A G E N D A
MEETING OF THE CITY COUNCIL
Monday, July 25, 2022 ~ 7:00 PM
ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE
JOE KALMICK
MAYOR
First District
MIKE VARIPAPA
MAYOR PRO TEM
Third District
THOMAS MOORE
COUNCIL MEMBER
Second District
SCHELLY SUSTARSIC
COUNCIL MEMBER
Fourth District
SANDRA MASSA-LAVITT
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law.
Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.
City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of — meetings are available ondemand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990, if you require disability - related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk' s office at (562) 431 -2527 at least 48 hours prior to the meeting.
NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY
COUNCIL MEETING
PLEASE NOTE: CONSISTENT WITH THE RECOMMENDATIONS OF PUBLIC HEALTH AUTHORITIES, IN RESPONSE TO RECENT COVID-19 EXPOSURES
WITHIN THE CITY ORGANIZATION, THE CITY MANAGER HAS DIRECTED THAT
THIS MEETING WILL BE HELD USING THE ZOOM PLATFORM AND
TELECONFERENCE TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC, CITY OFFICIALS AND STAFF.
PUBLIC COMMENT/PUBLIC HEARING: Members of the public may submit comments on any item on this City Council meeting agenda via email to the City Clerk at [email protected] or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-MeetingVideos/CouncilCommission-Meetings, or by voicemail by dialing (562) 431-2527 x1601 before 5pm on July 25, 2022 . All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Council Members. Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting.
Those members of the public wishing to call in for comment during the meeting can join the Zoom Meeting from any electronic device by clicking the following link: https://us02web.zoom.us/j/84748861838. You may also call in by dialing 1-669-900-9128 and enter the webinar ID: 847 4886 1838. During the meeting, the Mayor will announce the opportunity for public comment. If watching on a device, use the ‘raise hand’ feature in Zoom to make a comment. If listening from a phone, dial *9 to raise your hand and make a comment. The meeting host will go through raised hands one by one. The name you signed in with on Zoom is the name that will be called upon when asked to speak. When it is your turn to speak, you will be prompted to unmute, and your Zoom username will be called upon to speak. Commenter will be allotted five (5) minutes to address the City Council. When addressed, clearly state your name for the record. The Clerk will announce when your time has expired. The City Council will not address any questions during the public comment period.
THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO THE CITY COUNCIL’S
DETERMINATION THAT REMOTE MEETINGS ARE STILL WARRANTED, AS REQUIRED BY GOVERNMENT CODE SECTION 54953(e).
CALL TO ORDER
COUNCIL ROLL CALL
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.
PRESENTATIONS / RECOGNITIONS
• Congresswoman Michelle Steel Recognition for Securing $15.5 Million for Surfside-Sunset & Newport Beach Replenishment Project
• Welcome City of Hope to Orange County Proclamation
PUBLIC COMMUNICATIONS
At this time members of the public may address the Council regarding the items on this City Council agenda. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law.
Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at [email protected] or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-NoticesMeeting-Videos/Council-Commission-Meetings, or by voicemail by dialing (562) 431-2527 x1601 before 5:00 pm on July 25, 2022. Comments provided via email by 5:00 pm will be distributed to the City Council and posted on the City website for review by the public. Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting. Any documents for review should be sent to the City Clerk prior to the meeting for distribution.
Those members of the public wishing to call in for comment during the meeting can join the Zoom Meeting from any electronic device by clicking the following link: https://us02web.zoom.us/j/84748861838. You may also call in by dialing 1-669-900-9128 enter the webinar ID: 847 4886 1838. During the meeting, the Mayor will announce the opportunity for public comment. If watching on a device, use the ‘raise hand’ feature in Zoom to make a comment. If listening from a phone, dial *9 to raise your hand and make a comment. The meeting host will go through raised hands one by one. The name you signed in with on Zoom is the name that will be called upon when asked to speak. When it is your turn to speak, you will be prompted to unmute, and your Zoom username will be called upon to speak. Commenter will be allotted five (5) minutes to address the City Council. When addressed, clearly state your name for the record. The Clerk will announce when your time has expired. The City Council will not address any questions during the public comment period.
Supplemental Questions from Council Member Sustarsic
CITY ATTORNEY REPORT Craig A. Steele, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager
COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.
COUNCIL ITEMS – None
ITEMS REMOVED FROM THE CONSENT CALENDAR
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.
