Agenda — Hemet City Council, August 13, 2024 (part 9 of 12)

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Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Article 32 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

Article 33 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.

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Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Definitions The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.

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Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.

Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws.

Article 37 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference.

Article 38 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.

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Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by:
the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website at:
https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article 44 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: ASK[email protected] if you have any questions.

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Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures.

Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and nonconstruction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file.

Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.

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Obligating document

1. Agreement
No.

EMW-2023-FG05133

2. Amendment
No.

N/A

3. Recipient
No.
956000719

4. Type of
Action
AWARD

5. Control No.

WX03513N2024T

6. Recipient Name and
Address

CITY OF HEMET
445 E FLORIDA AVE
HEMET, CA 92543

7. Issuing FEMA Office and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Office and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742

9. Name of Recipient
Project Officer
Laura Axcell
9a. Phone
No.
9512959597

10. Name of FEMA Project
Coordinator
Assistance to Firefighters
Grant Program
10a. Phone
No.
1-866-274-
0960

11. Effective Date of
This Action
07/11/2024

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
07/18/2024 to
07/17/2026
Budget Period
07/18/2024 to
07/17/2026

15. Description of Action a. (Indicate funding data for awards or financial changes)
Program
Name
Abbreviation
Assistance
Listings
No.

Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This
Action +
or (-)
Current
Total
Award
Cumulative
Non-Federal
Commitment
FG 97.044
2024-F3-
GB01 -
P410-xxxx4101-D
$0.00 $39,518.86 $39,518.86 $3,951.89
Totals $0.00 $39,518.86 $39,518.86 $3,951.89
b. To describe changes other than funding data or financial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This field is not applicable for digitally signed grant agreements

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17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
07/11/2024

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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, AUTHORIZING

ACCEPTANCE OF GRANT FUNDING FROM A FEDERAL

EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT
OF $39,518.86, APPROVING THE USE OF MEASURE U
FUNDS IN THE AMOUNT OF $3,951.89 FOR THE
REQUIRED MATCH; AND AUTHORIZING THE CITY

MANAGER, OR DESIGNEE, TO EXECUTE ANY

NECESSARY DOCUMENTS TO MEET THE GRANT

REQUIREMENTS
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”); and applied to the Federal Emergency Management Agency (“FEMA”) for Assistance to Firefighters Grant (“AFG”) Funds EMW-2023-FG-05572 to use for the department’s Wellness Program; Cancer Screening Physical.

WHEREAS, the grant funds will assist the Fire Department to continue the Wellness and Fitness program with $39,582 in AFG funds and according to the AFG NOFO it is a priority 1. HFD seeks funding for a first-time program that will greatly enhance the health and wellness of our FF's through expanding to full body cancer screening. This will promote Health Education with providing each employee a cancer screening and consultation with an Oncologist. The grant will allow members, on a voluntary basis, to receive a full body screening. The funding request includes the

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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cancer screening, overtime and backfill for travel to the facility that is approximately an hour drive from the City. The education of our members will have a direct benefit to our daily interactions, operations and long-term wellness.

WHEREAS, early cancer detection can reduce the prevalence of cancer and identify cancer in early stages which lead to more effective treatment and reduced recovery time.

WHEREAS, with grant funding we will be able to offer all of our members a full body screen which is an effective early detection method for the screening of many major diseases including heart and cancer. The full Body Scan is a comprehensive study that looks at all of the internal organs from the neck (thyroid) to the hips (pelvis) It can find cancers, aneurysms, arthritis, gall stones, kidney stones among many common ailments. It includes examination of the heart and coronary arteries for plaque and calcium score. Identifying cancer early with full-body screening can identify cancer in 13 different organs and is far more effective than an Ultrasound or CT scan. The screening will also allow our member to have a baseline screen they can refer back to later in their career; and
WHEREAS, FEMA awarded the City grant funds in the amount of $39,518.86 with a 10% ($3,951.89) required local matching funds for a total approved budget of $43,470.75; and
WHEREAS, The City Council desires to accept the grant funds from FEMA to be used for the Wellness Program Cancer Screening Project and to direct the City Manager to execute any necessary documents to meet the grant requirements and to complete the Project in compliance with the grant requirement.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. SCHEDULE - The City Council hereby accepts the award from the Assistance to Firefighters Grant (“AFG”) through the Federal Emergency Management Agency (FEMA) EMW-2023-FG-05133 in the amount of $39,518.86 for the period of July 18, 2024 to July 17, 2026.

SECTION 3. The City Council hereby authorizes the City Manager, or their designee, to execute any necessary documents to meet the grant requirements. The City Manager or their designee is also authorized to take necessary action in compliance with the grant requirements. The City Council authorizes the Administrative Services Director to increase estimated revenues by $39,518.86, record supplemental appropriations of $39,518.86 in the Public Safety Grant Fund 232, and record supplemental appropriations of $3,951.89 in Measure U Fund 115.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on August 13, 2024.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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PASSED, APPROVED AND ADOPTED this 13th day of August, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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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 13th day of August, 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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Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 07/11/2024
Laura Axcell

CITY OF HEMET
445 E FLORIDA AVE
HEMET, CA 92543
EMW-2023-FG-05133
Dear Laura Axcell,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2023 Assistance to Firefighters Grant (FG) Grant funding opportunity has been approved in the amount of $39,518.86 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $3,951.89 for a total approved budget of $43,470.75. Please see the FY 2023 FG Notice of Funding Opportunity for information on how to meet this cost share requirement.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2023 FG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.

Sincerely,

PAMELA WILLIAMS
Assistant Administrator, Grant Programs

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Summary Award Memo
Program: Fiscal Year 2023 Assistance to Firefighters Grant Recipient: CITY OF HEMET
UEI-EFT: DJBVYNK4LEK8
DUNS number: 094715349
Award number: EMW-2023-FG-05133
Summary description of award
The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2023 Assistance to Firefighters Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.

The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):

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Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2023 FG NOFO.

Approved request details:

Equipment
Object Class Total
Personnel $14,660.75
Fringe benefits $0.00
Travel $0.00
Equipment $0.00
Supplies $0.00
Contractual $28,810.00
Construction $0.00
Other $0.00
Indirect charges $0.00
Federal $39,518.86
Non-federal $3,951.89
Total $43,470.75
Program Income $0.00

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Personal Protective Equipment (PPE)
Mobile Radios (must be P-25 Compliant)

DESCRIPTION
All band P-25 digital mobile radio with Wi-Fi and Bluetooth capabilities. To include 3 year service plan, mounts, speakers, microphone and and trunking software.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment

CHANGE FROM APPLICATION
Quantity from 15 to 0
Unit price from $9,800.00 to $0.00

JUSTIFICATION
This reduction is due to the score your project received relative to other projects.

Air-Line Units

DESCRIPTION
Airline Hose (2) 100' hose and (2) 300' hose. They have been added and averaged per hose.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment

CHANGE FROM APPLICATION
Quantity from 4 to 0
Unit price from $970.00 to $0.00

JUSTIFICATION
This reduction is due to the score your project received relative to other projects.

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Air-Line Units

DESCRIPTION
Mobile Air cart with 4 outlets and 2 tool auxiliary connections.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment

CHANGE FROM APPLICATION
Quantity from 1 to 0
Unit price from $3,758.00 to $0.00

JUSTIFICATION
This reduction is due to the score your project received relative to other projects.

Air-Line Units

DESCRIPTION
Entry/Egress harness with 4500psi additional egress 15minute bottle.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment

CHANGE FROM APPLICATION
Quantity from 8 to 0
Unit price from $2,394.00 to $0.00

JUSTIFICATION
This reduction is due to the score your project received relative to other projects.

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Wellness and fitness programs
SCBA Spare Cylinders

DESCRIPTION
(8) 1-hour cylinders at 4500psig with valve assembly. *The discrepancy below is due to our current inventory is for our RIC packs and HM response unit. We have 0 cylinders for the Confined Space response.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Equipment

CHANGE FROM APPLICATION
Quantity from 8 to 0
Unit price from $1,600.00 to $0.00

JUSTIFICATION
This reduction is due to the score your project received relative to other projects.

Additional funding

DESCRIPTION
One 10' enclosed trailer with shelving to house and transport Confined Space equipment to the emergency scene.

QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 0 $0.00 $0.00 Other

CHANGE FROM APPLICATION
Quantity from 1 to 0
Unit price from $15,000.00 to $0.00

JUSTIFICATION
This reduction is due to the score your project received relative to other projects.

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Cancer Screening Physical

DESCRIPTION
This is the cost per person to include all members, 15 new hire SAFER members and two Chief Officers. They are on a 40-hour work week so there is not personnel costs for them.

QUANTITY UNIT PRICE TOTAL
67 $430.00 $28,810.00

BUDGET CLASS
Contractual

CHANGE FROM APPLICATION

JUSTIFICATION
Cancer Screening Physical

DESCRIPTION
Travel time to and from cancer screening physical and time for screening appointment. The medical facility is approximately one hour from the city. This equates to two hours of drive time plus two hours for the appointment. I have averaged the overtime cost for all members including the additional 15 SAFER members we are currently hiring.

QUANTITY UNIT PRICE TOTAL
65 $225.55 $14,660.75

BUDGET CLASS
Personnel

CHANGE FROM APPLICATION

JUSTIFICATION

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Agreement Articles
Program: Fiscal Year 2023 Assistance to Firefighters Grant Recipient: CITY OF HEMET
UEI-EFT: DJBVYNK4LEK8
DUNS number: 094715349
Award number: EMW-2023-FG-05133
Table of contents

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Article
1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certifications
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identifiable Information Article
8 Civil Rights Act of 1964 – Title VI
Article
9 Civil Rights Act of 1968
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug-Free Workplace Regulations
Article
13 Duplicative Costs
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Article
16 Energy Policy and Conservation Act
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Debt Status
Article
19 Federal Leadership on Reducing Text Messaging while Driving Article
20 Fly America Act of 1974
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article
24 Lobbying Prohibitions
Article
25 National Environmental Policy Act

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Article
26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article
27 Non-Supplanting Requirement
Article
28 Notice of Funding Opportunity Requirements
Article
29 Patents and Intellectual Property Rights
Article
30 Procurement of Recovered Materials
Article
31 Rehabilitation Act of 1973
Article
32 Reporting of Matters Related to Recipient Integrity and Performance Article
33 Reporting Subawards and Executive Compensation
Article
34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
35 SAFECOM
Article
36 Terrorist Financing
Article
37 Trafficking Victims Protection Act of 2000 (TVPA)
Article
38 Universal Identifier and System of Award Management
Article
39 USA PATRIOT Act of 2001
Article
40 Use of DHS Seal, Logo and Flags
Article
41 Whistleblower Protection Act
Article
42 Environmental Planning and Historic Preservation (EHP) Review Article
43 Applicability of DHS Standard Terms and Conditions to Tribes Article
44 Acceptance of Post Award Changes
Article
45 Disposition of Equipment Acquired Under the Federal Award Article
46 Prior Approval for Modification of Approved Budget
Article
47 Indirect Cost Rate
Article
48 Award Performance Goals

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Article 1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the federal awarding agency.

Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located at 2 C.F.R.

Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or federal awarding agency program guidance. V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the first award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made. Recipients must submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identifies steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

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Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.

Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.

Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7 Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.

Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

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Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7.

Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.

No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royaltyfree, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

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Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19.

Article 15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

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Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801- 3812, which details the administrative remedies for false claims and statements made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A129.) Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513.

Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviationpolicy/certificated-air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

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Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidancepublished-help- department-supported-organizations-provide-meaningfulaccess-people-limited and additional resources on http://www.lep.gov.

Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.

Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.

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Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

Article 27 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect.

Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

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Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.

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Obligating document

1. Agreement
No.

EMW-2023-FG05133

2. Amendment
No.

N/A

3. Recipient
No.
956000719

4. Type of
Action
AWARD

5. Control No.

WX03513N2024T

6. Recipient Name and
Address

CITY OF HEMET
445 E FLORIDA AVE
HEMET, CA 92543

7. Issuing FEMA Office and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Office and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742

9. Name of Recipient
Project Officer
Laura Axcell
9a. Phone
No.
9512959597

10. Name of FEMA Project
Coordinator
Assistance to Firefighters
Grant Program
10a. Phone
No.
1-866-274-
0960

11. Effective Date of
This Action
07/11/2024

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
07/18/2024 to
07/17/2026
Budget Period
07/18/2024 to
07/17/2026

15. Description of Action a. (Indicate funding data for awards or financial changes)
Program
Name
Abbreviation
Assistance
Listings
No.

N/A

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17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
07/11/2024

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Aug 13 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 a Professional Services Agreement in the Amount of $529,180 to J. Smith & T. Muli, Inc. for the Design of the West Hemet Master Drainage Plan Line C, Stage 3 Storm Drain Facility and Authorize the City Manager to Execute the Agreement in the Final Form and Format as Approved 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 a Professional Services Agreement to J. Smith & T. Muli, Inc. for the Design of the West Hemet Master Drainage Plan Line C, Stage 3 Storm Drain Facility and Authorize the City Manager to Execute the Agreement in the Final Form and Format as Approved by the City Attorney.

BACKGROUND:

The West Hemet Master Drainage Plan encompasses the westerly portion of the City of Hemet, roughly bounded by Menlo Avenue to the north, the Metropolitan Water District (MWD) Aqueduct to the west, Highway 79 (north of Florida Avenue), and Sanderson Avenue (south of Florida Avenue) to the east, and the Hemet Channel to the south.

A major area of flooding for the City is at the downstream end of the Seattle Basin at Cawston Avenue. The existing Seattle Basin currently does not have an outlet, and flows have to be pumped out of the Seattle Basin when the basin is near capacity. During large storm events, the temporary pump systems cannot keep up with the flows entering the basin, and Seattle Basin overtops, flooding Cawston Avenue and a portion of Seattle Street. This also has a backwater effect on the systems discharging into the Seattle Basin, creating flooding issues upstream of the system.

The Line C, Stage 3 storm drain is identified in the West Hemet Master Drainage Plan as the outlet facility for the Seattle Basin, conveying flows from the Seattle Basin to the future Devonshire Retention Basin located within the Ramona Creek project.

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On May 28, 2024, the City of Hemet City Council approved a cooperative funding agreement with Riverside County Flood Control and Water Conservation District (RCFC&WCD) for the design and construction of the Line C, Stage 3 Storm Drain System. In the agreement, RCFC&WCD will pay the full amount for the design and the construction of the system. The City of Hemet will act as the lead agency for the design and construction of the facility.

ANALYSIS:

A request for proposal (RFP) for the design of the West Hemet Master Drainage Plan Line C, Stage 3, was issued on May 2, 2024, and 381 potential vendors were notified on Planet Bids. On May 30, 2024, the City received four (4) proposals from the following firms:

1.Michael Baker International, Inc.

2.J. Smith & T. Muli, Inc.

3.TKE Engineering, Inc.

4.NV5, Inc.

The proposals provided the firm’s qualifications and interest in providing design services for the Line C, Stage 3 storm drain.

Environmental services were not specifically requested in the document, and two firms had not provided these costs and tasks in their proposals. The City requested additional scope from these two firms for environmental services, and only one provided these items. Therefore, TKE Engineering, Inc. was considered non-responsive because it did not provide the additional requested data.

DISCUSSION:

The RFPs were reviewed by staff based on experience, similar projects, completeness of the RFP, and cost. The top-ranked firm resulting from staff evaluations is J. Smith & T. Muli, Inc.

PREVIOUS COUNCIL ACTION:

May 28, 2024 – Council approved a funding/cooperative agreement with Riverside County Flood Control and Water Conservation District for the design and construction of the West Hemet Master Drainage Plan Line C, Stage 3, Storm Drain.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

FISCAL IMPACT:

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There is no impact to the General Fund. The full amount of $529,180 will be reimbursed by RCFC&WCD per the funding/cooperative agreement approved by the Council on May 28, 2024.

ALTERNATIVE(S):

1.Do not approve the Agreement.

2.Provide alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1 - Resolution Award of Design of West Hemet MDP Line C Attachment 2 - Draft Agreement
Attachment 3 - Proposals opt

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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 A

PROFESSIONAL SERVICES AGREEMENT IN THE
AMOUNT OF $529,180 TO J. SMITH AND T. MULI, INC.

FOR THE DESIGN OF THE WEST HEMET MASTER
DRAINAGE PLAN LINE C, STAGE 3 STORM DRAIN

FACILITY AND AUTHORIZING THE CITY MANAGER TO

EXECUTE ALL DOCUMENTS RELATED TO THE

AGREEMENT 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 West Hemet Master Drainage Plan encompasses the westerly portion of the City of Hemet; and
WHEREAS, a major area of flooding for the City is at the downstream end of the Seattle Basin at Cawston Avenue where the existing Seattle Basin does not have an outlet, and flows have to be pumped out of Seattle Basin when the basin is near capacity; and
WHEREAS, during large storm events, the temporary pump systems cannot keep up with the flows entering the basin, and Seattle Basin overtops, flooding Cawston Avenue and Seattle Street; and
WHEREAS, the Line C, Stage 3 storm drain is identified in the West Hemet Master Drainage Plan as the outlet facility for the Seattle Basin, conveying flows from

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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the Seattle Basin to the future Devonshire Retention Basin located within the Ramona Creek project; and
WHEREAS, on May 28, 2024, the City of Hemet City Council approved a cooperative funding agreement with Riverside County Flood Control and Water Conservation District (RCFC&WCD) for the design and construction of the Line C, Stage 3 Storm Drain System;
WHEREAS, a request for proposal (RFP) for the design of the West Hemet Master Drainage Plan Line C, Stage 3, was issued on May 2, 2024 and on May 30, 2024, the City received four (4) proposals; and
WHEREAS, the RFPs were reviewed by staff based upon experience, similar projects, completeness of the RFP, and cost; and
WHEREAS, the top ranked firm based upon staff evaluations is J. Smith & T.

