00. This award will fund library facility improvements as set forth in the list of approved outcomes, Implementation Plan and Budget as approved and/or as amended by the California State Librarian.
3. The authorized representative, on behalf of the Grantee, hereby certifies that City of Hemet will provide a cash match in the amount of $505,025.00. The matching funds (if applicable) will be expended during the grant period at the same rate as the state-provided grant funds.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
4. The authorized representative, on behalf of the Grantee, hereby certifies that the project property, or a part thereof, will be dedicated to public library services and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period.
5. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements under the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.
Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the State Library to implement such article.
6. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
7. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)).
8. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).
9. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
10. RESOLUTION: A county, city, district, or other local public body must provide the California State Library with a copy of a resolution, order, motion, or ordinance of DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
11. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.
12. CONTACT INFORMATION: Grantee will provide the State Library with requested project contacts and immediately inform their grant monitor of changes or updates to project contacts.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government- wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug-free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all project staff, will ensure all project materials will meet California accessibility standards.
15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with all California non-discrimination laws.
16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with State Library acknowledgement requirements.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
GRANTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature:
Date:
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327 2/5/2024
[email protected] 951-593-2857
Noah Rau
445 E. Florida Avenue, Hemet, CA 92543
City ManagerMark Prestwich
City of Hemet
[email protected]
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHROIZED REPRESENTATIVE
Signature:
Date:
Printed Name of Person Signing:
Title:
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814
Signature:
Date:
Printed Name of Person Signing:
Title: California State Librarian
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327 2/5/2024
City Manager
Mark Prestwich
445 E. Florida Avenue, Hemet, CA 92543City of Hemet
Greg Lucas
2/5/2024
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx
Mileage:
Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:
Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.
Hotel:
Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.
Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
City of Hemet
HEMET PUBLIC LIBRARY - HEMET PUBLIC LIBRARY
BF-22-008
AIRLINE TICKETS:
Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
November 1, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executiv e orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions- programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.
Annly Roman
Grants and Bureau Operations
Manager
California State Library
900 N Street
Sacramento, CA 95814
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
16.D
INFRASTRUCTURE – BUILDING FORWARD
FINANCIAL CLAIM
1ST PAYMENT
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].
State of California, State Library Fiscal Office
ENY: 2022 ITEM NO: 6120-1614-0001, Chapter 249, Statutes of 2022 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: N/A
By Date
(State Library Representative)
Grant Award #: BF-22-008 Date:
Invoice #:
BF-22-008-01 PO #:
6954
Payee Name: City of Hemet
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $1,010,049.00 Type of Payment:
(Payable Upon Execution of Agreement) ☒ PROGRESS
Grantee Name: City of Hemet ☐ FINAL (Name on Award Letter and Agreement) ☐ IN FULL
Project Title: The City of Hemet Library Improvement
Project
☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327 Mark Prestwich City Manager
2/5/2024
445 E. Florida Avenue, Hemet, CA 92543
2/6/2024
16.D
State of California
Financial Information System for California (FI$Cal)
GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
The principal purpose of the information provided is to establish the unique identification of the government entity.
Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: [email protected], or fax it to (916) 576-5200, or mail it to the address above.
Principal
Government
Agency Name
Remit-To
Address (Street
or PO Box)
City
Government Type:
State Zip Code+4
County Federal
Employer
City
Special District Federal Identification
Other (Specify) Number
(FEIN)
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California.
Dept/Division/Unit Complete
Name Address
Dept/Division/Unit Complete
Name Address
Dept/Division/Unit Complete
Name Address
Dept/Division/Unit Complete
Name Address
Contact Person Title
Phone number E-mail address
Signature Date
DocuSign Envelope ID: 1AB375FF-1AE8-44D7-8D85-9FABE35F7327
951-392-6264
Director of Public Works
Noah Rau
[email protected]
2-5-2024
16.D
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 23 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to the Two (2) Top Ranked Firms for On-Call, As Needed Professional Services for Hydrology, Hydraulic, and Water Quality Management Plan Preparation and Plan Checks and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to the Two (2) Top Ranked Firms for On-Call, As Needed Professional Services for Hydrology, Hydraulic, and Water Quality Management Plan Preparation and Plan Checks and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney.
BACKGROUND:
The Public Works Engineering Division is responsible for overseeing the capital improvement program, development engineering program, and public works inspections program for the City. The Division also assists in supporting an array of projects in other City Departments related to improvements to City facilities and American Rescue Plan Act (ARPA) funded projects.
Engineering services in several specialty areas are required for the broad scope of work that the City encounters across all departments. The Engineering Division budgets for anticipated plan check services related to drainage each fiscal year. Capital improvement projects budget for the required engineering services within the project budgets as projected to the best of the City staff’s ability.
The Engineering Division determined that on-call hydrology, hydraulic, and water quality management plan preparation and plan check services were needed for development submittals and Capital Improvement Projects that need drainage support. The City has a long history of drainage-related
16.E
issues, and having qualified staff on-call that can provide the necessary technical support for such issues, as well as the technical qualifications for plan check services, is a benefit to the City.
The award of an agreement for on-call, as-needed hydrology, hydraulic, and water quality management plan preparation and plan check services does not commit a dollar amount to any firm and the work may be assigned by the City as deemed necessary and within existing appropriations or as specifically appropriated by the Council.
ANALYSIS:
A request for proposal (RFP) for on-call geotechnical services was issued on March 18, 2024, and 374 potential vendors were notified on Planet Bids. On April 8, 2024, the City received five (5) proposals from the following firms:
1.Bureau Veritas
2.CASC Engineering and Consulting
3.J. Smith & T. Muli, Inc.
4.JLC Engineering and Consulting, Inc.
5.NV5, Inc.
The proposals provided the firm’s qualifications and interest in providing hydrology, hydraulic, and water quality management plan preparation and plan check services for the City.
DISCUSSION:
The RFPs were reviewed by staff based on experience, similar projects, completeness of the RFP, and cost. The top two firms rated by staff are JLC Engineering and Consulting, Inc. and NV5 Inc.
Staff recommends offering the top two firms a professional services agreement for on-call, as-needed services. The proposed agreement term is for three years, with the option to extend up to an additional two years.
PREVIOUS COUNCIL ACTION:
There is no previous City Council action.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
Engineering services are budgeted in each fiscal year’s budget and within improvement projects, as well as development plan check costs. Currently no additional funds are being requested.
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ALTERNATIVE(S):
1.Do not approve the Agreements for on-call, as-needed Engineering Services.
2.Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment 1 Resolution On-Call Services Award
Attachment 2 - Draft Agreement
Attachment 3 - Proposals Received
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AWARDING PROFESSIONAL
SERVICES AGREEMENTS TO THE TWO (2) TOP
RANKED FIRMS: JLC ENGINEERING AND
CONSULTING, INC. AND NV5 INC., FOR ON-CALL, AS-
NEEDED PROFESSIONAL SERVICES FOR
HYDROLOGY, HYDRAULICS, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN
CHECKS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS RELATED TO THE
AGREEMENTS AS APPROVED IN FINAL FORM BY THE
CITY ATTORNEY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The Hemet Public Works Engineering Division is responsible to oversee the capital improvement program, development engineering program, and public works inspections program for the City; and
WHEREAS, Engineering services in several specialty areas are required for the broad scope of work that the City encounters across all of the Departments; and WHEREAS, The Engineering Division budgets for anticipated plan check services related to drainage each fiscal year; and
WHEREAS, Capital improvement projects include budget appropriations for the required engineering services to complete the scope of work as projected to best of City staff’s ability; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, the City solicited proposals from firms for on-call, as-needed professional services for hydrology, hydraulic, water quality management plan preparation and plan checking;
WHEREAS, City Staff recommends awarding professional services agreements to the top two ranked firms; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS – The above recitals are all true and correct.
SECTION 2. Award on-call, as-needed professional services agreements to the top two ranked firms for on-call, as-needed professional services for hydrology, hydraulic and water quality management plan preparation and plan checks.
SECTION 3.Authorize the City Manager to execute all documents related to the on-call, as needed professional services agreements as approved in final form by the City Attorney.
SECTION 4.This resolution shall take effect upon its adoption.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23 rd day of April, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
[***NAME***]
[***INSERT ENTITY TYPE AND STATE OF
INCORPORATION***]
AGREEMENT # [***INSERT AGREEMENT #***]
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PROFESSIONAL SERVICES AGREEMENT
FOR [INSERT DESCRIPTION OF SERVICES, E.G. ACCOUNTING SERVICES] BETWEEN THE CITY OF HEMET AND [INSERT CONSULTANT’S NAME]
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this [____] day of [________], 20[__] (“Effective Date”), by and be tween the CITY OF HEMET (“City”), a California municipal corporation and [Insert Consultant’s Name], [Insert entity, state of corporation and type of entity, e.g. a Calif ornia corporation, a limited partnership, a limited liability company] (“Consultant”). For the purposes of this Agr eement City and Consultant are sometimes hereinafter referred to as “Party” a nd hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by [Insert method of solicita tion, e.g. issuance of request for proposals, direct contract] the performance of the [Insert same brief description as above] defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter in to this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to forma lize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
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PERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. T ERM OF AGREEMENT
(a) Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through [Insert Da te, recommend using end of current fiscal year], commencing on the Effective Date, unless otherwise extended by written agreement of the Parties.
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(b) The City Manager may, in his or her sole di scretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.”
(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriate d and authorized for the subsequent fiscal year. City is not obligated to pay Consu ltant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. S COPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and task s set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. A DDITIONAL SERVICES
Consultant shall not be compensated for an y work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advan ce and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
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ECTION 4. C OMPENSATION
(a) Subject to any limitations set forth in this Ag reement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed [Insert Contract Amount] (“ Not to Exceed Amount”) unless additional compensation is approved in writing in acco rdance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) All City vendors and consultants receiving new contracts, contract re newals, or contract extensions must sign up to receive electr onic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed bi- weekly and are safe and secure. To enro ll in ACH electronic payments contact
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(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(d) If this Agreement is extended pursuant to S ection 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. M ETHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of th e end of each month a complete and accurate written itemized invoice for services perfor med and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoi ce. The invoice shall detail charges by the following categories: labor (by sub-category), tr avel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include paym ent of labor on an hour ly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the am ount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved a nd paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performe d or expenses incurred by Consultant which are disputed by City, City will use its best effo rts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice.
(d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement
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in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the Ci ty with a revised estimate of the total cost of performing this Agreement.
SECTION 6. I NSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work ex cept with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.”
SECTION 7. O WNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise di sposed of by City withou t the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes fo r any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, re ports, data, notes, computer files, files, or other documents prepared, develope d, or discovered by Consultant in the course of providing the Services pursuant to this Agreemen t, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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ECTION 8. I NTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant he reby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, includ ing copyrights, in connec tion with the Services performed under this Agreement. Consultant shal l promptly execute and deliver and shall cause its employees, agents, and sub c onsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, applicati on for copyright, patent, trademark or other intellectual property right protectio n, or other papers or instruments which may be necessary or
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desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound r ecordings, marks, logos, graphi c designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Cons ultant’s Services under this Agreement.
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ECTION 9. C ONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documen ts and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expe nditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally a ccepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relati ng to audits of pub lic agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspect ion, audit, and copying, at a ny time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided direct ly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
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ECTION 10. I NDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any
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manner, nor to incur any obliga tion, debt, or liability of an y kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive di rection and control. Neither City, nor any elected or appointed boards, officers, official s, employees or agents of City, shall have control over the conduct of Consultant or a ny of Consultant’s officers, employees, sub consultants or agents except as set forth in th is Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives a ny claim Consultant may have to any such rights.
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ECTION 11. S TANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons enga ged in providing services simila r to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibi t “A” “Scope of Services ” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or perfor mance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. C OMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES
Consultant shall keep itself informed of and co mply with all applicable federal, state, and local laws, statutes, codes, ordi nances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to co mply with all applicable laws, ordinances, and regulations. Consul tant represents and warrants th at Consultant has obtained or shall promptly obtain all necessary licenses to pe rform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform
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to all ordinances, policies, and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. P REVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor C ode Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), wh ich require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, inde mnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liabili ty arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
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ECTION 14. N ONDISCRIMINATION
Consultant and subconsultant s shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health de cision-making, race, color, re ligious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connec tion with or related to the performance of this Agreement. Consultant and subconsultants sha ll comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the app licable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)- (f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal.
Code of Regs, tit. 2, § 7285.0, et seq.). Consu ltant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
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ECTION 15. C ONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any of ficer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would c onflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be empl oyed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the perf ormance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of
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City relative to such projects. Any future pos ition of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private part ies following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
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ECTION 16. C ONFIDENTIAL INFORMATION; RELEASE OF INFORMATION
(a) All information gained or work product pr oduced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant . Consultant shall not rel ease or disclose any such information or work product to persons or en tities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents, or sub consultants, sha ll not, without prior written authorization from the City Manager or unless requested by th e City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be c onsidered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from C onsultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City reta ins the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, th is right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.
SECTION 17. I NDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the C ity) and hold harmless City and any and all of its elected and appointed offi cials, officers, employees, representatives and agents
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(“Indemnified Parties”) from and against an y and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without lim itation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection ther ewith and cost of investigation), damages, costs and expenses, including atto rney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or re late to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by an y of them, or anyone that they control.
Consultant’s duty to indemnify, protect, de fend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Consultant agrees to obtain executed indemn ity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, w ith, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.
In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsib le according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
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ECTION 18. I NSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhi bit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
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ECTION 19. A SSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assi gn or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the Cit y, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute
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a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its dutie s pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
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ECTION 20. C ONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, a ssigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. T ERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discreti on, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement fo r cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, eith er Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Secti on 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its so le option and for its convenien ce for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City
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may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescissi on, at which time Consultant w ould be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. E XCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of G od, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The te rm and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. N OTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Consultant: [Insert Vendor Name]
Attn: [Insert Appropriate Party]
[ A d d r e s s L i n e ]
[ A d d r e s s L i n e ]
Notice shall be deemed effective on the date pe rsonally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. A UTHORITY TO EXECUTE.