A. Approval of the June 27, 2022 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on June 27, 2022.
B. Demands on City Treasury (Fiscal Year 2022) July 25, 2022 - Ratification.
C. Demands on City Treasury (Fiscal Year 2023) July 25, 2022 - Ratification.
D. Monthly Investment Report – June 30, 2022 - Receive and file.
E. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.
F. Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to Government Code Section 54953(e) - The City Manager and City Attorney recommend that the City Council determine that the City Council, and City Boards and Commissions will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because in-person meetings would present imminent risks to the health and safety of attendees and continue to review this matter periodically.
G. Approving and Authorizing Professional Services Agreements for On-Call Engineering and Plan Check Services - That the City Council adopt Resolution 7314: 1. Approving and awarding a professional services agreement with Annealta Group, in the not-to-exceed amount of $300,000 to provide On-Call Professional Engineering and Plan Check Services for a three-year term; and, 2.
Approving and awarding a professional services agreement with NV5, Inc. in the amount of $300,000 to provide On-Call Professional Engineering and Plan Check Services for a three-year term; and, 3. Authorizing and directing the City Manager to execute the Agreements; and, 4. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $100,000 per additional term.
H. Approve Utility Agreement UK104291 with Orange County Transportation Authority in Relation to the I-405 Improvement Project for Water Line Relocation, CIP WT2207 - That the City Council adopt Resolution 7315: 1.
Approving Utility Agreement No. UK104291 between the City of Seal Beach and Orange County Transportation Authority (OCTA) for the relocation of City waterlines across the Montecito Storm Drain Channel in connection with the I-405 Freeway Improvement Project in the not-to-exceed amount of $219,515; 2.
Authorizing the City Manager to execute the agreement; 3. Approving Budget Amendment BA #23-01-02 in the amount of $250,000; and, 4. Appropriating $250,000 to project WT2207.
I. Authorizing Expenditures with Baker Electric, Inc. for the Beach House Restaurant Electrical Equipment Installation (CIP BG1808), Pursuant to an On-Call Maintenance Services Agreement - That the City Council adopt Resolution 7316: 1. Authorizing the City Manager to approve expenditures in the not-to-exceed amount of $67,265 to Baker Electric, Inc. for electrical equipment installation at the Beach House restaurant located at 15 First Street (CIP BG1808), pursuant to an On-Call Maintenance Services Agreement dated December 13, 2021; 2. Authorizing the City Manager to approve additional work requests, in connection with the Project, in the not-to-exceed amount of $20,000. 3. Approving project BG1808 appropriation from $215,000 to $302,265; and, 4. Approving Budget Amendment BA 23-01-01 in the amount of $87,265.
J. Awarding and Authorizing Execution of a Professional Services Agreement with AKM Consulting Engineers, Inc. for the Lampson Well Treatment System (CIP WT1902) – Construction Management and Inspection Services - That the City Council adopt Resolution 7317: 1. Awarding a Professional Services Agreement to AKM Consulting Engineers, Inc. in a notto-exceed amount of $299,322 to provide construction management and inspection services for the Lampson Well Treatment System (CIP WT1902); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to the total amount of $20,000 in connection with the Project; and, 4. Rejecting all other proposals.
K. Professional Services Agreement with Psomas for an Environmental Impact Report Related to the Old Ranch Country Club Specific Plan Proposal - That the City Council approve Resolution 7318: 1. Approving the Professional Services Agreement with Psomas; and, 2. Authorizing the City Manager to execute the Agreement.
PUBLIC HEARING
L. Declaration of a Level 2 Water Supply Shortage - That the City Council: 1.
Open and conduct a public hearing to receive input regarding the declaration of a Level 2 Water Supply Shortage; and, 2. Adopt Resolution 7319 declaring a Level 2 water supply shortage as mandated by the State Water Resources Control Board; and, 3. Direct staff to implement additional water conservation public education and use restrictions to conserve water.
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS
M. Approval of the Annual Special Taxes for Community Facilities District No. 2002-01 “Heron Pointe” - That the City Council adopt Resolution 7320 approving the annual Fiscal Year 2022-2023 special tax levy for Community Facilities District No. 2002-01 “Heron Pointe”.
N. Approval of the Annual Special Taxes for Community Facilities District No. 2002-02 “Seal Beach Blvd./Lampson Ave. Landscape Maintenance District” - That the City Council adopt Resolution 7321 approving the annual Fiscal Year 2022-23 special tax levy for Community Facilities District No. 2002-02 “Seal Beach Blvd./Lampson Ave. Landscape Maintenance District”.