Muli, Inc. and is therefore recommended to be awarded an agreement.

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 a professional services agreement to J. Smith & T. Muli, Inc. for the design of the West Hemet Master Drainage Plan Line C, Stage 3, Storm Drain Facility.

SECTION 3. Authorize the City Manager to execute all documents related to the professional services agreement 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 13th day of August, 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 13th day of August, 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
J. SMITH & T. MULI, INC.

A CALIFORNIA CORPORATION
AGREEMENT # 2025-006

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00091740.2
Signature Page

PROFESSIONAL SERVICES AGREEMENT

FOR PROFESSIONAL ENGINEERING SERVICES FOR WEST HEMET MASTER DRAINAGE PLAN LINE C - STAGE 3
BETWEEN THE CITY OF HEMET AND J. SMITH & T. MULI, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 14th day of August, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and J. Smith & T. Muli, Inc., a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by request for proposals the performance of the Professional Engineering Services for West Hemet Master Drainage Plan Line C - Stage 3 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 into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize 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.

OPERATIVE 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. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2025, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties.

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00091740.2
Signature Page
(a) The City Manager may, in his or her sole discretion, 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.” (b) 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 appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.

SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks 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. ADDITIONAL SERVICES
Consultant shall not be compensated for any 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 advance 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.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, 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 Five Hundred and Twenty-Nine Thousand One Hundred and Eighty Dollars ($529,180.00) (“Not to Exceed Amount”) unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To enroll in ACH electronic payments contact

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[email protected].
(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 Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD 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 the end of each month a complete and accurate written itemized invoice for services performed 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 invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, 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 payment of labor on an hourly 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 amount 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 and 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 performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts 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

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whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement 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 City with a revised estimate of the total cost of performing this Agreement.

SECTION 6. INSPECTION 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 except 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. OWNERSHIP 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 disposed of by City without 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 for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, 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.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby 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, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants 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, application for copyright, patent, trademark or other

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intellectual property right protection, or other papers or instruments which may be necessary or 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 recordings, marks, logos, graphic 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 Consultant’s Services under this Agreement.

SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents 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, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted 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 relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly 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.

SECTION 10. INDEPENDENT CONTRACTOR

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(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 manner, nor to incur any obligation, debt, or liability of any 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 direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this 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 any claim Consultant may have to any such rights.

SECTION 11. STANDARD 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 engaged in providing services similar 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 Exhibit “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 performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, 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 comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement

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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 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. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable 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.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict 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 employed 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.

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(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position 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 parties 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.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced 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 release or disclose any such information or work product to persons or entities 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, shall not, without prior written authorization from the City Manager or unless requested by the 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 considered "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 Consultant 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 retains 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, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.

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SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected 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, 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 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, 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. (b) Consultant agrees to obtain executed indemnity 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, with, 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 responsible 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.

SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “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.

SECTION 19. ASSIGNMENT
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

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who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign 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 City, 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 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 duties 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.

SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned 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. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, 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 for 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, either 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 Section 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.

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(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience 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 may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would 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. EXCUSABLE 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 God, 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 term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. NOTICES.

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: J. Smith & T. Muli, Inc.

Attn: Tim Muli
33161 Camino Capistrano, Suite D
San Juan Capistrano, CA 92675
Notice shall be deemed effective on the date personally 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.

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SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 25. ADMINISTRATION 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.

SECTION 26. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 27. AMENDMENT.

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 Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. WAIVER.

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 Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW 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.

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SECTION 30. ATTORNEY’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 litigation 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.

SECTION 31. ENTIRE AGREEMENT.

This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed 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. SEVERABILITY.

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. INCORPORATION 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 for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are 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: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

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SECTION 34. TIME OF THE ESSENCE.

Time is of the essence for each and every provision of this Agreement.

PROFESSIONAL SERVICES AGREEMENT

FOR PROFESSIONAL ENGINEERING SERVICES FOR WEST HEMET MASTER DRAINAGE PLAN LINE C - STAGE 3
BETWEEN THE CITY OF HEMET AND J. SMITH & T. MULI, INC.

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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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES
I. PRELIMINARY DESIGN PHASE
TASK 1: RESEARCH & INVESTIGATION
JS&TM will provide preliminary field and site research services to collect and review existing background data. Data collection includes right-of-way documents, existing utilities plans, soils, and geologic information, "as built" construction drawings for the regional channel facilities, existing drainage reports and master drainage plans, previous project reports, and proposed development plans. In addition, a field reconnaissance investigation of the project area will be performed. The field investigation will include a verification of the site conditions and accuracy of as-built plans and maps. All existing data compiled during the research and data collection process will be compiled and summarized on the base sheets. An existing conditions discussion and will be included in the basis of design report.

TASK 2: UTILITY INVESTIGATION / NOTIFICATION / COORDINATION JS&TM will perform a detailed field review investigation of the West Hemet Line C – Stage 3 and identify the utilities within the project footprint where underground system is utilized. We take responsibility for identifying and resolving utility conflicts encountered within the project footprint on the surface, below ground, and overhead. Existing utilities within the project footprint will be shown in both plan and profile view and the disposition thereof will be specified and defined on the construction plans. We will determine the available information related to potential existing utilities within the project area or future utility projects that may be impacted and coordinate with the utility owners. The initial research will include notification of the potentially affected utility companies and researching available plan information and ownership information which will be incorporated into the project plan view “base sheet “database. The proposed project design features will be coordinated with representatives of the utility companies to determine precise information on the location, type, size, conduit material, and use of the utility facilities. JS&TM does not anticipate any potholing of any existing underground utilities within the reaches where these underground systems are proposed. We anticipate this to be a small task and only covering portions where the proposed system crosses the roadways.

The survey will be based upon the 1988 North American Vertical Datum (NAVD88). The horizontal control system for the survey will be the 1983 North American Datum (NAD83) Zone-V California State Plan Coordinate system. Ground features captured in the survey will include horizontal and vertical data necessary to assist with placement of proposed West Hemet MDP Line C- Stage 3, and storm drain laterals that convey roadway drainage from Cawston Avenue and Devonshire Avenue. JS&TM team member GIS Surveyors will develop a detailed 1-

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Exhibit A – Scope of Services
Page | 2
foot contour interval map including ground features, improvements, utilities, traffic delineators, light post, utility poles, signs and posts, walls, etc. located within the alignment and the immediate adjacent street as will be necessary for design of proposed improvements.

TASK 4: GEOTECHNICAL ENGINEERING
JS&TM team member Converse Consultants will conduct a geotechnical investigation of the subsurface soils beneath or near the proposed West Hemet MDP Line C-Stage 3 alignment.

Subsurface Exploration
Converse will drill 7 borings, each to a depth of 20.0 feet bgs or to refusal, whichever is shallower. The borings will be drilled with a truck mounted rig (CME 75 or equivalent) equipped with 8-inch diameter hollow stem augers for soils sampling. Soils will be continuously logged and classified by the geologist/engineer in the field by visual examination in accordance with the Unified Soil Classification System.

3.0-inch outside diameter) lined with thin walled sample rings. The sampler will be driven into the bottom of the borehole with successive drops of a 140- pound hammer falling 30 inches. The number of successive drops of the driving weight (“blows”) required for each 6 inches of penetration will be shown on the boring log. The soil will be retained in brass rings (2.4 inches in diameter and 1.0 inch in height) and carefully sealed in waterproof plastic containers for shipment to the laboratory. Bulk samples of representative soil types will be collected in plastic bags from various depths and within a 5-foot zone of the pipe elevation. Groundwater levels, where encountered in the borings, will be recorded.

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• Depth of groundwater and bedrock, if encountered.
• Existing pavement structural section at boring locations. • Discussion on the laboratory test results including soils corrosivity. • Local Geology and faulting.
• Seismic parameters based on 2022 California Building Code. • Liquefaction potential along the SD alignment based on available information. • Allowable soils bearing pressures.
• Allowable at-rest, active, passive and seismic lateral earth pressures. • RCP pipe bedding recommendation in accordance with RCFCD/City of Hemet. • Excavatibility of the soil along the storm drain alignment. • Stability of temporary trench excavation.
• Shoring design and construction recommendations.
• Suitability of excavated materials for use as bedding and backfill. • Pipe subgrade preparation recommendation.
• Trench backfill recommendation.
• Asphalt Concrete pavement section based on traffic indices provided by the City of Hemet.
• Street subgrade preparation recommendations.

TASK 5: 30% CONCEPTUAL DESIGN PLAN
JS&TM will prepare a conceptual storm drain design plan equivalent to a 30% design plan set for the proposed storm drain system improvements. The concept plan will provide the preliminary facility sizing, horizontal location in the roadway, vertical profile of the proposed storm drain, location of proposed storm drain laterals and curb inlet catch basins. Preliminary hydrology and hydraulic analyses will be prepared to preliminarily size the proposed storm drain facilities. JS&TM will provide preliminary sizing of the proposed storm drain based on the 100- yr level of flood protection. Preliminary hydraulic analyses of the system will be optimized to ensure that the minimum facility size is determined to provide the required level of flood protection. Constraints will be studied which include minimization of utility conflicts, location of proposed local inlets, and storm drain laterals. JS&TM assumes that no potholing will be necessary to design and install any proposed storm drain laterals. Map exhibit will be included in the conceptual storm drain design plan to aid in evaluation of the proposed alignment and location of facilities, including any effects on existing utilities. A rough order of magnitude construction cost opinion will be generated to aid in the providing direction to JS&TM. The plan will be developed at 1” = 40’ scale on the digital topographic base map and/or aerial photography developed by the JS&TM team.

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Rational Method calculations will be performed using CivilD for Riverside County Rational Method analyses and/or spreadsheet calculations following the Riverside County hydrology methodology. JS&TM will develop a hydrology map to determine the tributary areas. The map will delineate the subarea boundaries, hydrology soil types, land uses, concentration points, conveyance reaches/flow paths, and inlets/catch basins. The hydrology map will include a legend key and a logic diagram to aid in correlating the map to the hydrologic analyses. The tributary subareas will be delineated based upon topography, existing and proposed inlets, and proposed and historical surface flow patterns. The watershed hydrologic parameters will be developed based
upon guidance provided in the Riverside County Hydrology Manual and field observations. The results of the hydrologic analyses will be provided in the Basis of Design report to document methodologies, procedures, findings, and results of the hydrologic analyses for the project.

TASK 7: STORM DRAIN SYSTEM HYDRAULIC ANALYSES
JS&TM will provide engineering services for the hydraulic analysis of the West Hemet MPD Line C-Stage 3 system indicated on the construction drawings and based upon the design discharges from the RCFC&WCD Drainage Master Plan and those calculated by JS&TM for the laterals draining the streets. Work under this item shall include hydraulic calculations for the mainline and tributary storm drains laterals and inlets. JS&TM will also verify proposed system hydraulics to ensure that the hydraulic grade line in a 100-yr storm is contained in the proposed facility and would not spread onto private property. Analysis of the storm drain hydraulic gradient shall be performed utilizing HEC-RAS for the open channel potions and the Los Angeles County "Water Surface Profile Gradient Program" (WSPG) or the windows-based version distributed by Civil-D called WSPGW for the closed conduits. JS&TM will utilize Flow Master and FHWA roadway drainage analysis software HY-8 and Hydraulic Toolbox for analysis and design of roadway surcharge flow, gutter flow hydraulics, catch basin inlet hydraulics, and catch basin lateral inlet hydraulics. The final design water surface (HGL) will be indicated on the profile drawings and at all proposed inlets. The proposed laterals draining the roadways will be sized based City of Hemet/ RCFC&WCD criteria for storm drain laterals.

TASK 8: 65%, 95%, & 100% PLANS SPECIFICATIONS AND ESTIMATES (PS&ES)
Plans - The JS&TM Team will prepare construction plans, construction specifications, and construction cost estimates (PS&Es) at the 65%, 95%, and 100% level of completeness for the proposed West Hemet MDP Line C-Stage 3 and all local laterals within the proposed alignment limits. Construction plans will be prepared on standard Riverside County or as will be directed by the City Engineer. The plans will utilize the compiled base sheet information from research, utility investigation, and survey data. Utilities within the project footprint will be identified and located on the plans. Utility crossings will also be shown in the profile view where applicable.

The construction plans will include the necessary horizontal and vertical geometric information and data required to construct the proposed storm drain, pavement, and sidewalk improvements.

All necessary construction details and drawings needed for clarification of proposed facilities and special situations will be included in the construction drawings.

Specifications – JS&TM will prepare the Special Provisions portion of the Construction Specifications and Contract Documents suitable for bidding and awarding of the Contract for the

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proposed improvements based upon sample special provisions provided by the City of Hemet for guidance. The special provisions can be incorporated into the City of Hemet’s standard construction document specification package. The City shall provide JS&TM with the City standard "boiler plate" document front end specification language. The fee for this work item is based on the preparation of one master set of special provisions for the proposed improvements to be constructed in a single discreet construction project. Specifications for the project will conform to the most recent applicable standards and specification from:
• City of Hemet
• RCFC&WCD
• Standard Specifications for Public Works Construction (Greenbook) Estimates – JS&TM will prepare a construction cost estimate commensurate with the level of completion of the plans set. Construction quantities will be determined from the plan set construction items. Unit costs for construction items will be based upon available City of Hemet and RCFC&WCD unit costs and bid records from recent project or available bid records from recent public works projects in Riverside County 80
TASK 9: BASIS OF DESIGN REPORT FOR REGIONAL FLOOD CONTROL

FACILITIES
JS&TM will prepare a Basis of Design Report for the proposed West Hemet MDP Line C-Stage

3. This report will present the proposed drainage facilities, details of the design hydrologic and hydraulic analyses, and discussion of the proposed facilities. It will serve as the technical documentation for the design and intended operation of the proposed facility (s). This report will include hydrologic information, design criteria, constraints, design assumptions, technical references, facility operation, and levels of flood protection provided for the 10-, 25-, and 100-yr storm events, detailed channel hydraulics / water surface profile, and facility sizing, as well as maintenance requirements and access provisions. The study will identify the physical project constraints, design criteria, and engineering decisions employed in designing the proposed storm drain and associated facilities. The following is the expected Table of Contents for the Basis of Design Report:

Table of Contents
• Introduction and Technical Background
• Existing Conditions and Existing Drainage Facilities
• Previous Studies
• Design Criteria
• Design Methodology
• Hydrology & Hydraulics
• Estimated Construction Costs
• Maintenance Requirements and Access Provisions
• Recommendations
• References
TASK 10: PROJECT MANAGEMENT, MEETINGS, CONSULTATION &

COORDINATION

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JS&TM will provide project management to guide the project through the design and construction process. JS&TM will coordinate with other consultants to ensure effective communication amongst all consultants. During the preliminary design phase, JS&TM will meet and confer with City staff on a regular periodic basis to resolve design issues and ensure design continuity with RCFC&WCD/City standards and project goals. JS&TM will provide consultation and guidance to the City of Hemet and provide coordination with the District on technical issues related to the project. We will also meet with the City’s consultants, community stakeholders, and review agencies such as RCFC&WCD at the City's direction. We anticipate hosting/participating/leading in person or online meetings/conferences in the preliminary design phase to meet ensure the project is on track to meet City goals.

TASK 11: PLAN AND PERMIT PROCESSING
JS&TM will submit and process the proposed improvement plans with permitting agencies and utilities to obtain approvals and permits needed to construct the proposed improvements. We anticipate obtaining construction permits, encroachment permits, and/or approval signatures from RCFC&WCD, City of Hemet, and utility agencies as needed for the proposed improvements. Our staff will coordinate with the subject agency staff, make necessary submittals, meet with staff, and make representations to their staff to obtain approvals and permits needed to construct the proposed improvements.

III. POST DESIGN SERVICES
TASK 12: BID SUPPORT SERVICES
JS&TM will provide post design bid support services to the City of Hemet. The anticipated bid support services include the following:
• Assistance with preparation of bid package – JS&TM will prepare a bid item quantity sheet for the contractors to use for bidding, JS&TM will prepare a specifications package using City Hemet standard front-end documents for distribution to bidding contractors, JS&TM will prepare an Engineer’s of Construction Costs
• Pre-bid meeting attendance and participation - at the Pre-bid meeting, JS&TM project engineers will present the project to bidding contractors, describe the improvements to be constructed, and answer questions regarding the facility design and construction documents.
• Provide official response to contractor questions during bidding – JS&TM will accept contractor questions during bidding, post/publish questions as directed by City staff, provide official answers/clarifications to questions, and post/publish answers and clarifications as directed by City staff.
• Provide Bid Addendum Documents – JS&TM will prepare bid addendum documents if needed in response to questions/clarification and post/publish/circulate as directed by City staff.

TASK 13: ENGINEERING SUPPORT DURING CONSTRUCTION
JS&TM will provide engineering support services during construction of the project which will include the following:

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• Attendance of a pre-construction meeting - At the pre-construction meeting, JS&TM project engineers will describe the improvements to be constructed and answer questions regarding the construction documents, project specifications, material quantities, facility design, traffic control, construction staging and phasing, material selection, alternative materials, utility relocation, utility coordination, etc. • Review and response to Requests for Information (RFIs) – JS&TM will receive RFI, review RFIs, and provide timely (same day) response to contractor RFIs and distribute/post/publish RFI responses as directed by City staff • Review and response to contractor Submittals and Shop Drawings - JS&TM will receive contract material submittals and shop drawings, review submittals and shop drawings, and provide timely (same day) response to contractor submittals and shop drawings and distribute/post/publish responses as directed by City staff • PS&E Delta Revisions – Sometimes unknown conditions are discovered during construction which require design revisions. If this occurs, JS&TM will provide delta revisions to the project plans and specifications as needed to revise design for conditions discovered during construction. JS&TM Project Engineers will observe the condition on site, obtain survey information, if needed, and revise construction plans and process delta revisions with the City of Hemet and RCFC&WCD as needed to obtain design revision approval.
• Attendance of construction meetings / field meetings – JS&TM will attend regular construction field meetings and lead design related discussions to provide answers to design questions and provide requested information to the contractor. • Preparation of As-Built Drawings –upon completion of construction, JS&TM will prepare an as-built set of final working drawings and specifications. No later than 30- days after substantial completion of the Project, JS&TM will review and forward the Final Working Drawing and Specifications with all changes made by change orders or otherwise pursuant to the construction documents a set of as-built drawings and specifications. The as-built drawings will show the location of concealed pipes, buried conduit runs, and other similar elements within the completed project. JS&TM will obtain certifications from field inspectors and the contractor that the drawings are correct.