The person or persons executing this Agreemen t on behalf of Consultant represents and warrants that he/she/they has/ha ve the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
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SECTION 25. A DMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
S
ECTION 26. B INDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. A MENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreemen t if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracti ng authority. All other amendments shall be approved by the City Council. Th e Parties agree that the require ment for written modifications cannot be waived and that any attempted waiver shall be void.
S
ECTION 28. W AIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Cons ultant shall not constitute a waiver of any of the provisions of this Agreement.
S
ECTION 29. L AW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. A TTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such l itigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
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SECTION 31. E NTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, fina l and exclusive expression of the Parties with respect to the matters ad dressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. S EVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. I NCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant fo r any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be re ferred to collectively as the “Agreement Documents.” The Agreement Documents ar e intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Fundi ng Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirement s of one Document are more stringent then another the more stringent shall govern.
SECTION 34. T IME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement.
SECTION 35. F EDERAL PROVISIONS.
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[***Include this section only if applicable; de lete otherwise. If a pplicable, you may also need to include some information in the RFP.** *]When funding for the Se rvices is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D ” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
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00091740.2
Signature Page
PROFESSIONAL SERVICES AGREEMENT
FOR [INSERT DESCRIPTION OF SERVICES, E.G. ACCOUNTING SERVICES] BETWEEN THE CITY OF HEMET AND [INSERT CONSULTANT’S NAME]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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00091740.2
Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
[Provide Detailed Description of Services Provided]
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Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
Compensation for the Services shall not exceed [insert amount] (“Not to Exceed Amount”)
[Provide Detailed Compensation Structure]
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00091740.2
Exhibit C – Insurance
Page | 1
EXHIBIT “C”
INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain co mmercial general liability insurance with coverage at leas t as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy mu st include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office fo rm CA 00 01 covering bodily injury and property damage for all activities of the Consultant arisi ng out of or in connection with Services to be performed under this Agreement, including cove rage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS ) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum am ount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain co ntinuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
W
ORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required] . As an option to meet the limits of insu rance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages
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00091740.2
Exhibit C – Insurance
Page | 2
set forth above, including commercial general lia bility, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the po licy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies sh all also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspe nded, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complie d with. The City Attorney may require that Consultant furnish City with copies of orig inal endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consulta nt shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured rete ntions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related inve stigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
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00091740.2
Exhibit C – Insurance
Page | 3
non-contributory basis for the benef it of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation ag ainst City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allo w Consultant or others providing insurance evidence in compliance w ith these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, em ployees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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00091740.2
Exhibit D – Federal Requirements
Page | 1
EXHIBIT “D”
FEDERAL REQUIREMENTS
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BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
RESPONSE TO REQUEST FOR PROPOSAL
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC,
AND WATER QUALITY MANAGEMENT PLAN
PREPARATION AND PLAN CHECKS
PRESENTED TO
Ms. Candace Sunds
City of Hemet
445 East Florida Avenue
Hemet, CA 92543
CONTACT REGARDING THIS PROPOSAL
Craig Baptista, M.B.A.
Vice President - West, Plan Check & Inspection
9988 Hibert Street, Suite 100, San Diego, CA 92131
O. 916.514.4516 | C. 916.291.9151
E: [email protected]
April 8, 2024
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1 TABLE OF CONTENTS
BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
5.5. a) Cover Letter ..............................................................................................................................3
5.5. b) Exceptions ................................................................................................................................5
5.6. a) SECTION 1 - Experience .........................................................................................................7
5.6. b) SECTION II - Personnel .......................................................................................................... 15
5.6. c) SECTION III - Fee Schedule ................................................................................................... 26
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BUREAU VERITAS 220 Technology Drive, Suite 100, Irvine, CA 92618 P 916.514.4516 | www.bvna.com
2 EXECUTIVE SUMMARY
COVER LETTER
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3 BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
COVER LETTER
April 8, 2024
Ms. Candace Sunds
City of Hemet
14177 Frederick Street
Hemet, CA 92552
RE: RFP for On-Call Services for Hydrology, Hydraulic, and WQMP Services Dear Ms. Sunds,
On behalf of Bureau Veritas North America, Inc. (BV), we are pleased to present our proposal to provide Hydrology, Hydraulic, and WQMP Services for the City of Hemet, CA (the City). We take great pride in our ability to provide exemplary services to our clients.
For the past 49 years, BV has provided code compliance services through its 7 offices in California and nearly 200 employees. BV has more than 400 code compliance professionals nationwide. Currently our company provides comprehensive municipal consulting services throughout Southern California and the United States. BV is a “one-stop shop” providing an unparalleled depth of resources for services.
BV’s approach to doing business aligns with the City’s needs, providing a comprehensive framework for meeting the needs of the community. BV continually strives to support the safety and well being of the jurisdictions we serve with the services we provide.
Our firm has the breadth and depth of resources, skills and expertise needed to provide excellent Hydrology, Hydraulic, and WQMP Services for the City. We are keenly aware of the desire for high-quality customer service, timely reviews, reliability, responsiveness and cost-effective solutions. We have a commitment to provide accurate and appropriate solutions to our clients. Our ability to quickly and efficiently meet the needs of the communities that we serve make BV an ideal partner for the City.
We offer optimal solutions to deliver quality services:
• Unparalleled engineering plan check expertise
• Established relationships to ensure timely reviews, transparency and responsiveness • Depth of resources and close proximity to maximize flexibility and deliver quality services • Licensed and certified professionals
• Electronic review and web-based document control best practices to consistently meet turnaround schedules and streamline communication
• Collaborative and solution-oriented philosophy and culture BV is committed to meeting and exceeding the City’s expectations for agreed upon turn-around times. In addition, we can offer a web-based electronic review and a document control system that gives the City secure, around the clock access to critical plan review and inspection information.
Our local office in San Diego will manage the partnership with the City, augmented by staff from our six other California office locations, enabling quick and efficient responses. An officer of the corporation with full authority to bind the company to the contract is Craig Baptista, M.B.A. - West, Plan Check & Inspection . BV takes no exceptions to any part of the specifications as written in the RFP , or as amended by any addenda subsequently issued, or to the Professional Agreement Sample attached as Appendix A (“Agreement”). We accept all terms and conditions in their entirety.
BV looks forward to a successful, professional relationship with the City by augmenting the department’s staff, promoting transparency in our work, improving efficiencies, and exceeding your expectations.
Sincerely,
Craig Baptista, M.B.A., Vice President - West, Plan Check & Inspection 9988 Hibert Street, Suite 100, San Diego, CA 92131
O. 916.514.4516 | M. 916.291.9151 | E: [email protected]
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BUREAU VERITAS 220 Technology Drive, Suite 100, Irvine, CA 92618 P 916.514.4516 | www.bvna.com
4 EXECUTIVE SUMMARY
EXCEPTIONS
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5 BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
EXCEPTIONS
EXCEPTIONS
Bureau Veritas North America, Inc. takes no exceptions to any part of the specifications as written in the RFP , or as amended by any addenda subsequently issued, or to the Professional Agreement Sample attached as Appendix A (“Agreement”). We accept all terms and conditions in their entirety.
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BUREAU VERITAS 220 Technology Drive, Suite 100, Irvine, CA 92618 P 916.514.4516 | www.bvna.com
6 PROFESSIONAL TEAM ASSIGNMENTS
SECTION I
EXPERIENCE
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7 BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
SECTION I - EXPERIENCE
EXPERIENCE TO MEET THE CITY’S
NEEDS
In order to meet the needs of the City of
Hemet Public Works Department, BV will
deliver services that meet and exceed
the City’s expectations by providing
experienced, expert staff who will deliver
timely, convenient and responsive On-
Call Hydrology, Hydraulic, and WQMP
Services.
Out team is committed to delivering
excellence to the City by providing the
following requested services:
1. Preliminary/Final Hydrology Plan Check Services
2. Preliminary/Final Hydraulic Plan Check Services
3. Preliminary/Final WQMP Plan Check Services
4. Storm Drain/Drainage Facility Design and Plan Preparation for Capital Improvement Projects
5. Other services related to Hydrology, Hydraulics, and Water Quality
Firm Profile
Bureau Veritas is a multinational corporation with a history which includes over 196 years of providing worldwide regulatory compliance service to industry and governmental agencies.
Founded in 1828, Bureau Veritas is a global leader in quality assurance, health, safety, and environmental (QHSE) solutions.
Recognized and accredited by the largest national and
international organizations and with over 82,000 employees, Bureau Veritas has unparalleled resources to manage projects requiring a broad range of expertise across vast geographies.
With operations in 140 countries and all continents, Bureau Veritas draws on the synergies between its local teams and dedicated technical centers throughout the world. Bureau Veritas’ local presence allows it to provide timely delivery and exceptional customer service in the most cost-effective manner and it is the top independent environmental consulting firm and largest elevator inspection firm in the United States.
Within the United States, Bureau Veritas North America, Inc., incorporated in the state of Delaware, is recognized as being the largest code compliance firm in the nation with over 4,000 employees working out of 100+ offices. Many of the firm’s staff have been public agency employees or augmented public
agency personnel who know and understand government
processes. Consequently, BV is ready to step in immediately at whatever level the City requires and bring one integrated source to meet its needs.
Many of the firm’s staff have been public agency employees or augmented public agency personnel who know and understand government processes. Consequently, BV is ready to step in immediately at whatever level the City requires and bring one integrated source to meet its needs. BV’s staff knows the value of clear and transparent communication and how to work together as a team in conjunction with a jurisdiction. This philosophy is put into practice on all of the firm’s projects and is a great value to its municipal clients. BV’s intimate familiarity with California municipalities, exceptional attention to customer service, large pool of experienced personnel, and ability to provide value added services makes BV the optimal choice for meeting the City’s ongo- ing professional needs.
The firm’s local presence in San Diego with 6 supporing offices allows it to provide timely delivery and exceptional customer ser- vice in the most cost-effective manner and it is the top indepen- dent environmental consulting firm and largest plan review firm in the nation.
Customer/Client Services offered by BV include:
• Civil engineering plan review
• Building Official/Administration
• Architectural, structural, mechanical, electrical, plumbing plans and construction documents examination
• ICC and CASp Certified Professionals
• Building Plan Review
• Building Inspections
• Permit Issuances
• Code enforcement
• Fire and life safety plan review & inspection
• Staff augmentation & attendance at occasional meetings at City Hall as required
• Green building, ADA & accessibility, LEED
• Electronic & digital plan review services
As the largest plan review firm in the United States, we pro- vide full-service code consulting and plan review services for compliance with a variety of codes, including the International Building, Plumbing, Civil, Electrical, Mechanical, Fuel Gas, Energy Conservation, and Fire Codes, as well as the National Electric Codes as adopted by each jurisdiction. We have specific experi- ence working through a variety of challenges, including, but not limited to, water, sewer, stormwater drainage; infill commercial development; adaptive reuse and change of occupancies of existing buildings; retrofit of un-reinforced masonry or soft-story buildings; large commercial shopping centers and mixed-use multi-family developments; live-work projects; and high tech, research, and development facilities.
BV personnel have performed and managed plan review
for thousands of projects. Project types include water and wastewater treatment facilities, high-rise hotels and office buildings; institutional occupancies (including jails, shipping facilities, and room additions); single-family tract and custom homes; tilt-up shells; tenant improvements; and infrastructure (roads, wet and dry utilities). Our staff has considerable review experience of virtually any structure requiring permits, plan reviews, and inspections. Our large, licensed plan review staff enables us to manage numerous and complex projects simultaneously, as well as provide discipline-specific plan reviews
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8 BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
SECTION I - EXPERIENCE
(e.g., civil infrastructure,
structural, mechanical/
plumbing, electrical, fire,
access, street, drainage, map).
BV has at its disposal a large
pool of resources and deep
bench of highly qualified
experts to tap into to address
increases in workload. Any
project which comes into the firm’s offices is reviewed on-time, on-budget, and accurately. As a result of employing an exten- sive staff, BV is able to handle multiple large and small projects concurrently, without any negative impact to project turnaround times, project budgets, customer service, precision, or quality of deliverables.
Civil Plan Review Services
BV’s extensive experience providing On-Call Public Works Engineering Service to public agencies throughout California enables us to evaluate items which are essential to providing effective services to the City.
We offer services that range from reviewing and inspecting a single, complex or unique project to handling all plan review and inspection needs for a City. Our staff are dedicated to providing the highest level of customer service and ensuring that all work is in conformance with all requirements. Our resources can be adjusted on fast-track projects, as needed, to meet demanding schedules.
Plan Review Compliance Standards
Our professional staff evaluates all city, state, and federal requirements applicable to the project before beginning a review.
Requirements for civil infrastructure originate from multiple sources including statutory requirements, local ordinances and design guidelines, federal requirements including ADA and NPDES, state requirements including Title 24, and the requirements of any affected utilities, districts, or agencies.
Civil infrastructure and site plans are reviewed for conformance to the following quality standards:
• Greenbook
• Geotechnical Report recommendations
• Conditions of Approval of the use permit or Tentative Map • Municipal Code and local ordinances
• Jurisdiction’s design guidelines and standard plans and specifications
• ADA and Title 24 accessibility standards
• NPDES C.3 requirements when applicable
• Environmental mitigation requirements
• Requirements of affected outside agencies and utility districts
Our professional plan reviewers will provide a comprehensive assessment of the conformance of submitted improvement
plans to these quality standards.
Improvement Plan Review Tasks
The following outlines our typical scope of services for the review plans:
• Check design for conformity to the approved tentative map and conditions of approval
• Evaluate the layout for consistency with the final map • Review grading plans for consistency with the applicable drainage standards and grading ordinance
• Erosion and sediment control provisions
• Storm Water Pollution Prevention Plans and RWQCB N.O.I. • Review horizontal and vertical alignment of streets for conformance to the applicable street design standards,
check pavement structural section against geotechnical
recommendations
• Review storm and sanitary sewer systems and hydrology/ hydraulic calculations
• Review water distribution system for fire hydrant and valve spacing
• Street light spacing, and location for potential conflicts • Review underground utilities for crossing clearances and conflicts
• Review for compliance with outside agency requirements • Review quantities, estimates and schedules
Prompt delivery of quality plan reviews is the hallmark of our service. Ideally, the review process involves no more than two plan submittals, perhaps three under extraordinary
circumstances. To achieve this, it is important for the plan reviewer to see the “big picture” during the approval process, and to expedite the review, while assuring adherence to all City standards and requirements.