O. Approval of the Annual Special Taxes For Community Facilities District No. 2005-01 “Pacific Gateway Business Center” - That the City Council adopt Resolution 7322 approving the annual Fiscal Year 2022-2023 special tax levy for Community Facilities District No. 2005-01 “Pacific Gateway Business Center”.
ADJOURNMENT
Adjourn the City Council to Monday, August 8, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.
Question for 7/25/2022 City Council Meeting Sustarsic
I see in the proposal that Psomas says something about future tiering with a Program EIR. I wonder if this is because they are planning the Old Ranch project in 2 phases (first the senior apartment/medical office building and Assisted living building and parking structure; next, the hotel, restaurants, and recreation (new pool on present parking lot, rearrangement of driving range and tennis courts on top of parking structure)?
Answer: All changes to the site that are a part of the development proposal must be analyzed by this EIR. CEQA does not allow for what is called “piecemealing” where only a part of a project is analyzed.
A Program EIR is typically used for General Plans and Specific Plans when detailed project specific information is not available. A Program level EIR uses a broader approach, and when it is sufficiently comprehensive, further environmental review of activities (projects) may not be required or can be “tiered” from the Program EIR. To put it another way, future development would be evaluated based on what is proposed and would be subject to a “consistency evaluation” to see if it is consistent with the original project in the EIR, or if it requires further CEQA work such as an Addendum, negative declaration, or mitigated negative declaration, etc.
Note that when the environmental process for the project is initiated, if it is determined that “projectlevel” detail is available for the entire project, a project EIR may be prepared. This will be discussed at the kick-off meeting.
Would a Program EIR apply to development beyond what ORCC is presently planning? Answer: The early CEQA process – development of the project description and scoping – will establish what the EIR will consider. Therefore, the Program EIR could apply to development beyond what ORCSS is presently planning if future development is within the “envelope” of activities that was considered in the Program EIR. Reasonable alternative developments may be considered in the EIR, and some rounding is expected. For example, the specific plan currently includes 25,340 SF of medical office. The EIR may instead analyze up to 30,000 SF to allow for some wiggle room. Please note that in an EIR, you round or estimate upwards, not downwards, as that would result in additional work being required to implement the project.
The scope of the EIR is a balancing act. On the one hand, you often want the analysis to cover some level of change to the project. On the other hand, you don’t want to overstate the project and risk the potential impacts / mitigation measures being much higher than the project will cause / require.
In the document, they also refer to a legal case (Berkeley Keep Jets Over the Bay Committee v. Board of Port Commissioners of the City of Oakland). I have read over some of this decision, but I can’t tell what is exactly relevant to this project.
Answer: This case relates to potential impacts from aircraft noise on future residents of the project.
Given that 24-hour average noise may not be the best noise metric for aircraft noise, the analysis should include single-event (single pass-by event) noise impact, which is of short duration but high magnitude.
When Old Ranch submitted their project, they also submitted a Specific Plan along with it. I asked our Director of Development about that, and she told me that the city could make changes on something that they don’t like. However, I have not had any discussions with staff beyond that on the Specific Plan and wonder if, at this stage, I could be agreeing to something that would be more favorable to the developer than to the city. (I want to understand what I am voting for).
Answer: The vote tonight is to have an environmental analysis prepared based upon the development proposal, but the specific scope will be created as a part of the process. CEQA is about disclosure of potential environmental impacts for a development envelope, and as noted, crafting the scope is a balancing act. Tonight’s action does not approve a development.
I am also concerned with things like possible streamlining of the environmental process. The proposal discusses items in the EIR that may be “focused out” if it can be documented that there is no impact. Is this because a Program EIR is being done, or would that be the same for a Project EIR? Answer: This is a commonly used approach to focus the research and documentation on the areas that are more likely to have impacts. When an Initial Study is prepared along with an EIR, items that are determined not to cause significant impacts are no longer addressed in the EIR as the environmental evaluation is documented in the Initial Study for impacts that are not significant. Alternatively, agencies can jump straight into an EIR and not conduct an Initial Study, however, using an Initial Study is more efficient. It would be the same for a Project EIR.