JS&TM will provide a signed and stamped set of record drawings both printed and in pdf format.

TASK 14: ENVIRONMENTAL PERMITTING/CEQA
TASK 14 – Project Initiation
Task 14.1.1 – Project Kick-Off Meeting
To begin the project, MNS will facilitate a CEQA kick-off meeting with City staff. This meeting will be to discuss CEQA approach, timeline, communication protocols, and any other required CEQA process discussion items. MNS will prepare a meeting agenda and provide meeting minutes after the kick-off meeting.

Deliverables:
✓ Meeting Agenda, in PDF format
✓ Meeting Minutes, in PDF format

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Task 14.1.2 – Project Description
JS&TM Team member, MNS will develop a Project Description for inclusion in the Project Description section of the IS/MND to reflect the latest proposed project components utilizing the most recent plan set provided by the city. Once complete, MNS will submit the Project Description to the City for review and comment. After receiving comments and making the appropriate changes, MNS will submit a final revised version of the Project Description, which will be the basis for the project’s environmental analysis.

Deliverables:
✓ Draft Project Description in electronic format
✓ Final Project Description in electronic format
TASK 14.2 – Technical Studies
Task 14.2.1 – Air Quality and Greenhouse Gas Analysis
JS&TM Team member, Ganddini Group, Inc. (Ganddini) will prepare an air quality and greenhouse gas emissions impact analysis for the project. This report will:
✓ Identify the existing air quality setting in the area. ✓ Identify applicable international, federal, state, SBCAPCD’s, and local rules and regulations including the State greenhouse gas (GHG) regulations Assembly Bills (AB) 32 and 1493, Senate Bills (SB) 32, 97, 107, 375, 527, 1368, and 1771, and Executive Orders S-3-05 and S-14-08.
✓ Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources. Data will be obtained for air pollutants, including ozone, carbon monoxide (CO), nitrogen dioxide (NO2), PM10, and PM2.5.
✓ Identify greenhouse gases and their associated impacts to global climate change. ✓ Identify thresholds of significance for the criteria pollutants and greenhouse gases. ✓ Evaluate and quantify regional criteria pollutant and greenhouse gas emissions associated with construction activities for the proposed project utilizing the most recent CalEEMod Model. If significant emission levels are found to be created from construction activities, feasible mitigation will be developed and quantified. ✓ Evaluate local NOx, CO, PM10, and PM2.5 construction emissions at the nearest sensitive receptors. The emissions will be compared against the SCAQMD Look-Up Tables and will follow the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July 2008.

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✓ Evaluate the construction-related greenhouse gas emissions using the latest version of CalEEMod. There are currently no GHG thresholds for construction-related emissions.

Therefore, per SCAQMD guidance, the project's emissions will be amortized over 30 ears and compared to the SCAQMD’s draft GHG emissions threshold of 3,000 metric tons of CO2e per year for all land uses. If the GHG emissions exceed any applicable thresholds, provide mitigation to reduce the GHG emissions. ✓ The project related GHG emissions will also be compared to the goals of the City of Hemet Climate Action Plan and/or the CARB Scoping Plan (as applicable). ✓ Provide a qualitative odor analysis from the construction of the proposed project.

Deliverables:
✓ Draft and Final Air Quality and Greenhouse Gas Emissions Impact Analysis in electronic format
Task 2.2 – Energy Impact Analysis
JS&TM Team member, Ganddini will prepare an energy analysis for the project. This report will:
✓ Identify the existing energy use conditions and the applicable federal, state, and local rules and regulations pertaining to energy use.
✓ The energy analysis will provide a CalEEMod-based quantitative analysis and discussion of project-related energy use during construction. ✓ Provide an analysis of the project’s consistency with renewable energy and energy efficiency plans.

Deliverables:
✓ Draft and Final Energy Analysis in electronic format
Task 14.2.3 – Biological Resources Assessment
JS&TM Team member, PAX Environmental, Inc. (PAX), will prepare a Biological Resources Assessment for the project. The initial mobilization and correspondence task will include correspondence with the client, preparation of contracts for project management, and setting up data collection for the field survey. Additionally, PAX will oversee project management and conduct a thorough desktop analysis to identify potential habitat types and sensitive species known to inhabit the project area. A PAX biologist will review existing literature, databases, and regulatory documents to gather pertinent information on habitat characteristics and species distributions.

One PAX Senior biologist will conduct technical biological studies through field surveys to assess habitat quality and document the presence or absence of identified sensitive species.

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Utilizing standardized survey protocols, the biologist will systematically document habitat conditions, including vegetation composition, observed wildlife, and observed hydrological features. Photographs and detailed habitat maps will be prepared upon request to delineate sensitive habitats and species distribution within the project area, if any.

PAX will compile the findings into a habitat assessment report, summarizing the methods, results, and conclusions of the study. This report will include maps, tables, and photographs illustrating habitat types and species distributions, along with recommendations for mitigation measures and habitat conservation strategies to address potential project impacts. Additionally, PAX will collaborate with stakeholders to ensure that the report meets regulatory requirements and adequately addresses project needs.

Deliverables:
✓ Draft and Final Biological Resources Assessment, in electronic format Task 14.2.4 – Jurisdictional Delineation
JS&TM Team member, MNS will conduct a site visit to perform a formal jurisdictional delineation that will determine the limits of state and federal jurisdictional waters and wetlands s located within the boundaries of the permanent (and temporary, if any) project footprint. The jurisdictional delineation will result in the following:
✓ Determination of the USACE’s ordinary high-water mark (OHWM) and indicate the existence of any three (3)-parameter wetlands on-site. The actual presence or absence of wetlands on-site will be verified through the determination of the presence of wetland hydrology, hydrophytic vegetation, and hydric soils in accordance with the September 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0).
✓ Identification of CDFW jurisdictional areas being on-site streambed and active banks, or to the outer drip line of riparian vegetation (if present), pursuant the California Fish and Game Code; and
✓ In cases where isolated waters, not subject to federal jurisdiction are present, the delineation will identify areas under the jurisdiction of the RWQCB pursuant to the California Porter-Cologne Water Quality Act (Porter-Cologne).

Prior to visiting the project site, MNS will conduct a thorough literature review of relevant information that supports the site reconnaissance and report preparation. Sources reviewed are anticipated to include, but may not be limited to, topographic maps, soil surveys, historic and current aerial photography, flood and wetland inventory maps, hydrology/climate information, and watershed data. MNS will then conduct a thorough investigation on-site to identify the limits of aquatic features subject to each regulatory agency jurisdiction.

Once the project site baseline information is obtained, MNS will prepare a comprehensive written report discussing on-site jurisdictional areas, using previously collected data to the extent

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practical. The report will consist of an Executive Summary and the following Sections: 1) Introduction and Setting; 2) Summary of Regulations; 3) Methodology; 4) Results; 5) Conclusions and Recommendations; 6) References; and 7) Appendices, including Wetland Determination Data Forms (if any), Site Photographs, and research data relevant to the study.

Pursuant to agency requirements, the delineation report will include a maximum of five (5) figures to enhance the written text and clarify the project, jurisdictional areas, and project impacts. Figures are anticipated to include the following maps: 1) Regional Vicinity; 2) Site Vicinity; 3) Project Site/Site Plans (on aerial); 4) USDA Soils; and 5) Jurisdictional Delineation.

This task includes time for Geographic Information Systems (GIS) analysis associated with the preparation of the above-listed figures. The delineation map will be at a scale of 1”= 300’ or greater on recent aerial photograph. Jurisdictional delineation data collected and processed will be overlaid; each agency’s jurisdiction will be distinguished, and area impacts calculated. This task assumes one round of minor revisions will be needed upon review from the City prior to finalizing for submittal and agency submittal.

Deliverables:
✓ Draft and Final Jurisdictional Delineation, in electronic format Task 14.2.5 – Permit Application Packages
JS&TM Team member, MNS will prepare the following permit application and materials for the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB) and California Department of Fish and Wildlife (CDFW) for submittal. The scope of work includes submittal of two separate permit application packages for the project. 404 Nationwide Permit
MNS will prepare a separate request for a 404 Nationwide Permit for the project. A request for authorization under the 404 Nationwide Permit (NWP) program will be prepared for review by the city and submitted to the USACE. We anticipate that NWP 3 for maintenance will apply to the project, however, depending upon the types of maintenance activities proposed in each area of the park, other NWPs may apply. We will review all of the NWPs to determine with could apply and then recommend the NWP that provides the least restrictions and notification requirements. The request for NWP authorization generally includes:
✓ Detailed description of the proposed project.
✓ Detailed description of the jurisdictional areas to be impacted by the proposed project (this is generally accomplished by submittal of the Jurisdictional Delineation Report [Task 3, above]).
✓ Discussion of approvals and certifications being obtained from other federal, state, or local agencies.
✓ The Streambed Alteration Notification package submitted to CDFW.

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✓ The request to the RWQCB for water quality certification. ✓ Biological Resources Assessment (to determine whether Section 7 Endangered Species Act consultation with U.S. Fish and Wildlife Service is required). ✓ Cultural Resources report for the project (to facilitate USACE tribal consultation and to determine whether Section 106 consultation with the State Historic Preservation Office is required).

This scope of work does not include preparation of an application for 404 Individual Permit (IP) or formal Section 106 cultural resources consultation. Additionally, because the project is located within the limits of the Western Riverside MSHCP, we are assuming that formal Section 7 consultation is not required and approvals by US Fish and Wildlife will be limited to ensuring compliance with the MSHCP. If these tasks are required by the resource agencies, MNS can prepare these documents under separate scope and budget.

Deliverables:
✓ One (1) draft 404 Nationwide Permit Request application packages. The application package will be finalized based upon one round of comments. Submittal to the USACE will be made by MNS through email/USACE ftp site.
401 Water Quality Certification or Waste Discharge Requirement Section 401 of the Clean Water Act (CWQ) requires that any discharge of dredge or fill material into Waters of the U.S., including wetlands, not violate state water quality standards. Water quality certification must be obtained as a condition of Section 404 of the CWA before USACE will issue the 404 NWP. A written request for a Section 401 Water Quality Certification will be submitted to the RWQCB, Santa Ana. The 401 Water Quality Certification request generally includes the following items:
✓ A completed application form.
✓ A detailed project description.
✓ A description of project impacts.
✓ A description of best management practices provided by the applicant to avoid erosion and sedimentation or discharge of materials into stormwater, both during construction and long-term operation.
✓ A discussion of the approvals being obtained from other federal, state, and local agencies
✓ The project CEQA document.
✓ The application fee assessed using the RWQCB Dredge and Fill Fee Calculator (to be assessed by MNS and provided by the applicant).

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Under the new State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, the RWQCB requires that a request for pre-application meeting be submitted 30 days prior to submitting the 401 application. JS&TM Team member, MNS will submit the request by email and facilitate the pre-application meeting, which is typically held online via Zoom or Microsoft Teams. Pursuant to the State Permit Streamlining Act, the RWQCB has 30 days following receipt of the 401 application to deem an application complete or request additional information. Following a determination that the application is complete, the RWQCB has an additional 60 days to issue the 401 Water Quality Certification.

Deliverables:
✓ One (1) draft 401 Water Quality Certification application package. Each application package will be finalized based upon one round of comments. Submittal to the RWQCB will be made by MNS through email/RWQCB ftp site
CDFW 1602 Streambed Alteration Agreement
JS&TM Team member, MNS will prepare the SAA application for submittal to CDFW (Inland Deserts, Region 6) to request authorization for temporary and permanent impacts to Waters of the State associated with the project. The SAA request generally includes the following items:
✓ A completed application form.
✓ A detailed project description.
✓ A description of project impacts.
✓ A discussion of the approvals and certifications being obtained from other federal, state, and local agencies.
✓ The project CEQA document.
✓ The SAA application fee using the 2024 fee schedule (to be assessed by MNS and provided by the Applicant).

CDFW is a state agency; therefore, under the state Permit Streamlining Act, when the term of the requested agreement is 5 years or less, CDFW has 30 days following receipt of the 1602 application to deem and application complete or request additional information. Following a determination that the application is completed, CDFW has an additional 60 days to issue the draft 1602 SAA for review/signature by the Applicant.

Deliverables:
✓ One (1) draft 1602 Streambed Alteration Agreement application package. The application package will be finalized based upon one round of comments. Submittal to the CDFW will be uploaded using the CDFW EPIMS online system.

Permit Tracking and Resource Agency Coordination

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Applications will be coordinated with USACE, RWQCB, and CDFW throughout processing to ensure that any potential issues are communicated to the City and resolved at the earliest possible opportunity. Coordination may include telephone, email or written correspondence, or meetings with the agencies. This scope of work includes up to 48 hours of agency coordination time (40 hours per tract), including up to two (2) site visits with regulatory agency staff and the project team.

Deliverables:
✓ Copies of all agency correspondence, including emails, phone log, and meeting minutes associated with the 404, 401, and 1602 consultations.

Task 14.2.6 – Cultural Resources Assessment
JS&TM Team member, PAX will prepare a Cultural Resources Assessment for the project. This assessment will involve identifying and evaluating potential cultural resources within the project area, including archaeological sites, historical structures, and other significant resources. A records search will be conducted with the California Historical Resources Information System (CHRIS). This research characterizes the status and extent of previous cultural resource studies completed in the project area and will help predict the types of resources expected within the project site boundaries. Upon receipt of the results of the records search, a PAX archaeologist will conduct a site survey. PAX will adhere to CEQA requirements and other applicable regulations to ensure thorough documentation and assessment of cultural resources. The assessment findings will support the preparation of necessary reports to aid in the CEQA document and permitting process.

PAX will compile the findings into a Cultural Resources Assessment report, which will summarize the methods, results, and conclusions of the study, detailing observed resources and recommendations for mitigation or preservation measures.

Deliverables:
✓ Draft and Final Cultural Resources Assessment in electronic format Task 14.2.7 – Construction Traffic Analysis
Ganddini will prepare a construction traffic analysis for the project consisting of the following tasks:
✓ Document the proposed construction phasing, estimated trip generation, and roadway closures/detours based on information to be provided by the Client. ✓ Document existing study intersection traffic control devices and lane configurations, as well as bicycle, pedestrian, and transit facilities in the project vicinity. ✓ Develop a trip generation estimate for the project’s construction phase based on construction details, such as construction phases, number of workers per phase/shift, and materials/delivery/hauling trucks.

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✓ Identify proposed truck delivery/haul routes and construction parking areas. ✓ Document conditions of approval requiring compliance with all applicable Federal/State standards for temporary traffic control devices per the California Manual on Uniform Traffic Control Devices.
✓ Prepare a technical memorandum that incorporates the methodology, findings, and all supporting calculations and assumptions. Review one compiled set of City of Hemet comments and make minor revisions, if necessary. The final report will be signed and stamped by a Professional Engineer registered in the State of California.

Deliverables:
✓ Draft and Final Construction Traffic Analysis in electronic format TASK 14.3 – Initial Study Preparation
Task 14.3.1 – Draft Initial Study/Mitigated Negative Declaration Task 14.3.1.1 – Administrative Draft IS/MND
MNS will prepare an Administrative Draft IS/MND for review by the city utilizing the current Project Description and Technical Studies. The IS/MND will address the latest CEQA Appendix G Checklist, including the following impact areas:
✓ Aesthetics
✓ Land Use / Planning
✓ Agriculture / Forestry Resources
✓ Mineral Resources
✓ Air Quality
✓ Noise
✓ Biological Resources
✓ Population / Housing
✓ Cultural Resources
✓ Public Services
✓ Energy
✓ Recreation
✓ Geology/Soils

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✓ Transportation
✓ Greenhouse Gas Emissions
✓ Tribal Cultural Resources
✓ Hazards & Hazardous Materials
✓ Utilities / Service Systems
✓ Hydrology/Water Quality
✓ Wildfire
The IS will provide written responses to each question on the Environmental Checklist that describe and qualitatively and/or quantitatively evaluate the project’s impact related to each topic. Each response will include a conclusion regarding the significance of the project’s impact, which may be determined to be potentially significant, potentially significant unless mitigated, less than significant, or no impact.

Deliverables:
✓ Admin Draft IS/MND in electronic format
Task 14.3.1.2 – Draft IS/MND
Once reviewed by the city, JS&TM Team member, MNS will review and revise the IS/MND to be finalized for public review. MNS will schedule a conference call with City staff (if required) to review any substantive comments and finalize the IS/MND. Once finalized, MNS will work with the City to finalize the public release of the Draft IS/MND document, in accordance with Section 15073 of the State CEQA Guidelines. MNS assumes that the city will facilitate the public release and circulation of the Draft IS/MND. In the event that the city requests that MNS complete the noticing process, MNS can provide those services under a separate scope and fee.

Deliverables:
✓ Public Review Draft Initial Study in electronic format ✓ Three (3) hard copies of the Public Review Draft IS/MND, with appendices on a USB Drive
Task 14.3.2 – Final Initial Study/Mitigated Negative Declaration Task 14.3.2.1 – Response to Comments
Once the public review period is complete, MNS will prepare the Response to Comments section of the Final Initial Study. The responses will address all environmental-based comments, pursuant to the CEQA Guidelines. An administrative draft version of the response to comments will be submitted to City Staff for review. Since it is infeasible to estimate the number of

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00091740.2
Exhibit A – Scope of Services
Page | 17
comments on the Draft IS/MND, MNS has preliminarily estimated 30 hours of staff time for the response to comments.