At the completion of each review, comments noting any
deficiencies are prepared for the applicant. Review comments may be distributed by the City staff, or directly to the applicant by BV, depending on the City’s preference. Copies of review letters are always forwarded to the City for its records and files. Our customary practice is to provide comments in narrative form in a memorandum. We find this method to be more precise than just marking the submittal alone. Additionally, this method facilitates the transmission and preservation of comments in electronic format.
Development Review & Entitlement Processing
Accurate, timely Civil Engineering Plan and Final Map Reviews
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9 BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
SECTION I - EXPERIENCE
facilitating land development projects requires a strong public- private partnership. Project momentum must be balanced
with engineering, water quality, traffic, public safety, and final map plans that comply with applicable codes, requirements, and design standards. The various parties need impartial counsel from registered engineers and land surveyors and quick turnaround review comments.
Development review and entitlement processing involves
working seamlessly with the public agency and developer in the preliminary planning stages to facilitate development agreements along with the review of civil engineering plans and maps for conformance with conditions of approval along with local and other applicable ordinances and standards.
All work is performed under the direction of a registered Civil Engineer. BV utilizes proven best practices, staff specialists, and comprehensive web-based tools to provide timely review, responsiveness, and accurate and detailed review comments.
Development Review and Entitlement Processing
Accurate, timely civil engineering plan and final map reviews facilitating land development projects requires a strong public- private partnership. Project momentum must be balanced with engineering, water quality, traffic, public safety, and final map plans which comply with applicable codes, requirements, and design standards. The various parties need impartial counsel from registered engineers and land surveyors with a quick turnaround of review comments. Development review and
entitlement processing involves working seamlessly with the public agency and developer in the preliminary planning stages.
This facilitates development agreements along with the review of civil engineering plans and maps for conformance including conditions of approval along with local and other applicable ordinances and standards. All work will be performed under the direction of BV’s registered Civil Engineers. BV utilizes proven best practices, staff specialists, and comprehensive web-based tools to provide timely review, responsiveness, and accurate and detailed review comments.
Flood/Floodplain Management
BV provides comprehensive review of projects proposed
within the designated floodplain. The firm will review plans for compliance with federal, state, and local adopted regulations and practices. Plan checks will consider FIRM map designations, Flood Plain Elevation Certificate review, and also consider any LOMA, LOMR, or CLOMR’s appropriately approved for the proposed project. Flood plain resistant construction will be plan checked and inspected in accordance with adopted regulations and standards as well as pertinent FEMA Technical Bulletins.
Map Review and Surveying Services
BV’s professional staff can provide comprehensive Surveyor services as required by the City:
Final Maps and Parcel Maps
Review Final Maps and Parcel Maps for conformance to the requirements of the Subdivision Map Act, the Land Surveyors Act, the City’s Municipal Code and ordinances, the approved Tentative Map, and any conditions of approval which have been set by the Planning Commission. Certify the technical accuracy of approved maps in accordance with §66442 and §66450 of the Subdivision Map Act.
Reversions to Acreage
Review Reversions to Acreage Maps prepared pursuant to
§66499.11 of the Subdivision Map Act.
Lot Line Adjustments and Parcel Mergers
Review of legal descriptions prepared to affect Lot Line Adjustments pursuant to §66412(d), and Parcel Mergers pursuant to §66451.10 of the Subdivision Map Act.
Legal Descriptions and Plats
Review and/or preparation of legal descriptions and plats for right-of-way takes, easements, or for other purposes when necessary.
Certificates of Correction
Review of proposed map amendments and Certificates of
Correction prepared pursuant to §66469 of the Subdivision Map Act.
Stormwater Compliance
A national leader in program administration services, BV offers a comprehensive solution to Stormwater NPDES compliance needs. The firm has been at the forefront of stormwater compliance understanding issues and challenges faced by agencies.
BV’s depth of in-house expertise assures no ramp up and fully-integrated programmatic solutions from developing, implementing, and coordinating the City’s overall compliance program to plan production and review, staff training, and site inspection.
As a NPDES Coordinator for various cities, BV developed a proven, programmatic approach to NPDES compliance activities.
The firm has successfully written and received approval from Regional Water Quality Control Boards (RWQCBs) for local implementation plans and represented agencies at Principal Permittee meetings to respond to questions regarding permit implementation.
Consequently, BV staff have the perspective and experience to translate RWQCB expectations for permit requirements into an efficient and manageable program. The firm’s seasoned engineering staff has prepared Stormwater Pollution Prevention Plans (SWPPPs) and Water Quality Management Plans (WQMPs, also called Stormwater Management Plans), provided plan check of SWPPP and WQMP documents, developed cost-effective Best Management Practices (BMPs), and inspected construction BMPs for municipal projects and yearly industrial/commercial facilities.
As part of this work, BV staff also prepared materials and have spoken on behalf of agencies regarding public information and
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SECTION I - EXPERIENCE
education outreach. The firm has the resources and expertise to get the job done - more quickly, cost-effectively, and accurately.
Budget Controls
Budget control is achieved by closely monitoring work
assignment labor and direct expenses. Work reports must be completed by each individual and the labor hours must be approved by the project manager before being charged to the project. Similarly, expense reports, and other direct expenses must be approved by the project manager prior to entering the cost data system. Once placed in the system, the following budget control reports will be produced by our accounting group and will be available for review by the project manager.
The Labor Report – Identifies task-specific personnel, budgeted labor hours, current week’s hours, cumulative hours expended, and remaining hours under each task.
Project Detail Report – Provides records of all direct expenses and labor cost. It also indicates the overall work assignment status, including hours and expenses budgeted, current and cumulative charges, and remaining balance.
The BV project manager will inform the designated client representative on the status of the budget, percent of budget used, and work accomplished.
SCHEDULE CONTROLS
Work assignment schedules will be managed on several levels.
The project manager will maintain regular contact with the City of Hemet manager to communicate the project status and progress on deliverables. In addition, an internal schedule including critical milestones and deliverable due dates will be established prior to initiating the task work, allowing time for editorial and technical review and changes.
ACCURATE, TIMELY AND RESPONSIVE PLAN REVIEWS
Our plan review process highlights the tools and techniques we will employ to deliver quality, accurate, timely, and responsive plan reviews:
• Reliable & Responsive Service. Our project manager, through our CARE plan review and processing program, proactive
communication, proven project management tools, and
best practices, will anticipate your needs and quickly
respond with accurate and detailed information every step of the way. We are available to meet with the City at your convenience to discuss procedures and projects to maintain momentum and schedule.
• Efficiently Meet Turnaround Review Schedule & Maintain Development Momentum. A premium will be placed on our
staff’s already well-grounded knowledge of your processes and requirements to proactively facilitate communication and processing. We will work to ensure proven quality
assurance and schedule control measures are implemented. • Maintain Accuracy & Cost Savings Through Proven
Processes & Continuity. BV is able to provide integrated, s
tandardized processes
and innovative digital,
web-based solutions
at no additional cost.
Utilized by seasoned
staff members who have
worked successfully on
plan review projects,
this helps ensure that
reviews are consistent, thorough, accurate and done right, the first time. We are able to customize our approach for the City based on your needs in order to deliver solutions with positive results.
• Customized Check Lists and Tracking Logs. A key to
maintaining close communication is the ability to give the stakeholders status updates on where their projects are in the review process. We will utilize customized check lists and tracking logs for the City of Hemet according to your needs to ensure the successful delivery of our services.
WORKLOAD AND STAFFING
Ability to Meet Workload Deadlines
BV will dedicate the necessary resources to assist the City in meeting deadlines, turnaround times and workload demands.
We propose a kickoff meeting upon contract execution to discuss workload and activity in the City. Weekly or monthly meetings will be held to determine staffing needs. One of the distinguishing factors with using BV is our ability to adjust staffing levels quickly. This means that the City will not be over-staffed which can be costly but customer service and turnaround times will not suffer. At any time our team can be adjusted to provide additional support. Our goal is to provide a high level of service while also being cost effective. We understand that our clients are budget conscious and we keep that in mind with our staffing model and flexible services.
Availability
Within the following pages are resumes which describe the qualifications of the lead staff which will be available and overseeing the delivery of Public Works Engineering Services to the City of Hemet (resumes for support staff can be made available upon request). Included in these resumes are lists of similar projects and clients the proposed personnel have completed work for in the past 10 years. Additionally, two matrices have been included which present the full project team and what scopes of work each professional will be delivering.
Each individual brings a wealth of knowledge unmatched by any other company and has been specifically chosen for their experience in performing the required scope of work detailed in the request as well as their extensive list of certifications and licenses.
Team’s Availability, Capability, and Commitment
BV recognizes the importance of conducting a project within a schedule and budget, as well as ensuring a high quality
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product and meeting, or exceeding, the expectations of the City of Hemet. The assigned project team is committed to the successful completion of the City’s projects within the schedule constraints established by the municipality. The firm’s current workload will not interfere with the completion of any project assigned by the City. The staff which have been assigned, including sub-consultants, are available to begin the work as soon as possible. No “key” person presented for this contract will be removed or replaced without prior written concurrence of the City.
Currently, BV is at 70% capacity. Any projects associated with this contract will in no way impact the firm’s current scheduling and BV doesn’t not anticipate any scheduling problems.
The firm also has the commitment and resources of its sub- consultants to draw upon to fully staff each project. Additional staff members may also be made available which are not
included in the proposed team, such a technical experts, design support, reviewers, and administrative staff. BV’s full-service, in-house project teams communicate throughout the day and evening hours via telephone, e-mail, and the latest technology sharing project information, data, drawings, specifications etc. is assigned the firm’s Project Managers will monitor the progress and address any staffing needs to the City of Hemet.
Transmittal of Plans and Correction Lists
BV assumes responsibility for the pickup and return of plans. All plans shall be picked up from the City offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pick up of plans on a consistent basis. We will also utilize shipping courier, at no additional cost to the City.
Upon completion of each plan review, we will forward a copy of the correction list to both the City and the applicant, by email.
When corrected plans are resubmitted, the previous procedure will be followed or the applicant may schedule an office visit to go over any corrections in person. When plans are completed they are stamped, signed and forwarded by BV staff. Our transmittal forms will be customized for the City of Hemet.
Quality Control
To ensure that the work assignment is being performed at the highest professional level, BV relies on the management and technical excellence of its personnel and a proven QA/QC program. This assures the quality of all the work performed under this contract meets client approval. BV has developed and implements corporate QA policies, consistent with all applicable federal and state regulatory requirements and standards, covering all aspects of project performance, technical quality, and peer review. These policies are implemented at each professional and technical level to provide a well-balanced, independent QA program, which assures the quality of reports, technical reviews, annuals and other documentation prepared by BV. This ensures that the product is consistent with the established standards from the standpoint of quality, validity, and legal defensibility.
Quality Assurance Program
At BV, we all share the responsibility for continual improvement of our quality management process and believe that our
program, supported by our BV business model and our code of ethics, will ensure the continual delivery of high quality products and services to City. Like the City of Hemet, BV believes in community health and wellness. We will establish BV as a City of Hemet preferred supplier in conformity assessment and certification services in the fields of quality assurance, health and safety, environment, and social responsibility (QHSE).
Our quality management system provides the framework for continual improvement of our internal management processes and resources which will in turn add value for City through the services offered and delivered. In addition, our quality management system gives the company and City the confidence that the provision of services and products will be delivered consistently to predetermined high standards.
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REFERENCES
BV has provided similar municipal services to nearly 200 jurisdictions throughout California since 1975. The following are select references of clients to which we have provided services over the last five years.
ENGINEERING PLAN CHECK/MAP REVIEW (2013 - PRESENT)
Orange County Public Works 601 N Ross St, Santa Ana, CA 92701 Contact: Hadi Tabatabaee PE, CBO, CGBP, CASp , Building Official Address: Phone/Email: 714.667.8843 | [email protected] CIVIL PLAN REVIEW (2022 - PRESENT)
City of Chula Vista 276 Fourth Avenue, Bldg B, Chula Vista, CA 91910 Contact: Ramon Esquer, PE, CPSWQ, QSD/QSP, Senior Civil Engineer Phone/Email: 619.476.2557 | [email protected]
CIVIL AND LANDSCAPE PLAN REVIEW (2022 - PRESENT)
City of Santa Clara 1700 Walsh Avenue, Santa Clara, CA 95050 Contact: Dave Staub, Deputy Director of Public Works
Phone/Email: 408.615.3086 | [email protected]
CIVIL PLAN REVIEW (2023 - PRESENT)
City of Hermosa Beach 1315 Valley Dr., Suite 100, Hermosa Beach, CA 90254 Contact: Michelle Licata, Associate Engineer
Phone/Email: [email protected] | 310.318.0228
BV performs review of private developer plans for major and minor subdivision map development projects to comply with OCPW standards requirements. Plan review involves grading plans, public street improvements, composite underground utility for storm drain, sewer, water plans, hydrology and hydraulics report, erosion control, storm water BMP compliance and engineer’s cost estimate.
BV conducts review of private developer plans submitted for City planning and building permit applications for Storm Water Compliance, Solid Waste and Landscape city standards requirements.
Involves Grading plans, Public street improvements, composite underground utility for storm drain, sewer, water plans, hydrology and hydraulics report, erosion control, City storm water BMP compliance and engineer’s cost estimate. BV has performed approximately 50 plan review projects for the City.
BV performs review of private development projects to comply with City of Hermosa Beach Public Works standards requirements. Plan review involves public street improvements, grading plan, composite underground utility for storm drain, sewer, water plans, hydrology and hydraulics report, erosion control, storm water BMP compliance and engineer’s cost estimate.
BV reviews private developer plans to City for permit applications for public improvement plans.
Includes grading plans, public street improvements, composite underground utility for storm drain, sewer, water plans, hydrology.hydraulics report, erosion control, storm water BMP compliance and engineer’s cost estimate. Currently plan checking 7 public improvement plans for private subdivisions.
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CALIFORNIA JURISDICTIONS SERVED
Bureau Veritas North America has served nearly 200 jurisdictions throughout California over the past 49 years.
Below is a select list of clients to which the firm has provided services.