Deliverables:
✓ Draft Response to Comments in electronic format
✓ Final Response to Comments in electronic format
Task 14.3.2.2 – Mitigation Monitoring and Reporting Program JS&TM Team member, MNS will prepare a Mitigation Monitoring and Reporting Program (MMRP) for the project pursuant to Section 15097 of the CEQA Guidelines. MNS will submit an administrative version of the MMRP to City Staff for review and comment. Once reviewed, MNS will prepare a final MMRP document. Upon City adoption of the IS/MND, MNS will incorporate the MMRP into the final IS/MND.

Deliverables:
✓ Draft MMRP in electronic format
✓ Final MMRP in electronic format
Task 14.3.2.3 – Errata
Any changes to the text of the IS/MND will be summarized in an errata section of the Final IS/MND. MNS will identify the revisions to the Draft IS/MND in a strikeout/underline format.

This task assumes that there will be no changes to the technical studies, in the event that changes to the technical studies are required MNS will coordinate those with the city.

Deliverables:
✓ Draft Errata in electronic format
✓ Final Errata in electronic format
Task 14.3.2.4 – Final IS/MND
An administrative draft of the Final IS/MND will be submitted to City Staff for review. MNS will make the appropriate revisions and submit a draft iteration of the response to comments to City Staff for final approval. Once approved, MNS will incorporate the responses into the Final IS/MND. MNS will provide an electronic submittal of the Final IS/MND, including response to comments and errata changes to the Draft IS/MND.

Deliverables:
✓ Draft Final IS/MND in electronic format
✓ Final IS/MND in electronic format

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00091740.2
Exhibit A – Scope of Services
Page | 18
✓ Three (3) hard copies of the Final IS/MND, with appendices on a USB Drive Task 14.3.2.5 – Notice of Determination
JS&TM Team member, MNS will prepare a Notice of Determination in accordance with Section 15075 of the State CEQA Guidelines for the City to file with the County Clerk. We recommend that the Applicant file the Notice of Determination within 5 days of adopting the IS/MND to establish a 30-day statute of limitations. The Applicant would provide the applicable California Department of Fish and Wildlife and County filing fee.

Deliverables:
✓ Notice of Determination in electronic format
TASK 14.4 – Project Management, Meetings and Hearings
Task 14.4.1 – Project Management (T&M)
MNS’s assigned project manager will work closely with City Staff. This approach optimizes communication between the involved parties. Management activities include coordinating with the project team, ensuring the proposed timeline is met, monitoring the project budget and progress, and providing quality control review of all completed work products. As a preliminary estimate, MNS has allocated 20 hours of project management time for this effort.

Task 14.4.2 – Project Meetings (T&M)
MNS’s project manager will develop a regular meeting schedule with City staff to coordinate project status and action items throughout the project. It is assumed that these check-in meetings will be held remotely via Microsoft Teams. As a preliminary estimate, 24 hours of meeting time have been included.

Task 14.4.3 – Project Hearings (T&M)
JS&TM Team member, MNS will be available for project hearing support on an as-needed time and materials basis. MNS assumes attendance at three public hearings for the project, including two Planning Commission and one City Council Hearing. As a preliminary estimate, MNS has assumed 30 hours of project hearing support time.

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00091740.2
Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed Five Hundred and Twenty-Nine Thousand One Hundred and Eighty Dollars ($529,180.00).

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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 commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must 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 form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage 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 amount of $2,000,000 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 continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ 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 insurance 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

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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

1. A drop-down feature requiring the policy 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 shall 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 suspended, 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 complied with. The City Attorney may require that Consultant furnish City with copies of original 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, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions 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 investigations, 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

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a primary and non-contributory basis for the benefit 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 against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with 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, employees, 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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``
PROPOSAL:

J. SMITH & T. MULI, INC. – PROFESSIONAL ENGINEERING SERVICES FOR WEST HEMET MASTER DRAINAGE PLAN LINE C – STAGE 3
JS&TM PRN: 24024
J. SMITH & T. MULI, INC.
33161 CAMINO CAPISTRANO, SUITE-D
SAN JUAN CAPISTRANO, CA 92675
CA DIR# PW-LR-1000893931
State of CA / USDOT Certified DBE# 50981
State of CA SBE # 2026784
State of CA MBE # 22000400
May 30, 2024
Experience Engineers Success.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page i

1. COVER LETTER
May 30, 2024
City of Hemet
Community Development Department
Engineering Division
ATTN: Candace Sunds
445 East Florida Avenue
Hemet, CA 92543
Email: [email protected]
Phone: (951) 765-2348
Subject: Proposal for Professional Engineering Services for West Hemet Master Drainage Plan Line C - Stage 3
J. Smith & T. Muli, Inc. (JS&TM) is pleased to provide our proposal for professional Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3. Over the past 23-years, JS&TM staff has provided storm drain engineering, planning, and design services, as well as stormwater management services, and flood control engineering for multiple municipalities, special districts, and major land holders in the Inland Empire and throughout Southern California.

The JS&TM Team has vast experience in advanced hydrologic & hydraulic modeling and analysis, storm drain engineering, construction document preparation, and storm drain construction. Most of this experience included coordination with multiple agencies, residents, and stakeholders. As a part of nearly every storm drain project we have completed we provide utility research, utility conflict resolution, survey & mapping, CEQA documentation, traffic control and construction staging, pavement evaluation and replacement plans, bid assistance to the owner, and construction oversight. Specific examples of recent storm drain projects within Riverside County and nearby counties include: SBCFCD West Fontana Channel Stormwater Quality BMP Design Project, Haigh Road Storm Drain Improvements in the City of Thousand Oaks, City of Yucaipa Dunlap Boulevard Bridge Replacement, RCFC&WCD Mockingbird Channel Restoration Project, South Norco Channel Stage 2 in the City of Norco, North Norco Channel in the City of Norco, City of Yucaipa Drainage Master Plan, City of La Quinta Focused Drainage Study, City of Redlands Master Plan of Drainage, Smith Creek Prison Farm Channel, and City of Yucaipa Wildwood Basin 4.

JS&TM understands the need for the City of Hemet (City) and Riverside County Flood Control and Water Conservation District (RCFC&WCD) to complete design of this critical drainage facility and implementation in order to address the City’s ongoing drainage issues at Seattle Basin and provide a path forward for Tracts 36510 and 36759 by capitalizing on the timing of the design and construction of drainage improvements. We understand that this will be partnership project with the District, the City and the Developer for Tracts 36510 and 36759. The proposed system will consist of earthen open channel portion that will convey flows from the existing city-maintained Seattle Basin southerly along Cawston Avenue and westerly along Devonshire Avenue to just east of Myers Street. The system will continue across Myers Street as an underground reinforced concrete box (RCB) for approximately 600 feet southwesterly of Myers Street and Devonshire Avenue (West Hemet MDP Line C, Stage 2) and will continue to outlet into The City owned Ramona Creek Basin, which is part of Tract 36510. The District will be responsible for the operation and, maintenance of both Stage 2 and Stage 3 once the Ramona Creek Basin is constructed, confirmed by the District to be adequate outlet for the storm drain, and accepted by the City for public maintenance. The project will be funded by the District and fees collected from the Hemet Regional Area District Plan.

We understand the City’s urgency in ensuring that this project is completed, and adequate flood protection is provided to residents and to provide flood protection capacity for the additional proposed Tracts 36510 and 36759 developments. The project will require significant coordination with multiple agencies/stakeholders, and will involve detailed engineering design, hydraulic & hydraulic analysis, utility research, surveying & mapping, traffic control & construction staging, geotechnical investigations,

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page ii utility coordination, and post construction services. JS&TM has vast experience in storm drain design and rehabilitation and has successfully completed similar projects requiring the same design elements, within Inland Empire and throughout Sothern California.

The team we have assembled for this project has worked together over many years developing unique projects solutions and have been part of multiple award-winning projects within the region. The team has vast experience and expertise in providing storm drain design services, including hydrology & hydraulic analyses, preparation of PS&E, environmental documentation & permitting, public outreach and stakeholder involvement, full-service project management, and construction support services.

Both JS&TM principals have completed various projects within Riverside County and are very familiar with Riverside County storm drain design criteria and guidelines. We understand the County’s hydrology and hydraulics methodologies, guidelines, and procedures. Some of our recent clients include, City of Yucaipa, City of Riverside, City of Menifee, RCFC&WCD, San Bernardino County Flood Control District (SBCFCD), City of Beaumont, City of Norco, City of Temecula, City of Thousand Oaks, City of Laguna Beach, City of Rancho Palos Verdes, and City of La Quinta. JS&TM staff have been trusted technical advisers, partners, and reliable expert resources to our clients. Our team has been key in developing innovative project solutions and have designed and managed some unique award-winning projects in Southern California. We have the technical knowledge to quickly and efficiently perform the work summarized in the scope of services presented in the RFP, and help the City meets its goals on time and on schedule, by drawing upon our extensive knowledge and experience providing similar services.

Our Principal, Tim Muli, PE, CFM, QSD/P, LEED AP will be the Primary Contact to the City. He will be the working Project Manager and a Principal Engineer for the project. Tim is licensed in multiple states and has over 23 years of experience in Storm Drain Design. He is highly recognized and respected subject matter expert in storm drain system design, flood control engineering, and construction document preparation and has been involved in many private and municipal stormwater infrastructure projects throughout Southern California. Our other Principal, Jonis C. Smith, PE, CFM, Env SP, QSD/P will be the Principal In charge (PIC) for the project. Jonis brings over 29 years’ experience in storm drain system design, flood control engineering, and construction document preparation. He has great passion for stormwater engineering and a great appreciation for the often unnoticed yet invaluable contribution that Stormwater Engineers make to society and the quality of life of home and business owners. Mr. Smith has in-depth understanding of the behavior of stormwater and is able to weave his understanding of the interconnectedness of hydrology and hydraulics into his approach to stormwater engineering and design. Mr. Muli and Mr. Smith are supported by a strong team with vast experience and expertise in storm drain design, stormwater engineering, and construction support services.

Please find in a file our Fee Proposal. We appreciate the opportunity to submit this proposal to the City of Hemet and are available to begin work immediately. JS&TM has carefully reviewed this Request for Proposals (RFP) and we request no exceptions or deviations from the RFP. We are willing to enter into a contract with the City under the terms and conditions prescribed by the City of Hemet Professional Services agreement. Our proposal will remain valid for a period of not less than 180 calendar days from the date of submittal. Please do not hesitate to contact Tim Muli, PE at 949.378.0632 or [email protected] and Jonis Smith, PE at 949.212.0916 or [email protected] should you have questions or require further information. Please send all notifications to both Tim Muli, PE and Jonis Smith, PE, who are both authorized to bind JS&TM. We look forward to the opportunity to discuss our proposal with the city staff in greater detail.

Our company information is provided below:

Company Name: J. Smith & T. Muli, Inc
Location Address:
33161 Camino Capistrano, Suite-D
San Juan Capistrano, CA 92675
Website: https://www.jstminc.com/
Sincerely,
__________________________________ __________________________________ Tim Muli, PE, CFM, QSD/P, LEED AP Jonis Smith, PE, CFM, QSD/P, Env SP Principal Principal

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 1

2. TABLE OF CONTENTS

1. COVER LETTER ....................................................................................................................................................................i

2. TABLE OF CONTENTS........................................................................................................................................................ 1 SECTION I – EXPERIENCE & PROJECT UNDERSTANDING .............................................................................. 3 A. IDENTIFICATION OF PROPOSER...................................................................................................................................... 3 B. PROJECT UNDERSTANDING............................................................................................................................................ 4 Project Approach...............................................................................................................................................................5 Innovative or Advanced Techniques:...............................................................................................................................6 Project Management Approach .......................................................................................................................................6 Client and Stakeholder Engagement...............................................................................................................................7 JS&TM Quality Assurance.................................................................................................................................................7 Cost and Schedule Controls .............................................................................................................................................8 C. SCOPE OF SERVICES ........................................................................................................................................................ 8 I. PRELIMINARY DESIGN PHASE..........................................................................................................................8 TASK 1: RESEARCH & INVESTIGATION...............................................................................................................8 TASK 2: UTILITY INVESTIGATION / NOTIFICATION / COORDINATION...............................................................9 TASK 3: TOPOGRAPHIC SURVEY and MAPPING ................................................................................................9 TASK 4: GEOTECHNICAL ENGINEERING ............................................................................................................9 TASK 5: 30% CONCEPTUAL DESIGN PLAN ..................................................................................................... 10 II. FINAL DESIGN PHASE..................................................................................................................................... 11 TASK 6: HYDROLOGIC ANALYSES.................................................................................................................... 11 TASK 7: STORM DRAIN SYSTEM HYDRAULIC ANALYSES................................................................................ 11 TASK 8: 65%, 95%, & 100% PLANS SPECIFICATIONS AND ESTIMATES (PS&ES)......................................... 12 TASK 9: BASIS OF DESIGN REPORT FOR REGIONAL FLOOD CONTROL FACILITIES...................................... 12 TASK 10: PROJECT MANAGEMENT, MEETINGS, CONSULTATION & COORDINATION..................................... 13 TASK 11: PLAN AND PERMIT PROCESSING ...................................................................................................... 13 III. POST DESIGN SERVICES ................................................................................................................................ 14 TASK 12: BID SUPPORT SERVICES .................................................................................................................... 14 TASK 13: ENGINEERING SUPPORT DURING CONSTRUCTION ......................................................................... 14 D. EXPERIENCE & TECHNICAL COMPETENCE .................................................................................................................15 a) Company Overview.............................................................................................................................................. 15 b) Qualifications....................................................................................................................................................... 16 c) Similar Services................................................................................................................................................... 16 d) Local Experience ................................................................................................................................................. 16 e) In-House Resources............................................................................................................................................ 16

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 2 E. TEAM PROJECT EXPERIENCE AND REFERENCES ......................................................................................................17 F. SCHEDULE OF WORK .....................................................................................................................................................19 SECTION II – PERSONNEL ............................................................................................................................. 20 A. PROJECT TEAM ORGANIZATION....................................................................................................................................20 (a) Firm Staffing and Key Personnel........................................................................................................................ 21 Project Team Organization Chart: ................................................................................................................................. 23 (b) Subconsultants ................................................................................................................................................... 24 B. EXCEPTION OR DEVIATIONS FROM RFP ......................................................................................................................25 C. INSURANCE......................................................................................................................................................................25 D. LITIGATION .......................................................................................................................................................................25 SECTION III – FEE SCHEDULE ........................................................................................................................ 26 A. FEE SCHEDULE................................................................................................................................................................26 APPENDIX A.............................................................................................................................................................................27 Project Team Resumes.................................................................................................................................................. 27 APPENDIX B.............................................................................................................................................................................28 Project Schedule............................................................................................................................................................ 28

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 3 SECTION I – EXPERIENCE & PROJECT UNDERSTANDING
A. IDENTIFICATION OF PROPOSER
a. Legal name and address of the company.

Name
J. Smith & T. Muli, Inc.

Address:
33161 Camino Capistrano, Suite-D
San Juan Capistrano, CA 92675
949.329.3639
Website:
https://www.jstminc.com/
b. Legal form of company (partnership, corporation)
California S- Corporation
J. Smith & T. Muli, Inc. is not a subsidiary of any company. c. Name, title, address, and telephone number of the proposed representative to contact concerning the Proposal Submittal.

Tim Muli, PE, CFM, QSD/P, LEED AP
Principal, Project Manager
33161 Camino Capistrano, Suite-D
San Juan Capistrano, CA 92675
(O): 949.329.3639 (M): 949.378.0632
[email protected]
d. City Business License Number
JS&TM will acquire a City of Hemet Business License upon award of Contract

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 4 B. PROJECT UNDERSTANDING
The City of Hemet intends to design and construct the West Hemet Master Drainage Plan Line C – Stage 3, which will extend from Seattle Basin to approximately 600 feet southwesterly of Myers Street and Devonshire Avenue. The facility is located with the West Hemet Master Drainage Plan of the RCFC&WCD (District), which is tributary of the Ramona Creek Basin. The system is a critical drainage facility that when constructed will address the City’s drainage conveyance deficiencies at and downstream of Seattle Basin and will provide additional capacity needed for Tracts 36510 and 36759. The proposed project will be partnership project with the District, the City and the Developer for Tracts 36510 and 36759. Based on past studies by RCFC&WCD the system will consist of earthen open channel portion that will convey flows from the existing city-maintained Seattle Basin southerly along Cawston Avenue and westerly along Devonshire Avenue to just east of Myers Street. The system will continue across Myers Street as an underground reinforced concrete box (RCB) for approximately 600 feet southwesterly of Myers Street and Devonshire Avenue (West Hemet MDP Line C, Stage 2) and will continue to outlet into the City owned Ramona Creek Basin, which is part of Tract 36510. The District will be responsible for the operation and maintenance of both Stage 2 and Stage 3 once the Ramona Creek Basin is constructed, confirmed by the District to be adequate outlet for the storm drain, and accepted by the City for public maintenance. The project will be funded by the District and fees collected from the Hemet Regional Area District Plan.

We understand that the proposed system was sized based the RFCC&WCD master drainage plans hydrology.

Detailed review of the hydrology data will be necessary to ensure that the proposed design has the ultimate condition capacity. It will be important to ensure that the hydrology is in conformance with the current RCFC&WCD hydrology and hydraulics design manuals. Updates to the hydrology analysis will be performed as will be determined necessary, to develop the final basis of design for the proposed Line C – Stage 3 facility. The final hydrology data will be used as input in the hydraulics analysis to determine the required facility segments to address flood issues within this are of the City.

The project will assume the Ramona Creek basin is constructed. JS&TM understands the City’s plan for the basin to be constructed prior to or at the same time as the Line C storm drain so as not to have an interim condition. The Richland Communities owns the parcels along the proposed alignment and will dedicate the necessary right-of-way for the storm drain therefore right-of-way acquisition will not be necessary. JS&TM assumes that all environmental permitting requirements for the project and regulatory agency coordination will be performed by the City/RCFC&WCD.

Preparation of improvement plans for the proposed West Hemet Master Drainage Plan Line C – Stage 3 will involve the following engineering services:
• Detailed Research and investigations
• Utility investigations and modifications
• Conceptual design plan development
• Hydrology & Hydraulics analyses
• Final design plans – Storm drain, traffic control plans (65%, 95%, and 100% submittal) • Final Basis of Design Report
• Specifications & Estimates
• Construction services

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 5 Project Approach
The JS&TM Team’s approach to delivering this project is to utilize the data and information gathered as part of our research & field investigations, including topographic data, as-built plans, previous studies, past potholing report, geotechnical investigation report, and any available existing RCFC&WCD Master Drainage Plan reports for the area.

We will utilize the hydrology data acquired from the RCFC&WCD drainage Area Map/Master Drainage Plan for the project location. JS&TM will review the available hydrology for conformance with the Riverside County Hydrology Manual and in coordination with the City/RCFC&WCD make revision as will be determined necessary. Additional hydrology analysis will be performed to determine street flows that will need to be intercepted and conveyed into the proposed West Hemet MDP Line C – Stage 3.

The JS&TM Team will utilize the topographic mapping developed for the project area and splice it together with publicly available USGS or County of Riverside’s topographic data for the offsite areas to delineate the local project tributary subareas and prepare an existing condition hydrology map. Hydrology mapping will be performed using both AutoCAD Civil 3D and GIS. We will then perform a rational method hydrology analysis based on the guidelines and procedures outlined in the Riverside County Hydrology Manual, utilizing the CivilD hydrology program or other software acceptable to the City of Hemet and RCFC&WCD. The 10-year, 25-year, and 100-year peak flow data developed from this analysis will be utilized as input in the hydraulic modeling to design and size the proposed storm drain and inlets to provide a greater level of flood protection to city residents. Street flooded width analyses where necessary will be conducted using FHWA HDS-4 hydraulic analysis procedures embedded in FlowMaster hydraulic analysis software. Pipe flow hydraulics will be based on the Los Angeles County’s Water Surface Pressure Gradient for Windows (WSPGW) computer program distributed by CivilD software. All channel hydraulics will be performed using HEC-RAS. We will include detailed hydraulic flow profiles (HGL’s) for the facilities to demonstrate that the proposed improvements meet the required flood protection.

JS&TM’s project manager and Principal in Charge are both experts in the understanding and application of the Riverside hydrology and hydraulics guidelines and requirements and overall flood control engineering analysis.

We have designed and managed many projects throughout Southern California involving both simple and complex hydrology and hydraulics modeling, storm drain design ranging from small diameter storm drain systems to large regional facilities. We have extensive experience with designing new storm drain in and crossing existing roads. We understand the complexities of constructing such projects and the importance of choosing the most feasible, greatest benefit, least disruptive, storm drain horizontal and vertical alignment.

We also understand the importance of correctly sizing the facility to provide the desired level of flood protection while providing the most efficient design by safely using the roadway for excess conveyance (surcharge) in extreme and rare 100-yr storm events.

The JS&TM Team will coordinate with RCFC&WCD, City of Hemet, and utility agencies to minimize the possibility of construction delays and change orders and to ensure that City’s project objectives are met within the projected schedule and project budget. JS&TM will prepare all required project submittal packages, including necessary technical background information and data related to the hydrological mapping and assumed hydrologic input parameters, which will form part of the Basis of Design of the proposed improvements. JS&TM staff will be available to work with the city, RCFC&WCD staff, and utility agencies, to ensure that there a smooth project submittal review process and all comments are addressed and missing information or suggested revisions to the plans/reports made promptly and to the satisfaction of the reviewer.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 6 Our team will prepare well thought out traffic control and staged construction plans aimed at minimizing street closures during peak times, ensuring access by emergency vehicles is provided at all times, and that the city residents have unimpeded ingress/egress to and from their homes throughout the construction period. We assume that the City/environmental team will begin documentation for the project and file project Notice of Exemption (NOE) early in the project after the facility alignment and sizes are determined to ensure that the NOE filing does not cause any construction delays.

During the preliminary design phase JS&TM will also perform a thorough utility research and identify the location of existing utilities to be potentially in conflict with the proposed facilities. We will also verify all utility easements and locations, as well as identify need for encroachment permits. This information/data, including JS&TM’s West Hemet MDP Line C-Stage 3 alignment recommendation will be presented to the City as exhibits/summary reports as part of the Conceptual Design Plan submittal for review and approval before proceeding with encroachment permit process. The Conceptual Design Plan Review Meeting will summarize all City’s comments and suggestions, to be incorporated into the design as the project moves to the final design stage.

Innovative or Advanced Techniques:

JS&TM is an innovative firm and has a definite demonstrated ability to employ innovative approaches to business fiscal management, business operations management, client management, project management, technical problem solving, and business administration. We are intentionally quite different from other firms.

As a small firm we focus on efficiency and work quality. To achieve optimal efficiency in delivery of services we utilize smart technology. Our team is well versed in the several CAD platforms including GIS, Civil 3D and Microstation Suite. JS&TM owns key computer software and licenses necessary for the execution of the work to meet County’s needs for project projects, including AutoCAD & Civil 3D, SmartDraft, MicroStation, QGIS and hydrology & hydraulic modeling packages like HEC-RAS, AES, WMS, WSPGW, FlowMaster, and others. We utilize an innovative approach to project execution by utilizing standardized meeting agendas and meeting milestones. This approach provides a guideline to facilitate thorough and effective communication between the design team and the client.

Project Management Approach
Tim Muli, PE, CFM, QSD/P, LEED AP, will serve as Project Manager and will be the primary point of contact with the city during the life of the agreement. Tim will be supported by Jonis Smith, PE, CFM, QSD/P, ENV SP, who will act as Principal in Charge.

The Key to Excellent Project Management is Excellent, Timely, Frequent, Effective communication. To be a Project Manager at JS&TM you must have a demonstrated talent for delivering excellence and client service.

Our Project Managers are highly experienced technical experts that are trained in Project Management and Client Management. Being very experienced is not sufficient to make one a project manager at JS&TM. In this project, JS&TM will provide hand-on project management and coordination of project elements to ensure completion on time. This includes active coordination with various staff at the City of Hemet, RCFC&WCD, Utility agencies, as necessary to seek and obtain timely information to keep the project going on schedule and on budget. Monthly meetings will provide detailed project status updates, project schedule, and will address any questions/concerns. Tim Muli has enormous amount of experience managing similar storm drain design projects requiring coordination with multiple agencies, including hydrology & hydraulic modeling, traffic control and staged construction design, geotechnical investigation, environmental permitting, and utility research & coordination, and will dedicate his time to ensure that City’s needs on the project are met

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 7 JS&TM understands that excellent communication is critical for the success of any project. We believe the way to be excellent at project management is to be excellent at communication. So, our approach to every project is to communicate effectively and frequently, as well as having clear and organized coordination amongst all members of the design team from the beginning to the end. Upon receipt of a Notice to Proceed we will contact the City Project Manager to setup either an inperson Kickoff meeting or online Kickoff conference (Teams/Zoom/WebEx/etc.) in accordance with current City policy and the personal preferences of the city Project Manager. A good meeting agenda provides a script for effective communication in the project meetings. As part of project management, JS&TM will prepare monthly status reports detailing work completed, schedule status, and budget remaining at the task level along with the invoice.

Client and Stakeholder Engagement
The key to excellent client and stakeholder engagement is Excellent, Timely, Frequent, and Effective communication. This is not a talent that comes naturally to many Civil Engineers. However, in order to be a Project Manager at JS&TM you must have a demonstrated talent for communication. We pride ourselves on being purposeful about keeping clients informed and abreast of project developments. We are a serviceoriented firm. Our job is to serve the Client and their best interests. It is our duty to interact with stakeholders with integrity and honesty. We fulfill the role of serving our clients best interest and keeping stakeholders informed with reliable honest information by simply being ourselves. We live by a code of ethics that includes honesty and integrity and we uphold that code in our interactions with clients and stakeholders alike. We find in person meetings with clients and stakeholders are best to achieve effective communication. So, we prefer in person meetings. If that is not possible or not preferred by the client and/or stakeholder, we will engage them on any of the online platforms (Teams/Zoom/WebEx/GoToMeeting/etc.) We have profound respect for our clients and the project stakeholders. So, we come prepared to meetings. We prepare meeting agendas and circulate ahead of time so that the topics of discussion are known. We respect each person’s time, so we do our best to keep the discussion focused on the planned topics. We find that exhibits are “worth a thousand words,” so we prepare exhibits to support the meeting. We bring two team members to meetings, one to lead the meeting and the other to support and take notes. This is a people business in a people world. We do our best to communicate effectively with the people involved in your projects.

JS&TM Quality Assurance
JS&TM has an internal Quality Assurance and Quality Control program devoted to ensuring that our deliverables meet our internal standard of excellence and quality before they are submitted to clients and review agencies. Our QA/QC program has three (3) distinct phases that are an integral to building and maintaining a reputation of Excellence. Every project deliverable is internally reviewed using our 3-Step-2- Party QA/QC process to ensure that the deliverables adherence to the project scope of work, project goals, and objectives, design standards, and the JS&TM standard of excellence and quality. 3-Step-2-Party QA/QC Process
• Step-1 begins with internal peer review by a Senior Engineer with a minimum of 20-yrs experience that was not involved in the preparation of the submittal documents. The Senior Engineer thoroughly reviews the contract scope of work to verify project goals, objectives, design standard, and deliverables. Next the Senior Engineer will review all submittal documents for adherence to the Frequent and Effective
Communication is a Hallmark
of Good Project Management

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 8 project scope of work, project goals, and objectives and design standards. The Senior Engineer will then document comments and nonconformance issues and return to the project engineer. • Step-2 begins with the project engineer reviewing each comment/issue identified by the Senior Engineer. Next the Project Engineer will address each comment. The Project Engineer will then perform a self-back-check of his/her own work to make sure all comments have been addressed. • Step-3 begins with completion of the self-back-check and the Project Engineer setting up a QA/QC Verification Meeting with the Senior Engineer. The QA/QC Verification Meeting is led by the Project Engineer. In the meeting the Project Engineer presents to the Senior Engineer how each comment was addressed. At the end of the meeting both the Senior Engineer and the Project Engineer sign a Quality Assurance Worksheet certifying that the 3-Step-2-Party QA/QC procedure was completed, the subject deliverable documents meet JS&TM quality standards and are ready for submittal.

Cost and Schedule Controls
The key to effective cost controls is to keep the project moving forward, to keep the project team engaged on the project, and adherence to the project scope of work. In order to keep the project moving our Project Managers are trained to engage the project team on a weekly basis, set goals for each week, and track progression of project development on a weekly basis in order to keep all project members (client, subconsultants, and internal project team members) focused on doing their part in delivering the project in progressive increments. Projects that linger or stop and restart are projects that go over budget. So, we put tremendous effort into keeping projects moving forward. That is the most effective method to ensure budget adherence and timely delivery. We track past project costs and project future project costs to allow for early identification of potential project cost issues. Strict adherence to the contract scope of work and contract budget can be achieved through timely and continuous communications among the project team. This monitoring is accomplished using our project Time/Cost tracking tools The Time/Cost tracking tool also provides the Project Manager with a detailed accurate tracking of services provided that is provided as backup for invoices. Invoices are reviewed by the Project Manager for accuracy and then sent out to the client in the 1st week of each month.

C. SCOPE OF SERVICES
As a part of this project, the JS&TM Team will perform all project tasks outlined in the Scope of Services, which will include the following:

I. PRELIMINARY DESIGN PHASE
TASK 1: RESEARCH & INVESTIGATION
JS&TM will provide preliminary field and site research services to collect and review existing background data.

Data collection includes right-of-way documents, existing utilities plans, soils, and geologic information, "asbuilt" construction drawings for the regional channel facilities, existing drainage reports and master drainage plans, previous project reports, and proposed development plans. In addition, a field reconnaissance investigation of the project area will be performed. The field investigation will include a verification of the site conditions and accuracy of as-built plans and maps. All existing data compiled during the research and data collection process will be compiled and summarized on the base sheets. An existing conditions discussion and will be included in the basis of design report.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 9 TASK 2: UTILITY INVESTIGATION / NOTIFICATION / COORDINATION JS&TM will perform a detailed field review investigation of the West Hemet Line C – Stage 3 and identify the utilities within the project footprint where underground system is utilized. We take responsibility for identifying and resolving utility conflicts encountered within the project footprint on the surface, below ground, and overhead. Existing utilities within the project footprint will be shown in both plan and profile view and the disposition thereof will be specified and defined on the construction plans. We will determine the available information related to potential existing utilities within the project area or future utility projects that may be impacted and coordinate with the utility owners. The initial research will include notification of the potentially affected utility companies and researching available plan information and ownership information which will be incorporated into the project plan view “base sheet “database. The proposed project design features will be coordinated with representatives of the utility companies to determine precise information on the location, type, size, conduit material, and use of the utility facilities. JS&TM does not anticipate any potholing of any existing underground utilities within the reaches where these underground systems are proposed. We anticipate this to be a small task and only covering portions where the proposed system crosses the roadways.

TASK 3: TOPOGRAPHIC SURVEY and MAPPING
JS&TM team member GIS Surveyors will provide topographic survey of the project. The proposed facility alignment will be surveyed. This will extend to also cover the full width Cawston Avenue and Devonshire Avenue and provide enough information to design and install storm drain laterals that will run from the streets and discharging into the proposed channel. A detailed ground survey will be conducted to capture visible ground features and utilities within the proposed alignment to develop a topographic base map specific to the needs of this project. The survey will be based upon the 1988 North American Vertical Datum (NAVD88). The horizontal control system for the survey will be the 1983 North American Datum (NAD83) Zone-V California State Plan Coordinate system. Ground features captured in the survey will include horizontal and vertical data necessary to assist with placement of proposed West Hemet MDP Line C- Stage 3, and storm drain laterals that convey roadway drainage from Cawston Avenue and Devonshire Avenue. JS&TM team member GIS Surveyors will develop a detailed 1-foot contour interval map including ground features, improvements, utilities, traffic delineators, light post, utility poles, signs and posts, walls, etc. located within the alignment and the immediate adjacent street as will be necessary for design of proposed improvements.

Undisturbed ring samples of the subsurface materials will be obtained at 5-foot intervals, at changes in soil profiles, or where unusual conditions are encountered. The relatively undisturbed ring samples will be obtained using a Modified California Sampler (2.4-inch inside diameter and 3.0-inch outside diameter) lined with thinwalled sample rings. The sampler will be driven into the bottom of the borehole with successive drops of a 140- pound hammer falling 30 inches. The number of successive drops of the driving weight (“blows”) required for each 6 inches of penetration will be shown on the boring log. The soil will be retained in brass rings (2.4 inches

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 10 in diameter and 1.0 inch in height) and carefully sealed in waterproof plastic containers for shipment to the laboratory. Bulk samples of representative soil types will be collected in plastic bags from various depths and within a 5-foot zone of the pipe elevation. Groundwater levels, where encountered in the borings, will be recorded.

Laboratory Testing
Converse will perform Laboratory Testing of soil samples. Laboratory testing may include, but not necessarily be limited to, the following:
• In-place moisture and density
• R-value
• Sand equivalent
• Soils corrosivity
• Sieve analysis
• Laboratory maximum density
• Direct Shear
Geotechnical Engineering Analysis and Geotechnical Report Data obtained from the field investigation and laboratory tests will be evaluated. Engineering analyses will be performed to prepare a geotechnical investigation report. The report will include the following items:
• Project description.
• Present condition of the street along the storm drain alignment. • Logs of the exploratory borings.
• Depth of groundwater and bedrock, if encountered.
• Existing pavement structural section at boring locations. • Discussion on the laboratory test results including soils corrosivity. • Local Geology and faulting.
• Seismic parameters based on 2022 California Building Code. • Liquefaction potential along the SD alignment based on available information. • Allowable soils bearing pressures.
• Allowable at-rest, active, passive and seismic lateral earth pressures. • RCP pipe bedding recommendation in accordance with RCFCD/City of Hemet. • Excavatibility of the soil along the storm drain alignment. • Stability of temporary trench excavation.
• Shoring design and construction recommendations.
• Suitability of excavated materials for use as bedding and backfill. • Pipe subgrade preparation recommendation.
• Trench backfill recommendation.
• Asphalt Concrete pavement section based on traffic indices provided by the City of Hemet. • Street subgrade preparation recommendations.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 11 on the 100-yr level of flood protection. Preliminary hydraulic analyses of the system will be optimized to ensure that the minimum facility size is determined to provide the required level of flood protection. Constraints will be studied which include minimization of utility conflicts, location of proposed local inlets, and storm drain laterals. JS&TM assumes that no potholing will be necessary to design and install any proposed storm drain laterals. Map exhibit will be included in the conceptual storm drain design plan to aid in evaluation of the proposed alignment and location of facilities, including any effects on existing utilities. A rough order of magnitude construction cost opinion will be generated to aid in the providing direction to JS&TM. The plan will be developed at 1” = 40’ scale on the digital topographic base map and/or aerial photography developed by the JS&TM team.