Southern California Cities
City of Agoura Hills
City of Aliso Viejo
City of Alpine
City of Anaheim
City of Anza
City of Beverly Hills
City of Blythe
City of Brea
City of Burbank
City of Carson
City of Cathedral City
City of Chino
City of Chino Hills
City of Chula Vista
City of Commerce
City of Corona
City of Costa Mesa
City of Covina
City of Culver City
City of Desert Hot Springs
City of El Centro
City of Escondido
City of Fillmore
City of Fontana
City of Fullerton
City of Garden Grove
City of Glendale
City of Hesperia
City of Huntington Beach
City of Imperial County
City of Indio
City of Irvine
City of Irwindale
City of Jurupa Valley
City of La Mesa
City of La Quinta
City of Laguna Hills
City of Laguna Niguel
City of Lake Elsinore
City of Lancaster
City of Lawndale
City of Lompoc
City of Long Beach
City of Los Alamitos
City of Malibu
City of Manhattan Beach
City of Mojave Desert
City of Hemet
City of Murrieta
City of Needles
City of Newport Beach
City of Norco
City of Oceanside
City of Ojai
City of Ontario
City of Orange
City of Oxnard
City of Palm Desert
City of Palm Springs
City of Pico Rivera
City of Placentia
City of Pomona
City of Port Hueneme
City of Poway
City of Rancho Cordova
City of Rancho Cucamonga
City of Rancho Mirage
City of Rancho Palos Verdes
City of Rancho Santa
Margarita
City of Sacramento
City of San Bernardino
City of San Clemente
City of San Diego
City of Santa Ana
City of Santa Barbara
City of Santa Clarita
City of Santa Maria
City of Santa Monica
City of Santa Paula
City of Simi Valley
City of Solvang
City of South El Monte
City of Southgate
City of Thousand Oaks
City of Torrance
City of West Covina
City of West Hollywood
City of West Sacramento
City of Whittier
City of Ventura
City of Yorba Linda
Southern California
Counties
County of Alpine
County of Los Angeles
County of Riverside
County of San Diego
County of San Bernardino
County of San Luis Obispo
County of Santa Barbara
County of Orange
County of Riverside
County of Ventura
Northern and Central
California Cities
City of Alameda
City of American Canyon
City of Anderson
City of Atascadero
City of Bakersfield
City of Benicia
City of Brawley
City of Burlingame
City of Citrus Heights
City of Coalinga
City of Colfax
City of Dublin
City of East Palo Alto
City of Elk Grove
City of Eureka
City of Fairfield
City of Folsom
City of Galt
City of Lake County
City of Lathrop
City of Lincoln
City of Manteca
City of Menlo Park
City of Merced
City of Modesto
City of Monterey
City of Morro Bay
City of Mountain View
City of Napa
City of Newark
City of Paso Robles
City of Patterson
City of Pismo Beach
City of Pittsburg
City of Rocklin
City of Roseville
City of Sacramento
City of San Jose
City of San Luis Obispo
City of San Marcos
City of San Mateo
City of San Pablo
City of Santa Cruz
City of Santa Maria
City of Santa Rosa
City of Soledad
City of South Lake Tahoe
City of Stockton
City of Susanville
City of Taft
City of Town of Loomis
City of Tracy
City of Truckee
City of Turlock
City of Vacaville
City of Vallejo
City of West Sacramento
City of Williams
Northern and Central
California Counties
County of Fresno
County of San Luis Obipso
County of Tuolumne
County of Monterey
County of Butte
County of Calaveras
County of Marin
County of Solano
County of Stanislaus
County of Sutter
County of Yolo
SECTION I - EXPERIENCE
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14 EXECUTIVE SUMMARY
SECTION II
PERSONNEL
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TEAM INTRODUCTION
BV offers a technically qualified project team that will enhance the projects of the City of Hemet through the conscientious application of our project team management skills and quality control expertise.
There are many benefits to having a project team dedicated to completing these services, including the varying skills represented and different perspectives that each of our members of the team contribute. With our dedicated project team, the contract remains a large focus for BV so that the City’s needs and goals are met, and our team members can expertly support them. Each member of the team is a valuable part of the organization and offer a wide range of expertise. The key to building trust is getting to know each other. We have an established relationships to ensure timely requests, transparency and responsiveness.
BV is familiar with the codes, standards, and requirements, which will provide an immediate and seamless workflow. We are committed to meeting and exceeding your project objectives and goals and we will continue to perform your plan checking services for the various engineering plans, maps, and studies in the manner and time frame that has yielded accurate, timely, high quality and cost effective reviews.
The following response will illustrate that BV can be the comprehensive provider of choice for all the City’s plan check contracting needs. BV is the firm with the right skill set to provide the City with Hydrology, Hydraulic, and WQMP Services. We are the largest plan review firm in the United States, with a long- established operation in California. Our staff is registered, certified and dedicated to our municipal clients. In addition to your plan check work, BV can help with other development review tasks, such as entitlement processing and developing conditions of approval, updating and incorporating policies, procedures, guidelines, and standards. In addition to the scope or work requested in the RFQ, BV offers a wide range of engineering and other services that may be employed to suit your evolving needs.
BV will always strive to deliver excellent service, and will work hard to meet and exceed your expectations regarding agreed upon review times. Our proposed program establishes the process necessary to ensure that the City will receive only the highest quality and timely reviews. We will provide the City and its submittal applicants with clear written comments to submitted documents with the objective of verifying compliance with the City’s adopted building codes, zoning ordinances, drainage regulations and other adopted ordinances, policies and standards.
Our plan review team knows the value of clear and transparent communication and knows how to work together in conjunction with the jurisdiction. This philosophy is put into practice in all of our projects and is a great value to our municipal clients. BV’s experience, resources and knowledge enable us to provide the City with very competitive plan review fee and labor rates. Because of our extensive knowledge of the municipal project plan review we are open to renegotiating future fees for large scale projects, on a case by case basis, as determined by the City.
Moe Heivand, P .E.
Regional Operations Manager
Moe has 44 years of experience as an engineer, with nearly 30 years as a plan review engineer. He consistently provides a high level of customer service, often going above and beyond what is expected. He has worked with numerous jurisdictions and universities throughout California.
Orland Obtera, E.I. T ., L.S.I. T .
Project Manager
Orland is an accomplished project manager with more than 26 years of success across the management of civil engineering, architectural, logistics, transportation, educational and aviation industries, within various public agencies. He has extensive experience in leading projects as part of the program management team. He is thoughtful and creative in his
approach to solving clients’ challenges and works to break free from stagnation and reignite growth, leading to successful implementation. He believes in finding solutions to project challenges, providing added value to the project team. His approach is to work as an extension of the clients’ staff. He wants people and projects to succeed, understanding their success is his success.
As a result of our exceptional attention to customer service, large pool of experienced personnel and ability to provide value-added services like electronic plan review, BV is the right choice for meeting the City’s Hydrology, Hydraulic, and WQMP needs. By selecting BV, the City can be assured that their chosen firm is able to supply superior service. Our #1 goal is to meet and exceed the service levels required by our clients. We are committed to providing staff continuity, close communication, immediate accessibility to staff and information, implementation of best practices and pro-actively solve issues not clearly identified in the code. BV will pro-actively ensure exceptional customer service, balance development momentum with code compliance/
processing requirements and seamlessly serve as an extension of your staff.
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SECTION II - PERSONNEL
ORGANIZATIONAL CHART AND RESUMES FOR KEY STAFF
BV has assembled a team of experts who are equipped to deliver exemplary deliverables associated with the provision of Hydrology, Hydraulic, and WQMP Services to the City of Hemet. Each individual brings a wealth of expertise and has been specifically chosen for their experience in performing the required scope of work detailed in the request, as well as their extensive list of certifications and licenses. The organizational chart below depicts lines of communication and areas of work for each professional. Additionally, resumes for proposed team members are included on the following pages.
LEADERSHIP TEAM
Craig Baptista, M.B.A.
Vice President - West, Plan Check & Inspection
Moe Heivand, P .E.
Lead Civil Engineer / Regional Operations Manager
Orland Obtera, E.I. T ., L.S.I. T .
Project Manager
CIVIL PROJECT TEAM
PLAN REVIEW ENGINEERS
Matthew Addington, P .E., PLS, QSD/P
Brian Reed, P .E.
Craig Hamner, PE
Benjamin De La Cruz, P .E.
Carol Dugas, P .E.
Michael Hill, S.E.
Morteza Beheshti, P .E.
Monte Bowers, P .E.
Bill Bixby, P .E.
Troy Schmidt, S.E.
Ho Jun Kong, P .E., C.A.Sp.
Jee Choy, PE
Wendy Haggard, PE
John Che, P .E., QSD/P
Ibrahim Hzayen, PE, QSD/P
Henry Hadidi, PhD, SE
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EDUCATION
M.B.A.
B.S., Business Management
REGISTRATIONS/CERTIFICATIONS
Six Sigma Green Belt Certified
OSHA 30
United States Navy: Honorable
Discharge
TOTAL YEARS OF EXPERIENCE
20+
Manuel “Craig” Baptista
Vice President - West, Plan Check & Inspection
Prior to joining Bureau Veritas, Craig served as Director of Operations and is a business professional experienced in leading multiple branch offices in various states. Craig has over 20 years of experience in the construction industry. He is results-oriented and has exceptional experience building and managing successful programs and relationships. He is a skilled communicator capable of articulating complex ideas in a concise and persuasive manner. Craig has proven experience as a facilitator of solutions for client problems and is a strategic thinker with the ability to translate vision into tactics. He is self-motivated, passionate and resourceful.
Craig has expertise identifying client needs and is able to execute problems quickly by utilizing his professional business management skills. He is equally effective working independently or collaborating with others.
SELECT PROJECT EXPERIENCE
Craig has managed various projects as Director of Operations and successfully reduced operating expenses by 18% through implementation of a preventative maintenance program and establishment of a baseline repair cost matrix. He provided leadership, mentoring, direction and training for a 35 member Operations team that included Branch Managers, Project Managers, and other staff. He developed annual business plans, market strategies, operations and sales goals which resulted in year over year growth. Craig has worked on various significant projects, including, but not limited to:
▪ Apple Campus II in Cupertino, CA
▪ Cal Trans - Bay Bridge Project in Oakland, CA
▪ Tesla Gigafactory in Sparks, NV
▪ Souza Construction - Lemoore Naval Air Station Project in Fresno, CA ▪ Advance Range Solution - Fort Hunter Liggett in Jolon, CA ▪ Hensel Phelps - Mule Creek Prison in Ione, CA
▪ Vice President, West Region
Bureau Veritas North America, Inc.
2015 - Present
Serves as Vice President for the West Coast code compliance division. Manages over 50 employees throughout California, Arizona, Nevada, Washington, and Utah. Oversees plan review and inspection activities to ensure BV has ample resources to meet turnaround times and provide quick response to inspection requests. Works directly with plan review team to gain efficiencies in turnaround times. Effectively reduced the number of reviews by promoting direct contact with designers and municipalities to remedy code deficiencies during the first and second reviews, allowing our team to approve projects during the second submittal phase.
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EDUCATION
B.S. Civil Engineer
LICENSES/CERTIFICATIONS
Registered Professional Engineer:
CA, # 38227
GA, #PE041147
ICC Certified:
Building Plans Examiner
PROFESSIONAL AFFILIATIONS
International Code Council (ICC)
TOTAL YEARS OF EXPERIENCE
44+
Mohammad Heivand, P .E.
Regional Manager / Plan Review Engineer
Mohammad has 44 years of experience as an engineer, with nearly 30 years as a plan review engineer. He consistently provides a high level of customer service, often going above and beyond what is expected. Has extensive experience with OSHPD 3 clinics in the City of San Diego.
SELECT PROJECT EXPERIENCE:
Regional Manager / Plan Review Engineer
Bureau Veritas North America, Inc.
2014 - Present
Ensures satisfactory reviews plans for jurisdictions throughout California and Nevada. Conducts reviews for the Cities of Corona, Rancho Cucamonga, Costa Mesa, and others. Reviews commercial and residential projects of all sizes and complexities. Specific assignments include:
City of Anaheim
Conducts in house and outside plan review services for the City. Projects vary in size and include single family residences and high rise hotels. Assists the City with over the counter reviews when necessary. Oversees workload of other BVNA staff performing reviews for the City and ensures turnaround times are met. Maintains 100% accuracy with meeting turnaround times.
City of Santa Barbara
Performs outside plan review services for residential and commercial projects for the City of Santa Barbara. Works with BVNA’s plan review team to review projects on time. Maintains 100% accuracy with meeting turnaround times.
City of Agoura Hills
Performs plan review services on an as-needed basis for the City of Agoura Hills. Plans reviewed are returned to the City and applicant on time.
Provisional Associate Structural Engineer
Development Services Department
City of San Diego
2012 - 2014
Associate Structural Engineer
Development Services Department
City of San Diego
1985 - 2012
Reviewed proposed commercial and residential building designs to ensure compliance with legal requirements pertaining to structural strength, sound insulation, fire resistance, life safety, green code and disable access. This included tenant improvements for large-scale commercial buildings to ensure compliance with applicable codes. Reviewed all OSHPD 3 projects for various projects throughout the City in accordance with the California Building Code Section 1226 requirements for OSHPD 3 clinics.
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Orland Obtera, EIT , LSIT
Civil Plan Engineer
Orland is an accomplished project manager with more than 26 years of success across the management of civil engineering, architectural, logistics, transportation, educational and aviation industries, within various public agencies. He has extensive experience in leading projects as part of the program management team. He is thoughtful and creative in his approach to solving clients’ challenges and works to break free from stagnation and reignite growth, leading to successful implementation. He believes in finding solutions to project challenges, providing added value to the project team. His approach is to work as an extension of the clients’ staff. He wants people and projects to succeed, understanding their success is his success. He is currently serving as civil project manager with the design build team for the Los Angeles Metro Center Street Project.
SELECT PROJECT EXPERIENCE:
Civil Project Manager
Los Angeles County Metropolitan Transportation Authority (Metro) Center Street Project Design Build
Currently providing civil engineering for the single-story, 26,000 sq. ft, $100M essential facility with three floors of enclosed space built over at least 91 at-grade parking spaces that will house Metro’s new Emergency Operations Center (EOC) and Security Operations Center (SOC) while accommodating a 50-year expansion within the allocated project budget. Civil engineering services include storm drain design, sewer design, water system design and street improvements.