II. FINAL DESIGN PHASE
TASK 6: HYDROLOGIC ANALYSES
JS&TM will utilize hydrology data acquired from the RCFC&WCD for the sizing of the proposed West Hemet Line C-Stage 3. We also anticipate prepare a rational method hydrologic analysis for the sizing of the local inlets within the adjacent streets. The hydrology analysis will utilize the current Riverside County design criteria and methodology for calculations consistent with the latest version of the Riverside County Hydrology Manual. All Rational Method calculations will be performed using CivilD for Riverside County Rational Method analyses and/or spreadsheet calculations following the Riverside County hydrology methodology. JS&TM will develop a hydrology map to determine the tributary areas. The map will delineate the subarea boundaries, hydrology soil types, landuses, concentration points, conveyance reaches/flow paths, and inlets/catch basins. The hydrology map will include a legend key and a logic diagram to aid in correlating the map to the hydrologic analyses. The tributary subareas will be delineated based upon topography, existing and proposed inlets, and proposed and historical surface flow patterns. The watershed hydrologic parameters will be developed based upon guidance provided in the Riverside County Hydrology Manual and field observations. The results of the hydrologic analyses will be provided in the Basis of Design report to document methodologies, procedures, findings, and results of the hydrologic analyses for the project.

TASK 7: STORM DRAIN SYSTEM HYDRAULIC ANALYSES
JS&TM will provide engineering services for the hydraulic analysis of the West Hemet MPD Line C-Stage 3 system indicated on the construction drawings and based upon the design discharges from the RCFC&WCD Drainage Master Plan and those calculated by JS&TM for the laterals draining the streets. Work under this item shall include hydraulic calculations for the mainline and tributary storm drains laterals and inlets. JS&TM will also verify proposed system hydraulics to ensure that the hydraulic grade line in a 100-yr storm is contained in the proposed facility and would not spread onto private property. Analysis of the storm drain hydraulic gradient shall be performed utilizing HEC-RAS for the open channel potions and the Los Angeles County "Water Surface Profile Gradient Program" (WSPG) or the windows-based version distributed by Civil-D called WSPGW for the closed conduits. JS&TM will utilize FlowMaster and FHWA roadway drainage analysis software HY-8 and Hydraulic Toolbox for analysis and design of roadway surcharge flow, gutter flow hydraulics, catch basin inlet hydraulics, and catch basin lateral inlet hydraulics. The final design water surface (HGL) will be indicated on the profile drawings and at all proposed inlets. The proposed laterals draining the roadways will be sized based City of Hemet/ RCFC&WCD criteria for storm drain laterals.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 12 TASK 8:65%, 95%, & 100% PLANS SPECIFICATIONS AND ESTIMATES (PS&ES) Plans - The JS&TM Team will prepare construction plans, construction specifications, and construction cost estimates (PS&Es) at the 65%, 95%, and 100% level of completeness for the proposed West Hemet MDP Line C-Stage 3 and all local laterals within the proposed alignment limits. Construction plans will be prepared on standard Riverside County or as will be directed by the City Engineer. The plans will utilize the compiled base sheet information from research, utility investigation, and survey data. Utilities within the project footprint will be identified and located on the plans. Utility crossings will also be shown in the profile view where applicable.

The construction plans will include the necessary horizontal and vertical geometric information and data required to construct the proposed storm drain, pavement, and sidewalk improvements. All necessary construction details and drawings needed for clarification of proposed facilities and special situations will be included in the construction drawings.

Specifications – JS&TM will prepare the Special Provisions portion of the Construction Specifications and Contract Documents suitable for bidding and awarding of the Contract for the proposed improvements based upon sample special provisions provided by the City of Hemet for guidance. The special provisions can be incorporated into the City of Hemet’s standard construction document specification package. The City shall provide JS&TM with the City standard "boiler plate" document front end specification language. The fee for this work item is based on the preparation of one master set of special provisions for the proposed improvements to be constructed in a single discreet construction project. Specifications for the project will conform to the most recent applicable standards and specification from:
• City of Hemet
• RCFC&WCD
• Standard Specifications for Public Works Construction (Greenbook) Estimates – JS&TM will prepare a construction cost estimate commensurate with the level of completion of the plans set. Construction quantities will be determined from the plan set construction items. Unit costs for construction items will be based upon available City of Hemet and RCFC&WCD unit costs and bid records from recent project or available bid records from recent public works projects in Riverside County 80 TASK 9:BASIS OF DESIGN REPORT FOR REGIONAL FLOOD CONTROL FACILITIES JS&TM will prepare a Basis of Design Report for the proposed West Hemet MDP Line C-Stage 3. This report will present the proposed drainage facilities, details of the design hydrologic and hydraulic analyses, and discussion of the proposed facilities. It will serve as the technical documentation for the design and intended operation of the proposed facility (s). This report will include hydrologic information, design criteria, constraints, design assumptions, technical references, facility operation, and levels of flood protection provided for the 10-, 25-, and 100-yr storm events, detailed channel hydraulics / water surface profile, and facility sizing, as well as maintenance requirements and access provisions. The study will identify the physical project constraints, design criteria, and engineering decisions employed in designing the proposed storm drain and associated facilities. The following is the expected Table of Contents for the Basis of Design Report:

Table of Contents
• Introduction and Technical Background

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 13 • Existing Conditions and Existing Drainage Facilities
• Previous Studies
• Design Criteria
• Design Methodology
• Hydrology & Hydraulics
• Estimated Construction Costs
• Maintenance Requirements and Access Provisions
• Recommendations
• References
TASK 10: PROJECT MANAGEMENT, MEETINGS, CONSULTATION & COORDINATION JS&TM will provide project management to guide the project through the design and construction process.

JS&TM will coordinate with other consultants to ensure effective communication amongst all consultants.

During the preliminary design phase, JS&TM will meet and confer with City staff on a regular periodic basis to resolve design issues and ensure design continuity with RCFC&WCD/City standards and project goals. JS&TM will provide consultation and guidance to the City of Hemet and provide coordination with the District on technical issues related to the project. We will also meet with the City’s consultants, community stakeholders, and review agencies such as RCFC&WCD at the City's direction. We anticipate hosting/participating/leading inperson or online meetings/conferences in the preliminary design phase to meet ensure the project is on track to meet City goals.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 14 III. POST DESIGN SERVICES
TASK 12: BID SUPPORT SERVICES
JS&TM will provide post design bid support services to the City of Hemet. The anticipated bid support services include the following:
• Assistance with preparation of bid package – JS&TM will prepare a bid item quantity sheet for the contractors to use for bidding, JS&TM will prepare a specifications package using City Hemet standard front-end documents for distribution to bidding contractors, JS&TM will prepare an Engineer’s of Construction Costs
• Pre-bid meeting attendance and participation - at the Pre-bid meeting, JS&TM project engineers will present the project to bidding contractors, describe the improvements to be constructed, and answer questions regarding the facility design and construction documents. • Provide official response to contractor questions during bidding – JS&TM will accept contractor questions during bidding, post/publish questions as directed by City staff, provide official answers/clarifications to questions, and post/publish answers and clarifications as directed by City staff.
• Provide Bid Addendum Documents – JS&TM will prepare bid addendum documents if needed in response to questions/clarification and post/publish/circulate as directed by City staff.

TASK 13: ENGINEERING SUPPORT DURING CONSTRUCTION
JS&TM will provide engineering support services during construction of the project which will include the following:
• Attendance of a pre-construction meeting - At the pre-construction meeting, JS&TM project engineers will describe the improvements to be constructed and answer questions regarding the construction documents, project specifications, material quantities, facility design, traffic control, construction staging and phasing, material selection, alternative materials, utility relocation, utility coordination, etc.
• Review and response to Requests for Information (RFIs) – JS&TM will receive RFI, review RFIs, and provide timely (same day) response to contractor RFIs and distribute/post/publish RFI responses as directed by City staff
• Review and response to contractor Submittals and Shop Drawings - JS&TM will receive contract material submittals and shop drawings, review submittals and shop drawings, and provide timely (same day) response to contractor submittals and shop drawings and distribute/post/publish responses as directed by City staff
• PS&E Delta Revisions – Sometimes unknown conditions are discovered during construction which require design revisions. If this occurs, JS&TM will provide delta revisions to the project plans and specifications as needed to revise design for conditions discovered during construction. JS&TM Project Engineers will observe the condition on site, obtain survey information, if needed, and revise construction plans and process delta revisions with the City of Hemet and RCFC&WCD as needed to obtain design revision approval.
• Attendance of construction meetings / field meetings – JS&TM will attend regular construction field meetings and lead design related discussions to provide answers to design questions and provide requested information to the contractor.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 15 • Preparation of As-Built Drawings –upon completion of construction, JS&TM will prepare an as-built set of final working drawings and specifications. No later than 30-days after substantial completion of the Project, JS&TM will review and forward the Final Working Drawing and Specifications with all changes made by change orders or otherwise pursuant to the construction documents a set of as-built drawings and specifications. The as-built drawings will show the location of concealed pipes, buried conduit runs, and other similar elements within the completed project. JS&TM will obtain certifications from field inspectors and the contractor that the drawings are correct. JS&TM will provide a signed and stamped set of record drawings both printed and in pdf format.

OPTIONAL TASKS
TASK 14: ENVIRONMENTAL PERMITTING/CEQA
JS&TM assumes that all environmental permitting requirements for the project and regulatory agency coordination will be performed by the City/RCFC&WCD. JS&TM can however provide these environmental permitting documentations and processing at an additional fee.

D. EXPERIENCE & TECHNICAL COMPETENCE
a) Company Overview
JS&TM is a debt-free employee-owned firm with a mission to provide excellent no-nonsense Civil Engineering services to clients who are building California’s Infrastructure. We are not an all services firm. Instead, we provide a focused set of services and we do it with Excellence and Great Passion. We employ senior level Professional Engineers to actively design and work on projects preparing Floodplain Maps, Plans, Specs, and Estimates (PS&E’s), and preparing planning documents for stormwater infrastructure projects. Currently we have two Principal Engineers with a combined total of over 52 years of experience providing Infrastructure Engineering Services throughout Southern California and 2 CAD Technicians. We also have agreements with Senior Civil Engineers each with over 30 years’ experience that can be employed on an as needed basis. This staffing arrangement allows us to keep our rates low and maintains a focus on efficient and expedient project delivery.

Whether the projects are large scale planning projects, such as large floodplain mapping, drainage master plans, or design of hardened infrastructure such as flood control channels, levees, or storm drains, or they are soft infrastructure such as recreational parks, lakes/ponds, or recirculating aesthetic streams, we have the staff that has the ingenuity to deliver creative and sensible, innovative, cost-effective design solutions for your unique and challenging projects.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 16 b) Qualifications
The Qualifications of JS&TM are the qualifications of its staff.

Professional Civil Engineering Services firms provide the Civil Engineering Services that the people who make up the company are able to perform. Our staff has an immense amount of experience providing in storm drain infrastructure design, advanced hydrology & hydraulics modeling, flood control engineering, and project management services and have the capacity and experience that meet the requirements
summarized in the RFP, which include the following:
• Experience of Project Supervisor
• Experience of JS&TM Team
• Experience with Similar Project
• Project Management
c) Similar Services
The JS&TM team has worked with different municipalities within the inland empire in many integrated planning, environmental, and storm drain infrastructure design services. We have successfully delivered design engineering and planning services on many projects with similar elements those identified in this City RFP.

Specific examples of similar projects within Riverside and San Bernardino Counties include:
• SBCFCD’s West Fontana Channel Stormwater Quality BMP Design Project • RCFC&WCD’s Mockingbird Channel Restoration Project
• City of Yucaipa Drainage Master Plan
• City of La Quinta Focused Drainage Study
• City of Redland Master Plan of Drainage
• Smith Creek Prison Farm Channel
• City of Yucaipa Wildwood Basin 4
• City of Yucaipa Dunlap Boulevard Bridge Replacement
d) Local Experience
JS&TM has not had a specific project with the city since its inception in January of 2022. However, JS&TM staff know the city well and worked on many projects within Riverside County and neighboring Riverside County. Our team has enormous experience using the Riverside County hydrology and hydraulics local design guidelines. We are well versed with the Riverside hydrology methodology and have used all the approved the RCFC&WCD software that will be applicable for this project. JS&TM understands the RCFC&WCD & City’s needs as well as the drainage challenges associated with the project and we will align our resources with the goals of the city for this project. e) In-House Resources
JS&TM owns and maintains the required computers, software, and networking capabilities to serve the City needs and deliver the project. We know that the utilization of computer technology, including The City team had a great experience with Tim
Muli on the complex Haigh Road Storm Drain
Project, notably on his efforts leading up the
design and engineering for the project, including
the utility coordination and public outreach for
the project. He also played a key role in support
ensuring the project was completed successfully
with his strong support during the construction
phase of the project.

Nader Heydari
Deputy Director / City Engineer
City of Thousand Oaks

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 17 collaboration tools, ensures accuracy, enhances productivity, increases efficiency, and lowers overall project and associated overhead costs. Some of the work efficiency tools we use in virtual environment include Bluebeam Studio, MS Teams, MS One Drive, and other virtual collaboration platforms.

Bluebeam Studio: JS&TM proposes to use Bluebeam Studio for increased efficiency during project reviews and the QA/QC process. We have used Bluebeam studio tools in past projects, which increases efficiency in project delivery. Bluebeam studio allows everyone to work from the most recent version of a drawing, with the ability to track whether an issue has been resolved or not. The tool allows real-time collaboration with stakeholders so that everyone can see the same document on their computer screen, during project progress meetings.

Virtual Work Environment: JS&TM staff are well trained in use of all modern industry used virtual platforms. Our team started using virtual meeting platforms even prior to COVID era, to coordinate in projects with team members in various locations. We can use MS Teams, WebEx, Zoom, or any other platform preferred by the city to facilitate virtual meetings.

Computer Software/Licenses: JS&TM together with its partners on this project owns all the computer software and licenses that are necessary for the execution of the work to meet City’s needs for the project, including but not limited to AutoCAD & Civil 3D and hydrology & hydraulic modeling packages like HEC-RAS, WSPGW, FlowMaster, and Advanced Engineering Software (AES). JS&TM has assembled a complete team with all the skill sets and experience needed for this project.

E. TEAM PROJECT EXPERIENCE AND REFERENCES
Project Name, Client, Reference, and Brief Description
Upper Wildwood Creek Basin, City of Yucaipa, Fermin Preciado, 909.797.2489 & Landon Kern 909.797.2489 Ext 288, [email protected]
JS&TM team provided engineering design services for City proposed multi-purpose flood control basin with appurtenant channel and preliminary street improvements within Wildwood Creek at the confluence of two tributaries. Project involved basin flood routing, hydraulic modeling, and preparation of detailed construction documents. The goals of the project were to reduce peak flows, provide groundwater recharge, and habitat preservation and restoration as part of the Wildwood Creek Watershed Management Plan. This is a current ongoing project and upon completion will also add benefit with respect to groundwater recharge, water quality, desilting, environmental restoration, and recreational trail usage.

Dunlap Boulevard Bridge Replacement Project, City of Yucaipa, Landon Kern, 909.797.2489 Mr. Muli was the Project Manager and Mr. Smith was the lead Project Engineer. Mr. Muli led a design team to develop a plan to remove and replace the existing Dunlap Blvd Bridge at Wilson Creek Channel with a new prefabricated steel bridge structure while avoiding impacts to Waters of the US and Dept of the Army 404 Permit. The goal of the project is to increase conveyance capacity of Wilson Creek at the bridge crossing and reduce flooding associated with 100–year and greater storm events. This project is located along Wilson creek between 14th street and the I-10 freeway, just southeast of Dunlap Boulevard and 14th Street intersection. The existing bridge opening is a triple 12’ (W) X 12’ (H) and is undersized, with no capacity to convey a 100-year storm.

Washington Street Drainage Improvements Phases 1 & 2, City of La Quinta Bryan McKinney, 760.777.7045 JS&TM team assembled here provided engineering services for refining the drainage analysis and preparation of construction documents for two of the five major flooded areas identified as part of the focused drainage study previously prepared by the JS&TM staff. The two locations were Washington Street near the main entrance of Lake La Quinta, and Washington Street and Avenue 50. The project refined XPSWMM 1D/2D analysis of the 250 year/1-hour storm event for both sites.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 18 Project Name, Client, Reference, and Brief Description
Haigh Road Drainage Channel Improvements, City of Thousand Oaks, Nader Heydari, Civil Engineer, 805.449.2392, [email protected]
The project included the rehabilitation design for approximately 1,234 linear-foot of 5-foot wide-open channel with reinforced concrete invert, and reinforced CMU block walls. There was existing 15-foot-wide storm drain easement along the west channel wall. A large compound headwall/junction structure exists at the upstream end of the channel where the system transitions from a 60-inch RCP and a 36-inch RCP to the open channel that conveys runoff from upstream tributary areas. Tim Muli was the project Manager on this project.

Laguna Canyon Channel Improvement Project-Beach Street to The Ocean, City of Laguna Beach, CA Tom Perez (949) 464-6688, [email protected]
JS&TM prepared final PS&E for 1,000 linear feet of channel rehabilitation for the F-01 Laguna Canyon Channel extending from Beach Street to the ocean outfall at Main Beach. The downstream reach of Laguna Canyon Channel was severely dilapidated due to its age and constant exposure to ocean water. The 16’x9’ RCB channel was constructed in 1920 and was beginning to fail due to steel reinforcement corrosion and swelling causing cracking and spalling in the concrete. The open channel transition structure located upstream of Beach Street was a known flooding source to Downtown Laguna Beach. Watch the video at the link provided here from the 22 second mark to observe the flooding that the previous transition structure caused.

Mockingbird Canyon Restoration Project, Riverside County, CA, Helio Takano, 951.9551270 JS&TM is part of a team that is providing construction documents (PS&E) for this project that will address more than a 40-year history of flooding, erosion, and sediment movement in Mockingbird. Proposed improvements will cover approximately 2 miles of the Mockingbird Canyon Wash, stretching from just upstream of the Pennington Place bridge to approximately 500 feet downstream of the Van Buren Boulevard Culvert crossing. The entire design concept for the project was developed by the JS&TM staff.