Project Manager/Scheduler
San Diego Unified School District (SDUSD) Grant K8 Field and Room Alterations Mann Middle School Planning and Site Modernization Phase I, TRACE Relocatables, Grant K8 Security Fencing
Prepared weekly updates using Microsoft Projects of project schedule for reports to management and sponsors.
The following projects were completed prior to joining the Owen team:
▪ OCTA/SR 57 Expansion Project
▪ South Mission Valley Trunk Sewer
▪ Imperial Beach Yard Improvement
▪ Wawona Tunnel Utility Improvement
▪ Mohler Loop Electrical Improvements
▪ Summit Sewer Study
▪ Rainbow Water District Sewer Study
▪ Concrete Pads, China Lake
▪ Camp Wilson Lift Station and Wastewater Pipeline
▪ Area 25 Water Pipeline Replacement at MCB Camp Pendleton ▪ 29 Palms Force Main Sharp Substation Oil Containment Project
EDUCATION
B.S., Civil Engineering
LICENSES/CERTIFICATIONS
CA Engineer-in-Training, 113805
CA Land Surveyor-in-Training, 6100
OSHA 30 Hour Certificate
PROFESSIONAL AFFILIATIONS
Occupational Safety and Health
Administration(OSHA)
CA Board of Professional Engineers
TOTAL YEARS OF EXPERIENCE
26+
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Matthew Addington, P .E., PLS, QSD/P
Civil Engineer / Land Surveyor
Matthew has more than 21 years of experience as a civil engineer. With more than a decade of experience with the City of Rancho Cucamonga, Matthew has also gained project management experience with several private sector firms throughout his career. He is a certified Civil Engineer and Land Surveyor with strong knowledge and experience working in California.
He is active in his professional continuing education and has taken courses including, but not limited to, Project Managers Boot Camp (PSMJ), Marketing Boot Camp (PSMJ), Future Leaders Seminar by CELSOC, Certificate in Project Management (University of California, Riverside Extension), and Building Plans Examiner (ICC). His civic activities include:
▪ Commissioner, Community Services Commission, City of Calimesa ▪ Secretary
▪ Past Vice-Chair, Planning Commission, City of Grand Terrace ▪ Past President, American Society of Civil Engineers, Riverside-San Bernardino Branch ▪ Past Banker/Treasurer, Plunge Creek Cowboys
▪ Past Board Member, Saint Francis de Sales School, Riverside ▪ Past Vice President, Grand Terrace Lions Club
▪ Past President, Grand Terrace Area Chamber of Commerce ▪ Past President, Grand Terrace Toastmasters
▪ Past Director, The Leadership Connections, Upland
▪ Past State Director, Consulting Engineers and Land Surveyors of California
SELECT PROJECT EXPERIENCE
Civil Plan Review Engineer
Bureau Veritas North America, Inc.
2017 - present
Performs all civil, grading, WQMP , NPDES, stormwater management plan reviews, mapping reviews, street improvement plan checks for code compliance.
Associate Engineer, Grading Acting City Land Surveyor
City of Rancho Cucamonga
2007 - 2017
Worked with the Building and Safety & Engineering Services Departments by providing civil engineering and land surveyor services.
Project Manager
Private Sector
2005 - 2007
Located in Rancho Cucamonga, led project teams and managed service workload associated with engineering and land surveying.
EDUCATION
B.S., Civil Engineering
LICENSES/CERTIFICATIONS
Registered Professional Engineer:
CA, #C43770
California Professional Land
Surveyor
California WQCB QSD/QSP
California WQCB QSD/QSP
ICC Certified:
Building Official
PROFESSIONAL AFFILIATIONS
Past President and State Director of
the CELSOC Riverside-San Bernardino
Chapter
Past President of the Riverside/San
Bernardino Branch of American
Society of Civil Engineers
Past Vice-Chairman and Planning
Commissioner of the City of Grand
Terrace Planning Commission
TOTAL YEARS OF EXPERIENCE
21+
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21 BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
SECTION II - PERSONNEL
Benjamin De La Cruz, P .E., QSD
Civil Plan Review Engineer
Benjamin has over 28 years of experience in civil engineering design and project management.
Hi project management experience includes overseeing building construction, quality control, inspection, and overall project cost estimates. Civil engineering design experience includes grading plans for sewers, water and storm drains, erosion control plans, site dimension control (horizontal and vertical control measurements) and standard urban stormwater mitigation plan and low impact development.
SELECT PROJECT EXPERIENCE:
Civil Engineer
Bureau Veritas North America, Inc.
Licensed professional Civil Engineer in the state of California. Plays a crucial role in creating designs and analyzing data which maintains and protects the environment to make it habitable and conducive to economic and social activities. Design capacities include, but are not limited to, storm drain design, sewer design, water system design, street improvements, ADA and accessibility design (sidewalks, intersections, curb, ramps, etc.), and public works capital improvement projects. Prepares designs by collecting and studying reports, maps, drawings, blueprints, photographs, and tests on soil composition, terrain, hydrological characteristics, and related topographical and geologic data. Creates feasibility studies by analyzing designs, conducting environmental impact studies, and assembling data. Proficient in CAD and AutoCAD.
Collaborates with architects to ensure construction work is effectively carried out. Interfaces with various stakeholders on a regular basis to resolve issues. Maintains cost and scheduling controls and creates and monitors project timelines. Maintains regular communication with the client to ensure needs are established and met.
Civil Engineer
Los Angeles County Metropolitan Transportation Authority (Metro) Center Street Project Design Build
Civil engineering for the single-story, 26,000 sq. ft, $100M essential facility with three floors of enclosed space built over at least 91 at-grade parking spaces that will house Metro’s new Emergency Operations Center (EOC) and Security Operations Center (SOC) while accommodating a 50-year expansion within the allocated project budget. Civil engineering services include storm drain design, sewer design, water system design and street improvements.
Waterlines from Grand Ave to Lincoln Ave
Public Works
Corona, CA
Limonite Pearl Community
Jurupa, CA
Arantine Hills Sewer Force Main
Public Works
Corona, CA
EDUCATION
B.S., Civil Engineering
LICENSES/CERTIFICATIONS
Registered Professional Engineer:
CA, #58892
PROFESSIONAL AFFILIATIONS
CA Board of Professional Engineers
TOTAL YEARS OF EXPERIENCE
28+
16.E
22 BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
SECTION II - PERSONNEL
Michael Hill, S.E.
Structural Plan Review Engineer
Michael is a results-driven professional engineer with 20+ years of experience in construction and engineering. He has designed structures for numerous projects and has extensive experience in working with architects and engineers for residential, commercial, and industrial buildings, as well as miscellaneous support structures, concrete foundations, seismic restraints, and retrofi ting existing structures. He has code compliance experience with current CBC, IBC, ASCE, AISC, and ACI codes and seismic provisions.
Michael’s background includes preparing structural calculations and construction documents, client and contractor coordination, submittal reviews, and structural observations. He has structural design experience in various material designs such as steel, concrete, masonry, and wood. His expertise includes structural engineering, contracts and proposals, general construction, project management, and client relations.
SELECT PROJECT EXPERIENCE:
Plan Check Engineer
Bureau Veritas North America, Inc.
2016 - Present
Provides plan check and code consultation services on projects of varying scopes and sizes for Southern California jurisdictions. Assignments include:
▪ San Diego State University: Conducts foundation only plan review for the Engineering & Interdisciplinary Science Complex (5-story instructional building).
Responsible for full plan review services for the South Campus Plaza (housing for up to 600 students and 34,000 square feet of retail development). ▪ City of Anaheim: Conducts in house and outside plan review services for the City. Projects vary in size and include single family residences and high rise hotels. Assists the City with over the counter reviews when necessary. Oversees workload of other BV staff performing reviews for the City and ensures turnaround times are met. Maintains 100% accuracy with meeting turnaround times. ▪ City of La Mesa: Provides as needed plan review services for commercial and residential projects.
Associate Structural Engineer
San Diego Development Services
2014 - 2017
Reviewed and evaluated architectural and structural construction documents submitted for approval utilizing applicable codes, standards, guidelines, laws, appropriate municipal ordinances, as well as construction and engineering standards. Determined review fees and authorized the release of approved documents for city permits. Checked engineering calculations and provided timely oral and written communication detailing any design or construction defi ciencies in plans and specifi cations. Interacted with the public, professional design consultants, project managers, and contractors, to communicate permit application procedures as well as regulatory and code requirements. Participated in recommending and establishing policies, procedures, standards, guidelines, and specifi cations. Evaluated the effectiveness of existing methods, policies, and procedures in order to propose local and national model code modifi cations and issues.
EDUCATION
MSCE Structural Engineering
B.S., Architectural (Structural)
Engineering
A.A., Mathematics
LICENSES/CERTIFICATIONS
Registered Civil Engineer:
CA, #66303
Registered Structural Engineer:
CA, #5992
ICC Certified:
Building Plans Examiner
PROFESSIONAL AFFILIATIONS
International Code Council (ICC)
CA Board of Professional Engineers
TOTAL YEARS OF EXPERIENCE
26+
16.E
23 BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
SECTION II - PERSONNEL
Brian Reed, P .E.
Civil Engineer
Brian has over 26 years of experience in civil engineering design and project management. His project management experience includes overseeing building construction, quality control, in- spection, and overall project cost estimates. Civil engineering design experience includes grading plans for sewers, water and storm drains, erosion control plans, site dimension control (horizontal and vertical control measurements) and standard urban stormwater mitigation plan and low impact development.
SELECT EXPERIENCE
Civil Plan Review Engineer
Bureau Veritas North America, Inc.
2023 - Present
Provides specialized civil engineering service, engineering plan review, construction inspection, and construction management services for jurisdictions and projects throughout California.
Engineering Manager
City of Folsom
2022- 2023
Manage Capital Improvement Program, 1-year and 5-year CIP’s. Training of Staff for Project Administration, Office Administration, and Federal Project Management.
Coordinate Public Works Agreements with Sacramento County and other adjacent Agencies (Bureau of Reclamation, El Dorado County, Southeast Connector Joint Powers Authority, Caltrans, and Sacramento Area Council of Governments-SACOG). Assist other Departments with project Procurement including RFP’s, Bidding and Management: Fire Department (Fire Station No. 34, Fire Station No. 36 Roof; Police Department (Police Station Renovation and Expansion, Kitchen Renovation); Community Development Department (Permit Center Renovation).
Senior Civil Engineer
Public Works Department
2016-2021
Manage the funding, design and construction of Federally and Locally Funded Capital Improvement Projects. Projects include Green Valley Road Improvement Project, Southeast Connector Segment D3(A), Scott Road Realignment and various roadway/ drainage and traffic signal projects. Assist other City Departments as Project Engineer/ Manager for Fire Station’s 34 Design, 36 Roof Replacement, 38 Rehabilitation, 39 Construction, Police Station Rehabilitation and Police Station Kitchen Rehabilitation.
Associate Civil Engineer
Public Works Department
2010- 2016
Completed Streetscape after dissolution of Redevelopment Agency in 2012. Bid and completed Federally funded projects, Folsom Boulevard Resurfacing, Rainbow Bridge Maintenance Project, and Orangevale Ave. Bridge Rehabilitation Project.
Associate Civil Engineer
Redevelopment Agency
2007-2010
Managed design, bidding, and construction of Historic Folsom Streetscape. Managed design and bidding of Historic Folsom Plaza. Managed design, bidding and construction of Folsom Wayfinding Sign Project.
EDUCATION
B.S. Civil Engineering
REGISTRATIONS/
CERTIFICATIONS
Registered Professional
Engineer:
CA, #C67988
PROFESSIONAL
AFFILIATIONS
International Code Council
(ICC)
APWA Engineering Manager of
the Year 2023
TOTAL YEARS OF EXPERIENCE
26+
16.E
24 BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
SECTION II - PERSONNEL
EDUCATION
B.S., Civil Engineering
LICENSES/ CERTIFICATIONS
Professional Civil Engineer in
California –#C 48924
Professional Civil Engineer in
Idaho # P-21919
Professional Civil Engineer in
Arizona – #27544
QSP/QSD certification in CA.–
CASQUA - #00284
PROFESSIONAL
AFFILIATIONS
American Society Of Civil
Engineers
TOTAL YEARS OF EXPERIENCE
31+
Carol Dugas, P .E.
Civil Plan Review Engineer
Carol has over 31 years of project management in Planning and Economic Development and Public Works Departments as well as in Private consulting; including planning, plan check services, designing and project permitting; directing the construction plan development and approval process for multiple residential, industrial and commercial projects, including roads, grading, hydrology and or utility extensions or services.
SELECT PROJECT EXPERIENCE:
Plan Review Engineer
Bureau Veritas North America, Inc.
2023 - Present
Provides plan review services for projects such as residential, commercial, industrial, infrastructure, development, grading, etc.
Supervising Civil Engineer
City of Santa Rosa
2020 - 2023
Supervision of 2 staff engineers in the Engineering Services Department for Project Land development in the entitlement section. Provided support in the selection during the Hiring process, wrote Yearly Performance reviews, lead in distribution of daily work load to staff, reviewed staff developed engineering documents and other management activities of staff. Involved and supervised the updating of City Development and construction standards.
Associate Civil Engineer
City of Santa Rosa
2015 - 2020
Reviewed new development plans and writing Issues letters and/or Conditions of Approval for Engineering Development Services (EDS). Conditions include utilities, entitlements for easements and Right of Way; Coordination for Transit, Recreation and Parks, and Traffic/Transportation conditions; attended DART and ART meetings with the applicants and other city departments to review pending development proposals; coordination with Fire Department; Building Department; Transportation and Utilities.
Associate Civil Engineer
City of Alameda, CA
2013 - 2015
Served in Capital Project Management including RFP’s, RFI’s, field inspections, approving consultants request for Payments, managing consultants in design and specifications, plan review, specifications review, worked with City inspectors, contractors and property owners. Lead engineer for sewer relocation project for 30 homes.