City of Temecula Drainage Master Plan, City of Temecula, CA Shawna Bennetts, 951.506.5167, [email protected]
Preparation of City of Temecula drainage master plan to identify all drainage courses within the city, with the focus on identifying the drainage infrastructure that is the City’s responsibility. In addition, the drainage master plan will also recommend drainage infrastructure improvements to improve the system capacity and function.

La Quinta Village Road Diet Tampico Trunk Storm Drain, City of La Quinta, Bryan McKinney, 760.777.7045, [email protected]
Final improvements and reconstruction, PS&E for the Calle Tampico to alleviate flooding and reduce the risk of future catastrophic flood events in this area of the city. This project was identified as a high priority CIP as part of the focused area drainage study previously performed by JS&TM staff. The focused study evaluated the flood risk associated with extreme storm events and identified potential drainage improvements to reduce future flood damage and increase public safety if or when extreme storm events occur.

Storm Drain Deficiency Improvements FY 16-17, City of Rancho Palos Verdes, Ron Dragoo, 310.544.5222, JS&TM staff prepared construction plans for the City’s FY 16-17 storms drain infrastructure improvement program, which is part of City’s ongoing effort to improve its aging storm drain infrastructure. These improvements follow the recommendation of the 2015 Master Plan of Drainage (MPD), which is part of a comprehensive infrastructure rehabilitation program. The project covered improvements identified on the MPD as priority 1, that are located in three separate drainage areas, namely: Los Angeles Harbor East, Palos Verdes Estates North, and Palos Verdes Estates West.

The project involves a comprehensive planning and design process that include review of existing information, CEQA

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 19 Project Name, Client, Reference, and Brief Description
documentation, analysis and identification of the final required improvements, engineering design of these improvements (plans, specifications, estimates), bid analysis & preferred bidder identification, construction support, and update of City’s GIS database with As-built plans.

South Norco Channel, Stage 2, Norco, CA, City of Norco & RCFC&WCD, Andy Leung, PE, 951.955.1268, [email protected]
JS&TM proposed Project Manager also served as a Project Manager in this RCFC&WCD project that replaces nearly 5,800 feet of mainline channel with a new channel that is sized to contain the 100-year storm event. Services include data collection, design survey, hydrology, hydraulics, channel concept plan and final PS&E, environmental documentation, regulatory permitting and FEMA floodplain mapping and processing West Fontana Channel Water Quality BMP Project, City of Fontana, David Drake, 909.387.7963, [email protected]
JS&TM Staff prepared improvement plans for a linear BMP along West Fontana Channel to capture local runoff from industrial land uses and treat runoff in the BMP before discharging to the West Fontana Channel. The project consisted of constructing a vegetated swale and linear basin that would capture runoff from the local tributary watershed and treat runoff up to the 85th percentile design storm before discharging to the West Fontana Channel via side weir spillways.

F. SCHEDULE OF WORK
JS&TM has included a project schedule in Appendix B for the City’s reference. The JS&TM Team estimated project kickoff is in early July of 2024 with the project to be completed in ten (10) months from Notice to Proceed (NTP). The projected project schedule is included in Appendix-B

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 20 SECTION II – PERSONNEL
A. PROJECT TEAM ORGANIZATION
The JS&TM Team has worked together for many years on numerous projects. The team members are experts in their respective fields. As a team we focus on project delivery. We keep the project moving and get it done efficiently and quickly. JS&TM will be the lead consultant. • J. Smith & T. Muli, Inc. (JS&TM) is a Civil Engineering services firm that specializes providing Stormwater Engineering Solutions and Guidance to our clients for their challenging flood control Infrastructure Projects. We specialize in stormwater and flood control engineering, including, construction document preparations, advanced hydrology & hydraulics modeling, and floodplain management. JS&TM holds a CA/USDOT Disadvantaged Business Enterprise (DBE) certification, a California Small Business Enterprise (SBE) certification, and a Minority Business Enterprise (MBE) certification.
• GIS Surveyors Inc. (GSi) is a multifaceted geospatial firm specializing in land surveying, utility locating, geographic information systems (GIS), and LiDAR. They combine the core aspects and precise measurements of a land surveying company with the geospatial analysis of a GIS firm. This is the key reason GSi receives the most complicated land survey requests from the utility, transportation, and land development industries. GSI is a veteran- and employee-owned firm that has tripled in size since opening in 2013. GSI has hundreds of combined years of land survey experience and is made up of eight land survey crews including licensed Professional Land Surveyors (AZ, CA, NV, WA), Land Surveyors in Training, Professional Civil Engineers, Utility Locating Specialists and Federal Aviation Administration-certified Unmanned Aerial Systems pilots. • Converse Consultants (Converse) was established in 1946 in Pasadena, California to provide the construction industry with geotechnical engineering and geological services. Converse is an employeeowned corporation, with 9 offices and more than 150 employees throughout the United States – California (Monrovia, Redlands, Costa Mesa, Palm Desert and Palmdale), Nevada (Las Vegas, Reno, and Elko), and Pennsylvania. Converse’s professional and technical staff includes in-house geotechnical engineers, engineering geologists, environmental scientists, deputy inspectors, laboratory and field technicians, drafting/CAD specialists, and other specialized support personnel.

Their laboratories are certified by the Division of the State Architect, California Department of Transportation, US Army Corps of Engineers, American Association of State Highway and Transportation Officials, and the Cement and Concrete Reference Laboratory. A registered civil engineer supervises each lab to ensure all equipment is calibrated regularly, and quality control is available 24/7.
• RBI Traffic Inc. (RBI) is a firm specializing in providing traffic engineering services in Southern California. RBI has developed a solid reputation based on its responsiveness to client’s needs and quality of work. It is the firm’s unwavering commitment to maintain this reputation by continuing to provide high quality designs, studies, recommendations, and related services to its clients. RBI is led by Mr. William ‘Rusty’ Beardsley (Traffic Engineering License #1784). Mr. Beardsley has worked as a City Traffic Engineer for various cities in the Southland over the past 23 years. As such, he has been responsible for the proper design of each City’s traffic related projects as well as the review of all traffic plans and studies. RBI provides quality designs of new and modified traffic signals, signing/striping, and worksite traffic control for agencies throughout the Southland. The company also has experience in developing and implementing both standalone and coordinated signal timing in a variety of proprietary and open architecture environments. RBI has a strong reputation for providing excellent designs in a timely and cost-effective manner.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 21 (a) Firm Staffing and Key Personnel
JS&TM has assembled a dedicated team with vast experience and expertise in storm drain design, land surveying, geotechnical engineering, and traffic control.

Our other Principal, Jonis C. Smith, PE, CFM, Env SP, QSD/P will be the Principal In charge (PIC) for the project.

Jonis brings over 27 years’ experience in Stormwater Engineering. He has great passion for Stormwater Engineering and a great appreciation for the often unnoticed yet invaluable contribution that Stormwater Engineers make to society. Mr. Smith has in-depth understanding of the behavior of stormwater and is able to weave his understanding of the interconnectedness of hydrology and hydraulics into his approach to stormwater engineering and design. The key staff will be supported by a projects engineers and design engineers listed in the organization chart below. The JS&TM team will also be supported by a group of highly experienced contract designers and senior level engineers. We have excellent long-term teaming relationships and have the capability to handle small and large projects and meet City needs. We have included our longterm partners as subconsultants in this project to provide special services such as Geotechnical Engineering, Survey/Mapping, and Traffic Engineering. Resumes for our key personnel are provided as part of the Appendices. Brief biographies highlighting the qualifications of our supporting technical staff in the table below.

Key Staff
Name, Role, and Services Education and Credentials Selected Representative Projects Name: Tim Muli, PE, CFM, QSD/P, LEED AP

Role: Project Manager

Services: Mr. Muli will be
the main point of contact
for City staff and will be
responsible for moving the
project forward and
assuring that the project
goals are met. He will be actively involved in every
aspect of the project providing research, planning,
design, and all engineering services that are part of
this important City’s West Hemet MDP Line C Stage 3
Project. This includes leading in storm drain project
design, preparing drawings, exhibits, and guiding other project team members to fulfill the project scope of
work.

BS Civil Engineering, University of
Nairobi, Kenya
MS, Civil Engineering, CSULA
CA PE No. 72992
TX PE No. 140273
NV PE No. 028443
WA PE No. 21003209
CFM No. US-20-11552
QSD/P No. 27386

LEED AP
23 years’ experience
• Dunlap Road Bridge Replacement, City of
Yucaipa
• Haigh Road Storm Drain, City of Thousand Oaks
• Mockingbird Canyon Wash Restoration Project
– RCFC&WCD
• Wildwood Creek / Wildwood Road Detention
Basin, City of Yucaipa
• Foothill Parkway Extension, City of Corona
• Stormwater System Condition Assessment and
CIP
• City of Temecula Drainage Master Plan
• South Norco Channel Stage 2, City of Norco
/RCFC&WCD
• Storm Drain Deficiency Program FY 2016–
2017, Rancho Palos Verdes
• Lytle Creek, Flood Control Engineering, Lytle
Development, Rialto, California
Name: Jonis Smith, PE, CFM, QSD/P, Env SP
Role: Principal In Charge
BS Civil Engineering, CSULB
MS Civil Engineering, CSULB
CA PE No. 58654
CFM No. US-14-07485
QSD/P No. 23790
Env SP No. 49408
29 years’ experience
• Storm Drain Deficiency Program FY 2016–
2017, Rancho Palos Verdes
• Laguna Canyon Channel Beach Street to Ocean
- City of Laguna Beach
• Mockingbird Canyon Wash Restoration Project
– RCFC&WCD
• South Norco Channel Stage 2, City of Norco
/RCFC&WCD

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 22 Key Staff
Name, Role, and Services Education and Credentials Selected Representative Projects Services: Mr. Smith will be the Project PIC and will be overseeing the entire project, ensuring that the City’s need are met, and JS&TM team performs its role in
this project. He will be actively engaged in every aspect of the project providing design and engineering
services, preparing drawings, specifications, and
contract documents, and coordinating with the Project
Manager and other project team members to fulfill the
project scope of work. An in-depth understanding of
stormwater provides Mr. Smith with the ability to
provide guidance in developing
effective/practical/simple solutions to complex
stormwater problems.
• North Norco Channel, City of Norco/RCFC&WCD
• Mid-County Parkway EIR – San Jacinto River
Floodplain Modeling - RCTC
• Wildwood Creek / Wildwood Road Detention
Basin, City of Yucaipa
• Dunlap Road Bridge Replacement, City of
Yucaipa
• Haigh Road Storm Drain, City of Thousand Oaks
• West Fontana Channel BMP, SBCFCD
• Camino Carrillo Road Extension, PEGH
Investments / City of Camarillo
Name: Dennis Rose, PLS
Role: Surveying Subconsultant

Services: Mr. Rose,
with GSI Surveyors is
a long-term partner
with JS&TM staff and
together with the
team have completed many successful projects. GSI
Surveyors will be responsible for all work relating to
surveying & mapping.

Survey Course Work
PLS No. 9045
23 years’ experience
• Pipeline Safety Enhancement Plan, SDG&E
• On Call Survey & Mapping Service, SDG&E
• California High Speed Rail
Name: Hashmi Quazi, PhD, PE, GE
Role: Geotechnical
Engineering
Subconsultant

Services: Mr. Quazi,
with Converse Consultants is a long-term partner with
JS&TM staff and together with the team have
completed many successful projects. Converse
Consultants will be responsible for all work relating to geotechnical engineering services.

Ph.D., MS & BS, Civil Engineering
CA PE No. 46651
CA GE No. 2517
34 years’ experience
• Mockingbird Canyon Wash Restoration Project
– RCFC&WCD
• Mid-County Parkway EIR – San Jacinto River
Floodplain Modeling - RCTC
• Wildwood Creek / Wildwood Road Detention
Basin, City of Yucaipa
• Dunlap Road Bridge Replacement, City of
Yucaipa
Name: W.J. ‘Rusty’ Beardsley
Role: Traffic Engineering Design Subconsultant

Services: Mr.

Beardsley, with RBI
Traffic is a long-term
partner with JS&TM
staff and together
with the team have completed many successful
Traffic Engineering License
CA TE No. 1784
26 years’ experience
• Signal modification design for City of Monterey
Park
• Repaving project for the City of Lawndale
• Dunlap Road Bridge Replacement, City of
Yucaipa
• Limonite Avenue in the City of Jurupa Valley, CA
• City of Newport Beach a Traffic Management
Plan - Santa Ana Avenue and Mesa Drive

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 23 Key Staff
Name, Role, and Services Education and Credentials Selected Representative Projects projects. RBI will be responsible for all work relating to Traffic Engineering Design
Project Team Organization Chart:

Project Manager Contact Info:

Tim Muli, PE, CFM, QSD/P, LEED AP
Principal/Project Representative
P: 949.378.0632 E: [email protected]

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 24 (b) Subconsultants
The team has a long-term working relationship on a variety of large and small projects for various municipalities. JS&TM team offers technical excellence and innovative problem solving by applying costeffective design alternatives and proven management approach. In addition, our team has a great understanding and wide experience managing and designing projects and incorporating measures that address regulatory requirements associated with environmental and stormwater quality regulations.

The sub-consultants range from small to mid-sized firms with vast experience in engineering planning, design, construction, and management of wide-ranging cost-effective projects for various municipalities and private developers. The JS&TM team endeavors to develop and implement practical project solutions, using existing facilities prudently and innovatively before spending on costly new and expanded structures or facilities. The JS&TM staff/team assembled here has recent experience working together to complete projects such as, City of Santa Ana Centennial Lake Rehabilitation, City of Santa Ana – Santa Sana Zoo Improvements, County of San Bernardino Lake Gregory Storm drain Inlets Project, City of Riverside Fairmont Park Improvements, Design Dunlap Bridge Replacement Project for the City of Yucaipa, Storm Drain CIP Implementation for City of Rancho Palos Verdes, Haigh Road Channel Improvements for the City of Thousand Oaks (award winning project), among other unique projects throughout Southern California.

CITY OF HEMET
WEST HEMET MDP LINE CSTAGE 3
Plans, Specs, &
Estimates
Traffic ControlPhased
Construction
Geotechnical
Engineering
Surveying &
Mapping
Project
Management
J. Smith & T. Muli, Inc ✓ ✓ ✓ ✓
GSI Surveyors ✓ ✓
Converse ✓ ✓
RBI Traffic ✓ ✓ ✓

SUBCONSULTANTS
JS&TM has teamed with GSI Surveyors, Converse, and RBI Traffic to provide the services required for this project. The team assembled here has worked together on many successful projects, requiring similar experience and with the same engineering design elements.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 25 B. EXCEPTION OR DEVIATIONS FROM RFP
JS&TM has reviewed the city professional services agreement and takes no exceptions or deviations.

C. INSURANCE
If selected, JS&TM will provide certificates of insurance in compliance with the insurance requirements stated in the City of Hemet Standard Design Services Agreement.

D. LITIGATION
JS&TM has not been involved in any litigation or claims since its inception. The JS&TM staff have also not been part of any litigation claims in the past.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 26 SECTION III – FEE SCHEDULE
A. FEE SCHEDULE
See the Project Fee Schedule that we have provided under separate file for the Engineering Services, Clearly Marked as below:
“J. Smith & T. Muli, Inc - Fee Proposal for Professional Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3”.

Our fee includes labor, materials, reprographics, meetings, and presentations. JS&TM understands that all approved deliverable products shall become property of the City of Hemet. All charges for services will be a “Not-To-Exceed” fee, as submitted with, and made part of said JS&TM’s Fee Schedule.

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 27

APPENDIX A
Project Team Resumes

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Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3 Page 28

APPENDIX B
Project Schedule

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West Hemet MDP Line C Stage 3 - Project Schedule

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FEE PROPOSAL:

J. SMITH & T. MULI, INC. – PROFESSIONAL ENGINEERING SERVICES FOR WEST HEMET MASTER DRAINAGE PLAN LINE C – STAGE 3
JS&TM PRN: 24024
J. SMITH & T. MULI INC.
33161 CAMINO CAPISTRANO, SUITE-D
SAN JUAN CAPISTRANO, CA 92675
CA DIR# PW-LR-1000893931
State of CA / USDOT DBE# 50981
State of CA SBE # 2026784
Experience engineers Excellence.

May 30, 2024

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Cover Letter
May 30,2024
City of Hemet
Attn: Candace Sunds
445 East Florida Avenue
Hemet, CA 92543
[email protected]
J. Smith & T. Muli, Inc. (JS&TM) is pleased to provide our proposal for professional Engineering Services for West Hemet Master Drainage Plan Line C – Stage 3. We appreciate this opportunity to submit our fee proposal to the city and are available to begin work immediately. JS&TM has carefully reviewed this project request for Proposal (RFP), and we are willing to enter into an agreement with the City under the terms and conditions prescribed therein. We understand that all compensation will be on not-to-exceed contract limits basis and all fees and rates shall be effective for the term of the agreement. Please do not hesitate to contact Tim Muli, PE at 949.378.0632 / [email protected] or Jonis Smith, PE at 949.212.0916 / [email protected] should you have questions or require further information. Please send all notifications to both Tim Muli, PE and Jonis Smith, PE who are both authorized to bind JS&TM. We look forward to the opportunity to discuss our proposal with the city staff in greater detail. Thank you.