Senior Civil Engineer
Waterfront Engineering Consulting Civil Engineers
2002 - 2012
Designed and prepared engineering designs, plans, drawings, specifications, and cost estimates. Check design calculations of designers and other engineers within the team. Lead design reviews, risk assessments from technical standpoint. Prepared preliminary design studies. Preparation of technical plans and specifications in
16.E
BUREAU VERITAS 220 Technology Drive, Suite 100, Irvine, CA 92618 P 916.514.4516 | www.bvna.com
25 PROFESSIONAL TEAM ASSIGNMENTS
SECTION III
FEE SCHEDULE
16.E
26 BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
SECTION III - FEE SCHEDULE
FEE SCHEDULE - CITY OF HEMET
HYDROLOGY , HYDRAULIC, AND WATER QUALITY MANAGEMENT PLAN PREPARATION AND PLAN CHECKS
The fee schedule has been submitted as a separate Cost File uploaded to PlanetBids.
16.E
Proposal for:
ON CALL SERVICES FOR HYDROLOGY,
HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION
AND PLAN CHECKS
Submitted To:
CITY OF HEMET
SUBMITTED VIA PLANET BIDS
Attn: Candace Sunds
445 E. Florida Ave
Hemet, California 92543
Submittal Date:
February 8, 2024
Submitted By:
CASC ENGINEERING
AND CONSULTING, INC.
Michael Gentile, P.E., QSD
Senior Engineer
1470 E. Cooley Drive
Colton, CA 92324
[email protected]
C: 909.809.0035
www.cascinc.com
16.E
1470 E. Cooley Drive
Colton, CA 92324
(909) 783-0101
www.cascinc.com
2024-0057 aw
April 8, 2024
City of Hemet
ATTN: Candace Sunds
445 E. Florida Ave
Hemet, CA 92543
Submitted Via Planetbids
PROPOSAL FOR: ON -CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY MANAGEMENT PLAN
PREPARATIONS AND PLAN CHECKS
Dear Ms. Sunds,
Casc Engineering and Consulting , Inc. (Casc) appreciates the opportunity to submit our proposal to provide On-Call services for Hydrology, Hydraulic, and Water Quality Management Plan Preparation and Plan Checks for the City of Hemet. The enclosed proposal highlights Casc’s experience and esteemed project team we will provide to the City.
Casc is a mid-sized firm that was established in 1993 to provide professional consulting services to a variety of industry sectors. We pride ourselves on combining the personal touch of a small firm with the stability of the large publicly - traded consulting companies. Since 1998, Casc has been ranked by the Inland Empire Business Press as one of the top five Inland Empire consulting firms (based on local area gross revenues). We currently employ over 70 professionals, working from five Southern California offices, including Colton (Corpora te), Temecula, Irvin e, Glendora, and Palm Desert.
Casc has provided municipal services to well over 50 governmental agencies in California, including plan checking services for Riverside County Transportation, City of Temecula, City of Moreno Valley, and others. Within our proposal package, you will find project experiences, samples, and references that highlight Casc’s ability to perform the services named in the RFP ’s scope of work . The Casc team includes surveying (in -house) and geotechnical engineering and consulting by LOR Geotechnical.
Ultimately, the success of any project comes down to the people involved, and CASC is proposing a technically seasoned team committed to serve the City of Hemet. The Project Manager and main Point-of-Contact will be Michael Gentile, who has more than 30 years of professional experience and is currently the Project Manager for Casc’s WQMP, Hydrology, and Hydraulic review services throughout Riverside County.
We look forward to working with City of Hemet. Please do not hesitate to call or email me if you have any questions, (909) 809-0035 or [email protected].
REQUIRED STATEMENTS:
This proposal is valid for no less than 3 months.
Casc accepts and meets Insurance Coverage Requirements and agrees to submit COI upon recommendation of award.
A. COVER LETTER
16.E
1470 E. Cooley Drive
Colton, CA 92324
(909) 783-0101
www.cascinc.com
2024-0057 aw
Sincerely,
CASC ENGINEERING AND CONSULTING, INC. CASC ENGINEERING AND CONSULTING, INC.
Micheal Gentile, P.E., QSD Rick Sidor, P.E.
Senior Engineer President
Main Contact Authorized to Bind Firm
1470 E. Cooley Dr. 1470 E. Cooley Drive
Colton, CA 92324 Colton, CA 92324
(909) 809-0035 [email protected] [email protected]
B. CONTRACT EXCLUSIONS:
SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected approved by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, adm inistrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly , in whole or in part, by the negligence or willful misconduc t during the performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
SECTION I—EXPERIENCE
COMPANY BACKGROUND
Casc Engineering and Consulting, Inc. (Casc), a California S corporation, was established in 1993 (31 years ago) to provide professional consulting services to a variety of industry sectors. With over 75 professionals currently operating out of five offices in Southern California, with the majority of our staff living in San Bernardino and Riverside Counties. Casc was formed to provide professional consulting services to a variety of industry sectors, including: city, county, and state government agencies; pubic and private utilities; districts, including flood control districts, special districts and school districts; private enterprise; and industry.
AUTHORIZED REPRESENTATIVES
STABILITY
CASC is a mid-sized consulting firm that combines the personal touch of a small firm, with the stability of the large publicly -traded consulting conglomerates. Our entrepreneurial spirit and commitment to innovation have allowed us to maintain a competitive cost structure, and offer superior services managed by our talented local labor force. Our diverse portfolio of services offered has allowed us to maintain stability even through rough economic conditions. Our multi ‐year, multi‐ million dollar contracts with Caltrans, and Southern California Edison, among others, demonstrates our ability to weather past recessions and to see your projects through to completion. For nearly 30 years, CASC has supported government agencies in Inland Southern California.
LOCAL FIRM - LOCAL FUNDS
With our corporate office located in Colton, we will provide the City with efficient support services, eliminating the extra travel time and logistical challenges associated with Los Angeles and Orange County consultants. We will utilize top -notch local labor whose families live, work, play, and go to school in the region, ensuring that the project funds are circulated and re -circulated in the area. According to Inland Empire economist, John Husing, “a dollar earned by a worker turns over seven times before it leaves town”, which means that every $50,000 in services provided by CASC will provide a $350,000 boost to the local economy.
Key Staff Member Role Certifications Years of
Experience Contact Information
Richard J. Sidor President PE, QSD 40+
(909) 835-7145
1470 E. Cooley Drive
Colton, CA 92324
[email protected]
Anthony Mistretta Vice President PE, QSD 20+
(909) 677-0854
1470 E. Cooley Drive
Colton, CA 92324
[email protected]
Michelle E. Furlong Secretary/Treasurer N/A 25+
(951) 312-7641
1470 E. Cooley Drive
Colton, CA 92324
[email protected]
Work will be performed from our
Corporate Office located in Colton, CA
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
Civil engineering services have been a part of Casc since its founding in 1993. Casc has prepared contract documents for public works construction for numerous agencies for the past thirty years. Recent projects are detailed in the next sec- tion. Other services include providing development engineering plan checks, map checking, and professional survey ser- vices. Our municipal services have been provided to more than 50 governmental agencies in California.
SUBCONSULTANT PROFILES
LOR GEOTECHNICAL GROUP , INC. (LOR) -GEOTECHNICAL SUPPORT LOR Geotechnical Group is a Certified Small Business (SBE), and a multi -disciplined geotechnical engineering and con- sulting firm providing sound solutions and innovative strategies in the geotechnical engineering, geologic, environmental, and special inspection fields.
Mr. Leuer has over 35 years of professional experience in the geotechnical and civil engineering field. Mr. Leuer has devel- oped an extensive knowledge of the many geotechnical considerations involved in construction in the southern California area. Mr. Leuer is highly experienced in all aspects of soil and foundation engineering for a wide variety of projects rang- ing from multi -story commercial and industrial structures to several thousand acre planned community developments.
Mr. Leuer has substantial experience coordinating projects for many City, County, and State agencies as well as in the public sector, gaining a reputation for being responsive to clients needs while providing strong technical expertise.
LOR Geotechnical Group is a Certified Small Business (SBE), and a multi -disciplined geotechnical engineering and con- sulting firm providing sound solutions and innovative strategies in the geotechnical engineering, geologic, environmental, and special inspection fields for our clients since 1988. LOR has extensive experience in providing our services to munici- pal agencies, including the Public Works, Special Districts, and Capital Projects Departments of the Cities of Riverside, San Bernardino, La Quinta, Indio, Moreno Valley, Big Bear Lake, Canyon Lake, Garden Grove, Hesperia, Perris, San Jacinto, Yorba Linda, Yucaipa, Santa Monica, and the Counties of San Bernardino and Riverside.
LOR has provided geotechnical services for thousands of projects in and around southern California. Our services utilize the latest codes and guidelines, current industry standards, and our vast experience to provide sound geotechnical ser- vices and reports. With having performed over three thousand geotechnical investigations throughout the Inland Empire, this firm has gained extensive knowledge of the regional and local geologic and geotechnical conditions of the surounding areas.
Agency Requested Services Provided Durations
City of Highland WQMP Plan Check, NPDES Consulting 15+ Years City of Moreno Valley WQMP Plan Check 15+ Years
City of Montclair WQMP Plan Check 15+ Years
City of Pomona WQMP Plan Check, NPDES Consulting 3+ Years City of Temecula WQMP Plan Check, NPDES Consulting 4+ Years Riverside County Transportation WQMP Plan Check, Hydrology/Hydraulics Report Plan Check, Grading Plan Check 10+ Years
PROVEN LOCAL EXPERIENCE IN REQUESTED SERVICES
CASC has been providing plan checking services to local agencies for many years. The table below summarizes Casc ’s ex- perience. Further details are in the next section.
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
RESPONSIVENESS
Casc has earned its reputation as a leader in review services in part due to our ability to respond to our client ’s schedule demands. Turn -around times may vary by agency, but all applicants want their reviews done yesterday. While Casc is unable to turn back time, we do have a proven track record of meeting or beating established and expedited review deadlines. Casc has performed many expedited reviews at the request of our clients without sacrificing our ability to meet our other deadlines. Casc will work with the City of Hemet to establish expected turnaround times, adjust resources as necessary depending on demand, and respond promptly to expedited review requests should the need arise.
The best testimony to the quality of Casc ’s services and our responsiveness is demonstrated by what our current and past clients say about our work and by our renewal of annual contracts. Our on -going work for organizations such as the County of Riverside Transportation Department, City of Montclair, City of Redlands, City of Highland, and the California Department of Transportation, illustrates our commitment and expertise.
WHY CASC FOR YOUR WQMP , HYDROLOGY ,AND HYDRAULIC REPORT PLAN CHECK SERVICES CONSULTANT? CASC is well-known among the Santa Ana River (SAR), Santa Margarita (SMR), and Whitewater River (WWR) Watersheds ’ Co-Permittees as a strong input provider on MS4 Permit requirements related to WQMPs. This is due to CASC ’s on-going participation in Technical Advisory Committee meetings, providing Co -Permittee training on behalf of Riverside County Flood Control and Water Conservation District, providing input and review services as a participant on the Lake Elsinore/ Canyon Lake TMDL Task Force, participating as a member of the SAR/SMR Development Committee, and staying involved with organizations at the forefront of water quality, such as CASQA.
CASC is currently providing the County of Riverside Transportation Department with NPDES assistance and WQMP review, hydrology report review, and engineering plan check services, and is currently performing similar plan check services in the Riverside County cities of Temecula, and Moreno Valley, and for the County of Riverside Economic Development Agency. WQMP review and/or plan check services are also currently provided to the cities of Highland, Montclair, Redlands, and the San Bernardino Municipal Water Department.
WHY CASC FOR WQMP , HYDRAULIC/HYDROLOGY REPORT , AND DRAINAGE FACILITY DESIGN AND PLAN PREPARATION? Drainage design and stormwater management has been part of Casc ’s DNA from the start. Our engineering team is highly skilled and experienced in preparing drainage reports (hydrology and hydraulics) to support drainage infrastructure design for a variety of private and public sector clients. Casc also understands the need for plans and specifications to complement, not conflict, with each other. Casc ’s attention to detail and comprehensive approach to design results in contract documents that are clear and concise, with the goal of reducing change order requests by the contractor.
The Casc team also brings the City of Hemet hands -on experience in the design, construction, and evaluation of the types of BMPs included in WQMPs. The combination of professional, technical, academic, and hands -on experience means Casc staff are uniquely qualified to create solutions for adverse field conditions and project challenges related to drainage design and stormwater management. Reports prepared by Casc in support of these solutions fully describe the design parameters and calculations involved so that City staff can support the final design with a clear understanding of how it was reached, and how the project is in compliance with current standards.
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
SECTION I—EXPERIENCE—RELEVANT PROJECT EXPERIENCE, WITH REFERENCES
WQMP PLAN CHECKING AND HYDROLOGY REPORT REVIEWS
Client: County of Riverside, Transportation Department
Client Reference: Benji Cho, Senior Civil Engineer
(951) 955-6736, [email protected]
CASC is currently providing plan check services to the
County of Riverside ’s Transportation & Land Management Agency. CASC is responsible for reviewing and
recommending approval of both hydrology studies and
WQMPs submitted to the County. Hydrology plan check
services are provided for the county ’s area outside of Flood Control District ’s jurisdiction and involves providing recommended flood control related conditions for approval for new developments, and checking flood control
improvements for compliance with flood control conditions.
WQMP plan check services are performed in accordance
with requirements adopted by the County in response to
provisions of the County ’s three area -wide municipal
NPDES storm water permits covering the Santa Ana River Watershed, the Santa Margarita River Watershed and the Whitewater River Watershed.
During the WQMP plan checking process, a checklist is utilized to differentiate between the Preliminary and Final requirements to obtain a recommendation for approval. For both hydrology and WQMP plan check reviews, redline documents are provided and a digital comment matrix is prepared and submitted to the County upon completion of each review. CASC provides the County with weekly plan check review status updates via a spreadsheet.
NPDES SERVICES INCLUDING WQMP REVIEWS FOR PUBLIC WORKS AND PRIVATE
DEVELOPMENT PROJECTS
Client: City of Temecula
Client Reference: Annie Bostre-Le, Public Works Stormwater Manager (951) 693-3980, [email protected]
CASC assists the City of Temecula maintain compliance with Its MS4 National Pollutant Discharge Elimination System (NPDES) Storm Water Permit MS4 Permit. As such, the services are provided as required by the MS4 Permit and in accordance with City of Temecula policies and practices. Services include:
• Water Quality Management Plan {WQMP) Plan Checking for Municipal and Private Projects • Erosion and Sediment Control Plan Checking for Municipal and Private Projects • Post- Construction WQMP Inspections
• Commercial and Industrial Facility Inspections
• Construction Inspections
• Illegal Discharge/ Connection Survey
• Municipal Separate Storm Sewer System (MS4) Outlet Survey • Serves as the City Public Works/CIP Division’s point of contact with the Regional Board • Other Services as Identified and Authorized
Dual Use Bioretention. Project in the Santa Ana
Watershed with WQMP Plan Checking by CASC.
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
WQMP PLAN CHECKING SERVICES
Client: City of Moreno Valley
Client Reference: Rae Beimer, Stormwater Program Manager (951) 413-3497
CASC is currently providing WQMP plan check services to the City. CASC is responsible for reviewing and recommending approval of WQMPs submitted to the City in accordance with requirements adopted by the City, in response to provisions of the area -wide municipal NPDES storm water permit and the “Water Quality Management Plan, A Guidance Document for the Santa Ana Region of Riverside County. ” During the plan checking process a WQMP checklist is utilized, in combination with redline comments. CASC provides weekly status updates of WQMPs that are in review, and works with city staff to facilitate resolution of constraint issues that require interpretation so that projects are consistent with City standards and permit requirements.
CASC has provided a variety of NPDES support services to the City of Moreno Valley over the years, in addition to plan checking. For example, in response to the MS4 permit, CASC prepared an in -depth fiscal analysis that included a detailed review of the SARWCBs MS4 permit, development of a comprehensive task list covering over 140 items, development of job descriptions and personnel requirements, preparation of an implementation schedule and an estimate of program implementation costs. CASC has also prepared SWPPPs and WQMPs/ SUSMPs for public works projects as well as Facility Pollution Prevention Plans (FPPPs) for city yards and corporate facilities.
WQMP PLAN CHECKING SERVICES
Client: City of Highland
Client Reference: Melissa Morgan, Public Services Manager/NPDES Coordinator (909) 864-6861 Ext. 230
CASC has been providing on-call environmental consulting services to the City of Highland since 2004. The on -call nature of the contract allows the City to confer with CASC on issues that emerge as the City complies with the area-wide municipal NPDES storm water permit. Services provided to date have included consultation regarding the application of the WQMP to municipal projects, review of applicant -submitted conceptual and final WQMPs, and training for city staff regarding the requirements for WQMPs and the integration of BMPs into new development and redevelopment projects. The WQMP plan check services included reviewing and recommending approval of Conceptual and Final WQMPs submitted to the City of Highland in accordance with requirements adopted by the City in response to provisions in the area -wide municipal NPDES storm water permit.
When a post -construction BMP installed at the City ’s new Police Station appeared to be having drainage problems while still under construction, the City called on CASC to evaluate the problem and options so that the City could complete the facility on time yet still maintain NPDES program compliance. CASC experts assessed the situation, identified the problem as being a construction problem (as opposed to a site problem or design problem), and recommended corrective actions that quickly resolved the drainage problems.
In 2019, two developer installed infiltration BMPs showed signs of complete failure prior to acceptance of the project and turnover of the BMPs to the City. The City engaged CASC to troubleshoot the failed BMPs. The mode of failure was identified, and then CASC reviewed the corrective action plans prepared by the developer. Once approved, CASC conducted inspections of the BMP corrective actions while they were being implemented. In 2021, the repaired BMPs continue to function appropriately and have been accepted by the City for maintenance.
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
WQMP PLAN CHECKING SERVICES
Client: City of Montclair
Client Reference: Steve Stanton, Engineering Manager
(909) 625-9444, [email protected]
CASC is currently providing WQMP, hydrology and
hydraulic calculation plan check, and landscape
plan reviews to the City of Montclair, in accordance
with requirements adopted by the agency, and in
accordance with the WQMP guidance document
approved by the Regional Board. The plan check
process includes identifying if a project is
accurately categorized based on the size and
proposed use of the site. Plan checks are
conducted to identify that the WQMP and
hydrology calculations meet required agency
standards and complies with requirements of the
WQMP Guidance. CASC reviews include review of Landscape Plans by one of the CASC ’s Registered Landscape Architects. Comments are provided to the preparer in the form of “redlines”. CASC corresponds with the City on a routine basis to conduct plan checks in accordance with the most updated standards regarding source control, LID implementation, site design, and activity restrictions.
Infiltration is an important BMP in the City due to the alluvial soils. Due to the variability in and quality of geotechnical reports submitted with WQMPs to establish infiltration rates to be used for design of the infiltration systems, the City engaged CASC to develop an infiltration testing protocol for the City. The CASC -developed protocol has been successfully used in the city for about six years and has resulted in more consistent and well documented infiltration testing reports, and there have been no failures of the BMPs designed under the protocol.
WQMP PLAN CHECKING AND PEER REVIEW SERVICES
Client: County of Riverside – Facilities Management / Economic Development Agency (EDA) Client Reference: Cliff Smith, Environmental Planner
(951) 955-0166, [email protected]
CASC is assisting the EDA with implementing its capital improvement program by conducting WQMP and
SWPPP Plan Checks and providing Peer Review
services. Plan Checks include reviewing WQMPs and
SWPPPs for conformance with local and state permit
requirements, redlining the documents to indicate
items out of conformance, and recommending
approval of the documents when requirements are
met. Plan Checks are usually on a project ’s critical
path, and therefore expedited schedules for these
reviews are routine. Peer Reviews examine the WQMP
from a perspective that extends beyond simple
compliance with the program guidance documents. The
peer review examines constructability of the proposed Best Management Practices (BMPs), requirements for protection of the BMPs during construction and commissioning of the project, and long -term BMP maintenance.
The perspective of the peer review is that of an owner/operator of a facility, and CASC underscores that approach.
WQMP Peer Review by CASC at The Boxing Club.
Photo credit Cliff Smith.
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
NPDES TRAINING SERVICES, INCLUDING WQMP
Client: Riverside County Flood Control and Water Conservation District Client Reference: Richard Boon, Chief of Watershed Protection Division (951) 955-1273, [email protected]
CASC has been a training consultant to the Riverside County Municipal Storm Water Management Program continuously since 2004. The Program covers three NPDES permits in the County, including permits for the Santa Ana River, Santa Margarita River, and Whitewater River watersheds. CASC has been responsible for coordinating the delivery of the training program with the District, developing course content, conducting training sessions, and preparing test questions for assessment of the training program ’s effectiveness. Courses are primarily directed at MS4 staff; however, classes such as those covering WQMPs have been open to and attended by professionals in private practice. Courses covering the following topics have been developed and/or presented:
• Water Quality Management Plans
• Transportation Project Low Impact Development
• Construction Inspector Training for Water Pollution Control • Commercial/Industrial Inspector Training for Water Pollution Control • Municipal Staff Training for Water Pollution Control
• Compliance Assistance Program (CAP)
• Illicit Connection / Illegal Discharge Identification and Control In 2018, CASC partnered with the District and the Building Industry Association to present WQMP training at a workshop sponsored by the BIA. The workshop included speakers from the County, the District, the Regional Board, the BIA, and CASC, and was well attended by professionals representing public agencies and private enterprise.
RIALTO CHANNEL—WILLOW STREET TO ETIWANDA AVENUE
Client: San Bernardino County Flood Control District
Client Reference: David Drake, PE, Engineering Manager/Division Chief (909) 387-7963, [email protected]
Casc is the prime consultant for this critical infrastructure project in San Bernardino County. The project is more than 15,000 feet in length and includes nine culvert crossings. One of the crossings will be underneath the SCRRA (Metrolink) tracks east of Cactus Avenue. The project has two phases: the first phase is the crossing at Randall Avenue, and the second phase is the remainder. Scope of work for both projects includes aerial and ground survey, utility research and coordination, geotechnical investigation, structural design of channel, culverts, and transition structures, civil design of channel and crossings, preparation of plans, specifications, and estimates (PS&E) for 75%, 95% and 100% submittals, agency coordination between the District and the City of Rialto, bidding, and construction support. Casc’s project manager, Michael Gentile, PE, is the key point of contact between the design team and the agencies involved. Casc conducts regular meetings with the design team and the District for coordination and to maintain project momentum so that scheduled deadlines are met. The Randall Avenue crossing is under construction and is 90% complete. The second phase is currently in design toward 75% submittal.
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
PALMDALE EXTENSION PROJECT
Client: City of Palmdale, CA
CASC is currently contracted by Transportation & Energy Solutions, Inc. to provide Engineering and Land Survey- ing services as a subconsultant for two (2) of the City of Palmdale ’s major roadway improvement projects: The North County ITS Extension Project and the North County Traffic Forum Phase V Expansion Project. CASC has pro- vided topographic survey, base mapping, and street and drainage design services for the improvements of sever- al intersections for both projects, aiming to achieve improved intersection capacity and circulation, safer traffic movements, enhanced drainage management and resolution of existing ponding conditions, and cost -effective infrastructure solutions.
CASC's Street Improvement Plans propose intersection enhancements, integrating features like curb and gutter upgrades, ADA ramps, and concrete curb returns. These plans aim to improve traffic flow while addressing drain- age concerns. Hydrology and hydraulic analysis form the basis of CASC's strategy, guiding the design of drainage infrastructure such as cross gutters and unique culvert designs to accommodate existing grading and drainage constraints. By optimizing off -site water flow through the project area, CASC aims to alleviate ponding issues and enhance drainage efficiency.
This approach highlights CASC's commitment to delivering effective and cost -conscious solutions for the City of Palmdale, ensuring improved infrastructure and community resilience.
HALEBLIAN ROAD STREET WIDENING
City of Menifee, CA
CASC prepared roadway widening plans for approximately one (1) mile of street improvements along Haleblian Road in the City of Menifee. The design consisted of several unique typical sections and section transitions to accommodate various grading and drainage constraints along the alignment. The existing Haleblian Road is a vari- able-width unpaved road consisting of multiple major at -grade drainage crossings, steep grades (up to 10%), and ponding and erosion issues. The proposed project comprised the widening of the existing road by its ultimate half -width, including half -width roadway improvements, landscape parkway, 13 -foot-wide, ADA -compliant, rubber- ized, multi-use trail, and an 8-foot-wide landscape buffer along the ultimate right-of-way.
The project also consisted of storm drain infrastructure improvements to mitigate on -site and off -site drainage issues associated with the existing road condition. CASC designed at -grade crossings to perpetuate the existing regional drainage pattern, as well as protect the proposed project from local flows and downstream erosion. The drainage design also incorporated approximately 450 lineal feet of underground storm drain within the street to accept flows from various existing sump locations along the alignment to mitigate upstream ponding.
CASC also performed/prepared hydrology and hydraulic calculations, pavement design calculations, earthwork calculations, and the construction cost estimate associated with the proposed improvements.
WILSON AVENUE EXTENSION
Client: City of Rancho Cucamonga, CA
Casc, contracted by the City of Rancho Cucamonga, provided comprehensive design services for the one -mile extension of Wilson Avenue between East Avenue and Wardman Bullock Road. This project not only addressed traffic needs but also incorporated a robust drainage design to effectively manage stormwater throughout a ma- jorly undeveloped area within the foothills of the city. Our team designed the street, sidewalk, and intersection layout, while paying close attention to on -site and off -site hydrology and hydraulics. To ensure proper drainage throughout the project area, we strategically designed a system incorporating underground storm drain lines, open channels, pipe and box culverts, and detention basins. This multifaceted drainage plan minimized the risk of flooding throughout the project and downstream and ensured the long -term sustainability of the improvements by effectively handling stormwater runoff.
CIVIL ENGINEERING RELEVANT PROJECT EXPERIENCE
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
REGIONAL WATER RECYCLING PLANT RESTORATION AND UPGRADES, ONTARIO, CA (RP-1 AND TP-1 PLAN RESTORATION AND RP-4 SYSTEM EXPANSION) Client: Inland Empire Utility Agency (IEUA)
CLIENT REFERENCE: Inland Empire Utility Agency
6075 Kimball Ave, Chino, CA 91708
Engineering—Matthew Poeske , (909) 573-6188 / [email protected] Survey—Jerry Burke, PE — Manager of Engineering (909) 993-1548 / [email protected]
The Regional Water Recycling Plant No. 1 (RP -1) Civil Restoration and Upgrades Project consisted of rehabilitation and upgrading of approx. 55,000 square feet of damaged pavements and deteriorated access roads, drainage improvements to eliminate ponding conditions, and repair and upgrading of damaged vaults and pull boxes throughout the RP -1 facility. CASC ’s scope of services included a Preliminary Design Assessment identifying and analyzing alternative pavement rehabilitation solutions from scope, schedule, cost, and logistical/operations standpoints followed by preparation of plans, specifications, and a cost estimate (PS&E) for the construction of the preferred design alternative in each case.
Special phasing consideration was made in the delineation and separation of each area of pavement rehabilita- tion to maintain on -site operations and heavy vehicle/truck traffic during construction. CASC ’s scope also includ- ed a truck turning movement analysis and pavement striping design to facilitate on -site circulation during and after construction.
Among the scope of services provided, CASC also performed a structural foundation investigation based on as - built information and site reconnaissance for purposes of determining cover constraints associated with pave- ment elevation and grade revisions.
ON-CALL SURVEYING SERVICES
Having been- awarded a sole source three -year on-call survey contract for IEUA starting in January of 2013 and on-going extensions and renewals, Casc has provided survey services on various water and wastewater projects throughout the Chino and Ontario areas. The majority of the on call surveying requires the use of GPS technolo- gy, filling in with conventional total stations and digital levels as needed. IEUA has numerous facilities throughout the Inland Empire and we can be requested to perform topographic and or construction surveying at all of them to facilitate their on going facilities improvements. We have provided construction survey services for a 5 million gallon recycled water reservoir as well as a 5 mile long water line to supply the reservoir in Chino, CA.
LAND SURVEY RELEVANT PROJECT EXPERIENCE
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
EXPERIENCE OF KEY PERSONNEL
TEAM INTRODUCTIONS
CASC offers a highly qualified team of professionals designed to assist the City with plan check of WQMPs, review of hydrology reports, and other and plan check services. Proposed key team members are listed here and are particularly well-suited for this work given their extensive experience in the storm water industry, their familiarity with state and federal regulations, as well as their current work performing similar duties for many local agencies.
The team is fully able to meet the City ’s plan check needs. This section serves as an introduction to CASC ’s team.