Our office and mailing address is shown below:
33161 Camino Capistrano, Suite-D
San Juan Capistrano, CA 92675
T: 949.329.3639
https://www.jstminc.com/
Sincerely,
__________________________________ __________________________________ Jonis Smith, PE, CFM, QSD/P, Env SP Tim Muli, PE, CFM, QSD/P, LEED AP Principal Principal
FEE PROPOSAL – PROFESSIONAL ENGINEERING SERVICES FOR WEST HEMET MASTER DRAINAGE PLAN LINE C - STAGE 3

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Project Team Role: Principal
Engineer
Project
Engineer
Engineering
Technician
Senior
Designer
Technical
Editor
Billable Rate : $165 $165 $165 $165 $165 Fee Fee Fee
1 Preliminary Design Services
Research and Investigation 8 8 6 22 $ 3,630 $ 400 $ 4,030 Utility Investigation / Notification / Coordination 4 2 2 8 $ 1,320 $ 600 $ 1,920 Topographic Survey and Mapping 8 8 $ 1,320 $ 31,361 $ 32,681 Geotechnical Engineering Study 4 8 12 $ 1,980 $ 38,710 $ 40,690 30% Conceptual Design Plan 12 20 20 40 92 $ 15,180 $ 1,100 $ 16,280 2 Final Design Services
Hydrology Analyses 4 8 16 16 44 $ 7,260 $ 200 $ 7,460
Stormdrain Sytem Hydraulic Analyses 16 40 8 8 72 $ 11,880 $ 11,880 Plans, Specifications, & Estimates (PS&Es) - 65% Complete 60 80 80 100 320 $ 52,800 $ 1,100 $ 53,900 Plans, Specifications, & Estimates (PS&Es) - 95% Complete 20 80 40 120 260 $ 42,900 $ 5,750 $ 1,100 $ 49,750 Plans, Specifications, & Estimates (PS&Es) - 100% Complete 20 60 40 80 200 $ 33,000 $ 5,750 $ 1,650 $ 40,400 Basis of Design Report 12 24 24 24 8 92 $ 15,180 $ 490 $ 15,670 3 Post Design Services
Bid Support Services 20 60 24 104 $ 17,160 $ 200 $ 17,360 Constructon Support Services 20 80 20 120 $ 19,800 $ 1,550 $ 21,350 4 Meetings, Consultation and Coordination
Meetings/Consultation/Coordination 20 40 24 20 104 $ 17,160 $ 800 $ 17,960 Plan / Permit Processing 60 60 120 $ 19,800 $ 600 $ 20,400 Subtotal 268 580 262 460 8 1,578 $ 260,370 $ 38,710 $ 11,500 $ 31,361 $ 9,790 $ 351,732 QA/QC 60 60 $ 9,900 $ 9,900
Project Management 107 107 $ 17,575 $ 17,575
Subtotal Project Mgmt 167 167 $ 27,475 $ - $ - $ - $ - $ 27,475 Total Hours and Fee 435 580 262 460 8 1,745 $ 287,845 $ 38,710 $ 11,500 $ 31,361 $ 9,790 $ 379,207 PROFESSIONAL ENGINEERING DESIGN SERVICES FOR WEST HEMET MDP LINE C - STAGE 3

CITY OF HEMET
J. Smith & T. Muli, Inc.

Cost Proposal
Labor Hours and Rates
TOTAL
HOURS
JS&TM

LABOR FEE
RBI Traffic
Traffic
Control
GIS Surveyors
Land Surveying
May 30, 2024
Converse
Consultants
Geotechnical

OTHER DIRECT
COSTS (ODC's)

TOTAL FEE
Subconsultants
Project Management
Tasks

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``
SUPPLEMENTAL PROPOSAL:

J. SMITH & T. MULI, INC. – PROFESSIONAL ENVIRONMENTAL
SERVICES FOR WEST HEMET MASTER DRAINAGE PLAN LINE C –
STAGE 3
JS&TM PRN: 24024-1
J. SMITH & T. MULI, INC.
33161 CAMINO CAPISTRANO, SUITE-D
SAN JUAN CAPISTRANO, CA 92675
CA DIR# PW-LR-1000893931
State of CA / USDOT Certified DBE# 50981
State of CA SBE # 2026784
State of CA MBE # 22000400
June 28, 2024
Experience Engineers Success.

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Environmental Documentation and Permitting Services for West Hemet Master Drainage Plan Line C – Stage 3 Page i

1. COVER LETTER
June 28, 2024
City of Hemet
Community Development Department
Engineering Division
ATTN: Candace Sunds
445 East Florida Avenue
Hemet, CA 92543
Email: [email protected]
Phone: (951) 765-2348
Subject: Supplemental Proposal for Professional Environmental Documentation and Permitting Services for West Hemet Master Drainage Plan Line C - Stage 3 J. Smith & T. Muli, Inc. (JS&TM) is pleased to provide a supplemental proposal to provide professional Environmental Documentation and Permitting Services for West Hemet Master Drainage Plan Line C – Stage 3. JS&TM has assembled a team of experts to provide the environmental services that we believe will be necessary for the city to implement the proposed West Hemet Master Drainage Plan Line-C Stage 3 project. Our team includes MNS Engineers, Ganddini Group, and PAX Environmental.

This teams have worked together over many years and has vast experience and expertise in providing public works project environmental documentation & permitting, public outreach, and stakeholder involvement services.

We appreciate the opportunity to submit this proposal to the City of Hemet and are available to begin work immediately. JS&TM has carefully reviewed this Request for Proposals (RFP) and we request no exceptions or deviations from the RFP. We are willing to enter into a contract with the City under the terms and conditions prescribed by the City of Hemet Professional Services agreement. Our proposal will remain valid for a period of not less than 180 calendar days from the date of submittal. Please do not hesitate to contact Tim Muli, PE at 949.378.0632 or [email protected] and Jonis Smith, PE at 949.212.0916 or [email protected] should you have questions or require further information. Please send all notifications to both Tim Muli, PE and Jonis Smith, PE, who are both authorized to bind JS&TM. We look forward to the opportunity to discuss our proposal with the city staff in greater detail.

Our company information is provided below:

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Engineering Design Services for Sierra Way Storm Drain Page 2 A. SCOPE OF SERVICES
West Hemet Master Drainage Plan Line C – Stage 3 Project Approach JS&TM Team member, MNS has reviewed the project materials received by the city and has prepared the following scope of work for preparation of an IS/MND and technical studies. All proposed technical studies will reflect the latest development proposal and will meet current analysis methodology.

TASK 1 – Project Initiation
Task 1.1 – Project Kick-Off Meeting
To begin the project, MNS will facilitate a CEQA kick-off meeting with City staff. This meeting will be to discuss CEQA approach, timeline, communication protocols, and any other required CEQA process discussion items.

MNS will prepare a meeting agenda and provide meeting minutes after the kick-off meeting.

Deliverables:
✓ Meeting Agenda, in PDF format
✓ Meeting Minutes, in PDF format
Task 1.2 – Project Description
JS&TM Team member, MNS will develop a Project Description for inclusion in the Project Description section of the IS/MND to reflect the latest proposed project components utilizing the most recent plan set provided by the city. Once complete, MNS will submit the Project Description to the City for review and comment. After receiving comments and making the appropriate changes, MNS will submit a final revised version of the Project Description, which will be the basis for the project’s environmental analysis.

Deliverables:
✓ Draft Project Description in electronic format
✓ Final Project Description in electronic format
TASK 2 – Technical Studies
Task 2.1 – Air Quality and Greenhouse Gas Analysis
JS&TM Team member, Ganddini Group, Inc. (Ganddini) will prepare an air quality and greenhouse gas emissions impact analysis for the project. This report will:
✓ Identify the existing air quality setting in the area. ✓ Identify applicable international, federal, state, SBCAPCD’s, and local rules and regulations including the State greenhouse gas (GHG) regulations Assembly Bills (AB) 32 and 1493, Senate Bills (SB) 32, 97, 107, 375, 527, 1368, and 1771, and Executive Orders S-3-05 and S-14-08.

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✓ Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources. Data will be obtained for air pollutants, including ozone, carbon monoxide (CO), nitrogen dioxide (NO2), PM10, and PM2.5. ✓ Identify greenhouse gases and their associated impacts to global climate change. ✓ Identify thresholds of significance for the criteria pollutants and greenhouse gases. ✓ Evaluate and quantify regional criteria pollutant and greenhouse gas emissions associated with construction activities for the proposed project utilizing the most recent CalEEMod Model. If significant emission levels are found to be created from construction activities, feasible mitigation will be developed and quantified.
✓ Evaluate local NOx, CO, PM10, and PM2.5 construction emissions at the nearest sensitive receptors. The emissions will be compared against the SCAQMD Look-Up Tables and will follow the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July 2008. ✓ Evaluate the construction-related greenhouse gas emissions using the latest version of CalEEMod. There are currently no GHG thresholds for construction-related emissions. Therefore, per SCAQMD guidance, the project's emissions will be amortized over 30 ears and compared to the SCAQMD’s draft GHG emissions threshold of 3,000 metric tons of CO2e per year for all land uses. If the GHG emissions exceed any applicable thresholds, provide mitigation to reduce the GHG emissions. ✓ The project related GHG emissions will also be compared to the goals of the City of Hemet Climate Action Plan and/or the CARB Scoping Plan (as applicable).
✓ Provide a qualitative odor analysis from the construction of the proposed project.

Deliverables:
✓ Draft and Final Air Quality and Greenhouse Gas Emissions Impact Analysis in electronic format Task 2.2 – Energy Impact Analysis
JS&TM Team member, Ganddini will prepare an energy analysis for the project. This report will:
✓ Identify the existing energy use conditions and the applicable federal, state, and local rules and regulations pertaining to energy use.
✓ The energy analysis will provide a CalEEMod-based quantitative analysis and discussion of projectrelated energy use during construction. ✓ Provide an analysis of the project’s consistency with renewable energy and energy efficiency plans.

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Deliverables:
✓ Draft and Final Energy Analysis in electronic format
Task 2.3 – Biological Resources Assessment
JS&TM Team member, PAX Environmental, Inc. (PAX), will prepare a Biological Resources Assessment for the project. The initial mobilization and correspondence task will include correspondence with the client, preparation of contracts for project management, and setting up data collection for the field survey. Additionally, PAX will oversee project management and conduct a thorough desktop analysis to identify potential habitat types and sensitive species known to inhabit the project area. A PAX biologist will review existing literature, databases, and regulatory documents to gather pertinent information on habitat characteristics and species distributions.

One PAX Senior biologist will conduct technical biological studies through field surveys to assess habitat quality and document the presence or absence of identified sensitive species. Utilizing standardized survey protocols, the biologist will systematically document habitat conditions, including vegetation composition, observed wildlife, and observed hydrological features. Photographs and detailed habitat maps will be prepared upon request to delineate sensitive habitats and species distribution within the project area, if any.

Deliverables:
✓ Draft and Final Biological Resources Assessment, in electronic format Task 2.4 – Jurisdictional Delineation
JS&TM Team member, MNS will conduct a site visit to perform a formal jurisdictional delineation that will determine the limits of state and federal jurisdictional waters and wetlands s located within the boundaries of the permanent (and temporary, if any) project footprint. The jurisdictional delineation will result in the following:
✓ Determination of the USACE’s ordinary high-water mark (OHWM) and indicate the existence of any three (3)-parameter wetlands on-site. The actual presence or absence of wetlands on-site will be verified through the determination of the presence of wetland hydrology, hydrophytic vegetation, and hydric soils in accordance with the September 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0). ✓ Identification of CDFW jurisdictional areas being on-site streambed and active banks, or to the outer drip line of riparian vegetation (if present), pursuant the California Fish and Game Code; and ✓ In cases where isolated waters, not subject to federal jurisdiction are present, the delineation will identify areas under the jurisdiction of the RWQCB pursuant to the California Porter-Cologne Water Quality Act (Porter-Cologne).

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limited to, topographic maps, soil surveys, historic and current aerial photography, flood and wetland inventory maps, hydrology/climate information, and watershed data. MNS will then conduct a thorough investigation onsite to identify the limits of aquatic features subject to each regulatory agency jurisdiction.

Once the project site baseline information is obtained, MNS will prepare a comprehensive written report discussing on-site jurisdictional areas, using previously collected data to the extent practical. The report will consist of an Executive Summary and the following Sections: 1) Introduction and Setting; 2) Summary of Regulations; 3) Methodology; 4) Results; 5) Conclusions and Recommendations; 6) References; and 7) Appendices, including Wetland Determination Data Forms (if any), Site Photographs, and research data relevant to the study. Pursuant to agency requirements, the delineation report will include a maximum of five (5) figures to enhance the written text and clarify the project, jurisdictional areas, and project impacts. Figures are anticipated to include the following maps: 1) Regional Vicinity; 2) Site Vicinity; 3) Project Site/Site Plans (on aerial); 4) USDA Soils; and 5) Jurisdictional Delineation. This task includes time for Geographic Information Systems (GIS) analysis associated with the preparation of the above-listed figures. The delineation map will be at a scale of 1”= 300’ or greater on recent aerial photograph. Jurisdictional delineation data collected and processed will be overlaid; each agency’s jurisdiction will be distinguished, and area impacts calculated. This task assumes one round of minor revisions will be needed upon review from the City prior to finalizing for submittal and agency submittal.

Deliverables:
✓ Draft and Final Jurisdictional Delineation, in electronic format Task 2.5 – Permit Application Packages
JS&TM Team member, MNS will prepare the following permit application and materials for the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB) and California Department of Fish and Wildlife (CDFW) for submittal. The scope of work includes submittal of two separate permit application packages for the project.
404 Nationwide Permit
MNS will prepare a separate request for a 404 Nationwide Permit for the project. A request for authorization under the 404 Nationwide Permit (NWP) program will be prepared for review by the city and submitted to the USACE.

We anticipate that NWP 3 for maintenance will apply to the project, however, depending upon the types of maintenance activities proposed in each area of the park, other NWPs may apply. We will review all of the NWPs to determine with could apply and then recommend the NWP that provides the least restrictions and notification requirements. The request for NWP authorization generally includes:
✓ Detailed description of the proposed project.
✓ Detailed description of the jurisdictional areas to be impacted by the proposed project (this is generally accomplished by submittal of the Jurisdictional Delineation Report [Task 3, above]). ✓ Discussion of approvals and certifications being obtained from other federal, state, or local agencies. ✓ The Streambed Alteration Notification package submitted to CDFW. ✓ The request to the RWQCB for water quality certification. ✓ Biological Resources Assessment (to determine whether Section 7 Endangered Species Act consultation with U.S. Fish and Wildlife Service is required).

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✓ Cultural Resources report for the project (to facilitate USACE tribal consultation and to determine whether Section 106 consultation with the State Historic Preservation Office is required).

Deliverables:
✓ One (1) draft 404 Nationwide Permit Request application packages. The application package will be finalized based upon one round of comments. Submittal to the USACE will be made by MNS through email/USACE ftp site.
401 Water Quality Certification or Waste Discharge Requirement Section 401 of the Clean Water Act (CWQ) requires that any discharge of dredge or fill material into Waters of the U.S., including wetlands, not violate state water quality standards. Water quality certification must be obtained as a condition of Section 404 of the CWA before USACE will issue the 404 NWP. A written request for a Section 401 Water Quality Certification will be submitted to the RWQCB, Santa Ana. The 401 Water Quality Certification request generally includes the following items:
✓ A completed application form.
✓ A detailed project description.
✓ A description of project impacts.
✓ A description of best management practices provided by the applicant to avoid erosion and sedimentation or discharge of materials into stormwater, both during construction and long-term operation.
✓ A discussion of the approvals being obtained from other federal, state, and local agencies ✓ The project CEQA document.
✓ The application fee assessed using the RWQCB Dredge and Fill Fee Calculator (to be assessed by MNS and provided by the applicant).

Under the new State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, the RWQCB requires that a request for pre-application meeting be submitted 30 days prior to submitting the 401 application. JS&TM Team member, MNS will submit the request by email and facilitate the pre-application meeting, which is typically held online via Zoom or Microsoft Teams. Pursuant to the State Permit Streamlining Act, the RWQCB has 30 days following receipt of the 401 application to deem an application complete or request additional information. Following a determination that the application is complete, the RWQCB has an additional 60 days to issue the 401 Water Quality Certification.

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CDFW 1602 Streambed Alteration Agreement
JS&TM Team member, MNS will prepare the SAA application for submittal to CDFW (Inland Deserts, Region 6) to request authorization for temporary and permanent impacts to Waters of the State associated with the project.

The SAA request generally includes the following items:
✓ A completed application form.
✓ A detailed project description.
✓ A description of project impacts.
✓ A discussion of the approvals and certifications being obtained from other federal, state, and local agencies.
✓ The project CEQA document.
✓ The SAA application fee using the 2024 fee schedule (to be assessed by MNS and provided by the Applicant).

Permit Tracking and Resource Agency Coordination
Applications will be coordinated with USACE, RWQCB, and CDFW throughout processing to ensure that any potential issues are communicated to the City and resolved at the earliest possible opportunity. Coordination may include telephone, email or written correspondence, or meetings with the agencies. This scope of work includes up to 48 hours of agency coordination time (40 hours per tract), including up to two (2) site visits with regulatory agency staff and the project team.

Deliverables:
✓ Copies of all agency correspondence, including emails, phone log, and meeting minutes associated with the 404, 401, and 1602 consultations.

Task 2.6 – Cultural Resources Assessment
JS&TM Team member, PAX will prepare a Cultural Resources Assessment for the project. This assessment will involve identifying and evaluating potential cultural resources within the project area, including archaeological sites, historical structures, and other significant resources. A records search will be conducted with the California Historical Resources Information System (CHRIS). This research characterizes the status and extent of previous cultural resource studies completed in the project area and will help predict the types of resources expected within the project site boundaries. Upon receipt of the results of the records search, a PAX archaeologist will conduct a site survey. PAX will adhere to CEQA requirements and other applicable regulations to ensure thorough

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Hemet City CouncilAugust 13, 2024

Hemet City Council
August 13, 2024