Team resumes included in this proposal provide more information on experience and qualifications.
Management Team
Michael Gentile, P.E., QSD/QDP. Michael will serve as the Project Manager, with direct and continuous responsibility in matters dealing with the project, and will handle the day -to-day activities through completion of the contract. He is the Project Manager for the current WQMP and plan check work with the County, and conducts plan checks and peer reviews for the Riverside County EDA. He is also the primary author of, and trainer for, the WQMP Training courses for the SAR and WWR watersheds. He brings more than 30 years of experience in project management, project engineering, design, and production for a wide variety of civil engineering projects.
Jeff Endicott, P.E., BCEE, CPESC, QISP, QSD/P, ToR -CGP. Jeff will serve as the Technical Advisor for BMP Design.
In this roll, Jeff will advise the team regarding acceptable methods for designing BMPs. Mr. Endicott currently provides engineering and storm water program management and plan checking oversight activities for the County and the cities of Hemet, Temecula, Montclair, Highland, and Hesperia.
Melanie Sotelo, CPMSM, CPSWQ, CPESC, QISP, QSD/P, ToR -CGP. Melanie will serve as the Technical Advisor for Permits. In this roll, Melanie will advise the team regarding WQMPs and Hydrology Reports relative to compliance with the MS4 Permit for each watershed. Ms. Sotelo brings a strong understanding of each of the County’s 3 MS4 Permits. She currently provides storm water program management services to several agencies, and leads the training services for the Co -Permittees in the Santa Ana River, Santa Margarita River, and Whitewater River watersheds.
Michael Gentile
Project Manager
30+ years experience
Jeff Endicott
Technical Advisor: BMP Design
30+ years experience
Melanie Sotelo
Technical Advisor: Permits
20+ years experience
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
Support Staff
Lonny Young, P.E. has over 35 years of experience in the civil engineering industry. His design experience includes sewer, water, street, grading, and storm drain projects throughout Southern California.
Anthony Mistretta, P.E. has over 12 years of design experience, including hydrology and hydraulic analyses, floodplain analysis, and preparation of WQMPs, SWPPPs, and Drainage Reports.
Patrick Flanagan, P.E. has 13 years of experience, including drainage/hydrology studies, precise and rough grading plans, and erosion control plans throughout Riverside County.
Rick Furlong, P.L.S., CASC’s Director of Survey and Mapping, has 45 years of experience.
Jess Becerra, L.S.I.T. has 32 years of survey and mapping experience.
TECHNICAL ADVISOR: PERMITS
MELANIE SOTELO
HYDROLOGY/HYDRAULICS REPORT PREP
AND CIVIL ENGINEERING PLAN PREP
ANTHONY MISTRETTA, P.E.
HYDROLOGY/HYDRAULICS AND
WQMP PLAN CHECKING/WQMP PREP
MICHAEL GENTILE, P.E.
CITY OF HEMET
PROJECT MANAGER
MICHAEL GENTILE, P.E.
TECHNICAL ADVISOR: BMP DESIGN
JEFF ENDICOTT, P.E.
PATRICK FLANAGAN, P.E.
ANTHONY ACOSTA, P.E.
JESS BECERRA, L.S.I.T.
JONATHAN ADKINS
NOE MILLAN
LONNY YOUNG, P.E.
KEVIN JIMENEZ
LAND SURVEY
RICK FURLONG, P.L.S.
ORGANIZATIONAL CHART
LOR—GEOTECHNICAL CONSULTANT
JOHN LEUER
ANDREW TARDIE
SUBCONSULTANT
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
PERSONNEL—STAFF RESUMES
MICHAEL GENTILE, P.E., QSD/P
PROJECT MANAGER
From his more than 30 years of experience in
project management, project engineering,
design, and production for a wide variety of civil
engineering projects, Mr. Gentile has developed
a deep understanding of stormwater permit requirements and regulations. He has used this knowledge to the benefit public sector clients by helping them achieve and maintain compliance with stormwater requirements, especially with respect to the permitting of land development projects. Mr. Gentile currently provides expert plan checking and peer review services for various public sector clients and provides Water Quality Management Plan (WQMP) training to Riverside County. His diverse project experience includes writing water quality management plans, drainage reports and master plans, and engineering water quality facilities, storm drains, roads and highways, water and sewer utilities, and land development.
RELEVANT EXPERIENCE
Grading, Hydrology, & Water Quality Management Plan (WQMP) Review, Riverside County : Mr.
Gentile is the Project Manager for grading plan, WQMP, and hydraulic and hydrology review services for the Riverside County Transportation Department. The review program in Riverside County requires knowledge of stormwater permit requirements in three watersheds: Santa Ana River (Santa Ana Region 8), Santa Margarita River (San Diego Region 9), and Whitewater River (Colorado River Basin Region 7). Mr. Gentile’s detailed knowledge in all three permit regions, and his experience in designing and implementing stormwater BMPs has proven to be of great value in the coordination and cooperation with WQMP applicants and preparers by providing guidance in the implementation, feasibility and design of the LID BMPs integral to drainage and grading standards to keep projects moving forward while ensuring compliance with permit requirements.
Water Quality Management Plan (WQMP) Review, City of Moreno Valley : Mr. Gentile is the project manager for the Plan Check Contract for the City of Moreno Valley. He is responsible for scheduling, QA/QC, invoicing, and coordinating with the City. As part of CASC ’s plan check review team, Mr.
Gentile has also reviewed numerous WQMPs for the City of Moreno Valley. WQMP reviews are conducted to verify compliance with the Water Quality Management Plan: A Guidance Document for the Santa Ana Region of Riverside County, and local requirements of the City of Moreno Valley. Mr.
Gentile’s detailed knowledge of stormwater, hydrology, and hydraulics, provides WQMP preparers with detailed guidance so that their plans and reports can achieve compliance in fewer review cycles.
Water Quality Management Plan (WQMP) & Drainage Report Review, City of Highland : As part of CASC’s plan check review team, Mr. Gentile has reviewed numerous WQMPs and Drainage Reports for the City of Highland. WQMP reviews are conducted to verify compliance with the Technical Guidance Document for Water Quality Management Plans for the County of San Bernardino Areawide Years at CASC —5
Total Years Experience—32
Education:
• B.A. Physics, Carleton
College/Northfield, MN
Professional Registrations/
Affiliations:
• Professional Engineer
(California, #058953)
• California Stormwater
Quality Association
Qualified SWPPP
Practitioner and Qualified
SWPPP Developer (QSP/D)
Certification #01162
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
Stormwater Program, and Drainage Report reviews are conducted to verify compliance with the County of San Bernardino Hydrology Manual. Mr. Gentile ’s detailed knowledge of stormwater, hydrology, and hydraulics, provides WQMP and Drainage Report preparers with detailed guidance so that their plans and reports can achieve compliance in fewer review cycles.
NPDES Compliance Services, City of Temecula : Mr. Gentile provides valuable assistance to the City of Temecula’s implementation of their stormwater program. In addition to reviewing Water Quality Management Plans, Mr. Gentile has prepared WQMPs for the City of Temecula for select public works projects to document the water quality benefit, and provided guidance on implementation of stormwater requirements for various projects throughout the City.
Plan Check Services, Planning & Land Development Program, City of Pomona: Mr. Gentile is responsible for review of LID Plans and Standard Urban Stormwater Mitigation Plans (SUSMP) as part of land development application reviews for the Planning Department (initial reviews for entitlements), and Public Works Department (design reviews for grading permits). The reviews evaluate document completeness and compliance with the Los Angeles County MS4 Permit and the City of Pomona ’s LID Ordinance and Green Street Policy. Initial reviews include determination of project type and applicability of the MS4 Permit, while design reviews examine if the proposed development meets the standards and requirements established by the governing documents. Design reviews usually include review of the project drainage report and grading plans as they are integral to NPDES compliance. Additional services provided by Mr. Gentile under this program are drainage and hydrology reviews of transit and transportation agency expansion plans within the City of Pomona, such as the LA Metro Gold Line extension and Omnitrans Bus Rapid Transit project.
RESUME CONT. MICHEAL GENTILE
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
JEFF ENDICOTT, PE, BCEE, CPESC, QISP,
QSD/P, TORCGP
SENIOR DIRECTOR OF ENGINEERING AND ENVI-
RONMENTAL SERVICES
Jeff Endicott has extensive environmental and
civil engineering experience as a consultant and
in the public sector. Water, as a resource and as a force in nature, has been a central element of Jeff’s work, with projects ranging from development of potable water supplies to prevention of environ- mental damage initiated by rainfall and runoff. Mr. Endicott draws upon his public sector and private sector experience to produce practicable solutions to complex environmental problems.
Mr. Endicott has long served in key roles on NPDES -related storm- water management projects: from Phase I, Part I applications in the early 1990’s to Phase II stormwater management programs today.
His continuous involvement in the NPDES stormwater program since its beginnings in California has provided him with a comprehensive knowledge, understanding, and perspective that he applies when developing practical solutions for public and private entities.
In October of 2019, Jeff Endicott received the prestigious Leadership Award from the California Stormwater Quality Association in recog- nition of his outstanding leadership in CASQA and contribution to the Stormwater Quality Management profession.
RELEVANT EXPERIENCE
Technical Guidance Document Development: Mr. Endicott has served in prominent roles in the development of standard -setting guidance related to stormwater quality management:
• “California Stormwater Quality Best Management Practice Hand- books.” Jeff served as Project Manager for the development of the four-volume set of handbooks, and he was a key author of the “New Development – Redevelopment Handbook ” and the key technical advisor on the “Construction Handbook. ” The CASQA Handbook continues to be the “go to” source for many California communities when it comes to treatment control Best Manage- ment Practices design and maintenance.
• “Low Impact Development Manual for Southern California. ” Jeff was a technical advisor for development of this manual. Jeff ’s role was to make sure that the LID practices in the manual were appropriately adapted for implementa- tion in Southern California.
• “Stormwater Quality Best Management Practice Design Handbook for Low Impact Development in the Whitewater River Region.” Jeff served as the technical director for the update of this manual to reflect the unique environmental conditions in the Coachella Valley area of Riverside County.
Years at CASC—17
Education:
BS, Environmental Resources
Engineering, Humboldt State
University, California
Professional Registrations:
• Professional Civil Engineer
• California, #040658
• Nevada, #013503
• North Dakota, PE-8749
• Board Certified Environmental
Engineer #04-20040
• Certified Professional in Erosion
and Sediment Control (CPESC)
#5414
• Qualified SWPPP Developer
(QSD) #00004
• California Stormwater Quality
Association Approved
Construction General Permit
Trainer-of-Record
Professional Affiliations:
• California Stormwater Quality
Association
• Director: 2003-2009, 2012-
2017
• Executive Program
Coordinator 2004, 2005
• Secretary of the Corporation
2003, 2007
• International Erosion Control
Association - Western Chapter
• Director: 2014-2019;
President 2016-2019.
• American Public Works
Association - Inland Empire
Branch
• Director: 2014-2016
• President: 2019
• American Society of Civil
Engineers - San Bernardino
and Riverside Counties Branch
• President: 1993-1994
• Inland Empire Council of
Engineers and Scientists
• President: 1995 - 1996
16.E
CITY OF HEMET
ON-CALL SERVICES FOR HYDROLOGY, HYDRAULIC, AND WATER QUALITY
MANAGEMENT PLAN PREPARATION AND PLAN CHECK SERVICES
WQMP/SUSMP Review and Plan Check Services: Mr. Endicott has directed CASC’s WQMP/SUSMP Re- view and Plan Check Services Team since 2004. During this time, the team has plan checked many hun- dreds of WQMP/SUSMP submittals on projects including master planned communities of over 1,600 acres, major warehouse facilities, big -box store retail centers, small commercial centers, single and multi-family residential developments, public works projects, utility projects, and more. His experience includes WQMP/SUSMP Plan Checking for the following agencies:
Jeff assists agencies determine the appropriate set of BMPs, including Treatment Control BMPs (TCBMPs), to allow in WQMPs/SUSMPs within their jurisdiction by clearly identifying the benefits and constraints of various BMPs. He works with agencies to develop design standards. He advises agencies during meetings with developers and their WQMP/SUSMP preparers, and advises agencies on emerg- ing WQMP/SUSMP and BMP issues. For agency projects, Jeff provides peer review services whereby he advises the agency regarding the near- and long-term implications associated with their selection of LID BMPs.
Treatment and Hydromodification Control BMP Evaluation and Inspection Services: Mr. Endicott di- rects the firm ’s team that provides services to validate the appropriate design, specifications, and im- plementation of Low storm water Best Management Practices (BMPs): his extensive and relevant expe- rience is demonstrated by the following projects:
• City of Fremont: Facing stringent requirements for discharges into San Francisco Bay, the City of Fremont staff elected to develop their own TCBMP for use in dense urban areas of the City.
Throughout design, Mr. Endicott was retained to provide peer review of the City’s “Treewell Filter”, a hybrid bioretention system. After construction of two full -scale Treewell Filters, the City retained Jeff to conduct flow simulation testing to validate the as-built capacity of the TCBMPs. Subsequent- ly, the San Francisco Estuary Institute engaged Mr. Endicott to conduct a peer review of the Insti- tute’s evaluation of the water quality performance of the Treewell Filters. • County of San Bernardino: Mr. Endicott ’s technical expertise was utilized to establish the County ’s current TCBMP inspection milestones, milestones that represent critical steps in TCBMP implemen- tation.
• City of Highland: The City of Highland experienced problems with a Sand Filter TCBMP at its new police station, and the City called on Jeff for assistance. He quickly assessed the problem and pro- vided recommendations for its resolution, assisting the City in getting the TCBMP online before the ribbon cutting ceremony at the facility.
• City of Moreno Valley: When a major builder and the City of Moreno Valley could not agree on the adequacy of the Nason Basin as a TCBMP, Mr. Endicott was retained to evaluate the constructed basin. Mr. Endicott made recommendations to retrofit the basin so that it could meet design stand- ards without completely reworking the basin. The basin was then accepted by the City.
Riverside County Agencies San Bernardino County Agencies County of Riverside, TLMA County of Riverside, EDA City of Highland City of Montclair City of Moreno Valley City of Hemet City of Redlands City of Colton City of Temecula City of Perris City of San Bernardino
City of Banning
RESUME CONT. JEFF ENDICOTT