I am presently most concerned with traffic studies because the proposal said that Psomas will be using a traffic study supplied by the developer for use in the PEIR. The West Ed property on Lampson has been sold and that developer is almost done with a plan for Housing on that site. The number of housing sites in their Housing Element is 362 for West Ed; however, I won’t know the number planned until August or September. If you add 154 proposed sites at Old Ranch and 362, that means over 500 housing sites proposed next to Lampson Avenue in the near future. The I-405 Improvement Project is also supposed to be completed by the end of 2023, which I feel will add traffic to Lampson as well. We will not know exactly how many until the freeway actually opens – an estimate by OCTA on that now would only be a guess. With two additional General-Purpose lanes ending at the LA county line northbound, and the toll lanes ending at the junction with the I-605, I expect more congestion northbound on the 405 (The draft EIR predicted a LOS F as the toll lanes end). I would expect there to be drivers in nearby cities who decide to bypass that congestion rather than enter the freeway in OC, and possibly others who might exit at Seal Beach Boulevard or Valley View to get out of the stoppage. For the first 3.5 years after opening, two-occupant vehicles will be allowed In the Express Lanes during non-peak hours. In 2027, two-occupant vehicles will no longer be allowed in the Express Lanes without payment at any time. The are my concerns with using a traffic study that has been done recently to apply to this project and potentially into years beyond.
Answer: The consultant will use existing counts (and compare to historical trends pre-pandemic) to create a baseline. Cumulative Projects (i.e., WestEd) will be collected from surrounding cities with ambient growth rate to include for near-term traffic conditions. OCTA’s growth model (OCTAM 5.0) will be used for long-term traffic buildout condition evaluations. Public Works has approved the scope of the study.
The city website (zoning) discusses SB 330 quite a bit and I see that that bill allows applicable developments to adhere to standards that apply at the time of application. Would SB 330 apply to this project?
Answer: The proposed project does not include the affordability restrictions required for an SB 330 project, and housing is not currently proposed as more 2/3rds of the project. These are two key requirements for permit streamlining, a primary goal of SB330.
There was a discussion about the NOP and Scoping Meeting and preparation of a Draft Initial Study for Public review. Then it stated, “The city may decide not to prepare an IS and only circulate the NOP for 30 days.” I am always concerned when it seems that the public may not be receiving as much information as possible. Would information in the Notice of Preparation be minimal? Answer: City staff will hold the scoping meeting and have the IS prepared, though CEQA does not require it. This note in the proposal is informational only, and Psomas has scoped the project to include these items. In and of itself, an NOP is a pretty simple document notifying the public that an EIR is going to be prepared, and soliciting input.
Why is choice of venue for legal disputes the County of Marin? Answer: This was in the template, and it unfortunately appears no one caught it – we will be updating the agreement.
Agenda Item A
AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the June 27, 2022 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on June 27, 2022.
BACKGROUND AND ANALYSIS:
This section does not apply.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.
RECOMMENDATION:
That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on June 27, 2022.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:
A. Minutes - Closed Session
B. Minutes – Regular Session
Seal Beach, California
June 27, 2022
The City Council met in Closed Session at 5:30 p.m. in the teleconference.
ROLL CALL
Present: Mayor Kalmick
Council Members: Varipapa, Sustarsic, Massa-Lavitt, Moore
Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Iris Lee, Acting Public Works Director
Dana Engstrom, Acting City Clerk
PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Acting City Clerk Engstrom announced that no supplemental communications were received. Mayor Kalmick then closed oral communications.
CLOSED SESSION
A. Conference with Legal Counsel Pending Litigation Pursuant to Government Code Section 54956.9(d)(1) City of Long Beach, et al. v. Monsanto Corp., et al. United States District Court, Central District, Case No. CV 16-3493 FMO (ASx) B. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager
Employee Organization(s):
Orange County Employees Association
Seal Beach Supervisors & Professionals Association
ADJOURNMENT
Mayor Kalmick adjourned the Closed Session meeting at 6:20 p.m.
Dana Engstrom, Acting City Clerk
City of Seal Beach
Approved:
Joe Kalmick, Mayor
Attested:
Dana Engstrom, Acting City Clerk
Seal Beach, California
June 27, 2022
The City Council met in regular session at 7:15 p.m. via teleconference.
ROLL CALL
Present: Mayor Kalmick
Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt
Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Ezroj, Acting Police Chief
Michael Henderson, Police Captain
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Sherry Johnson, Interim Director of Finance/City Treasurer Iris Lee, Acting Director of Public Works
Dana Engstrom, Acting City Clerk
Thomas Moon, Orange County Fire Authority
Lauren Barich, Management Analyst
Jennifer Robles, Management Analyst
Tim Kelsey, Recreation Manager
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Acting City Clerk Engstrom announced that six (6) supplemental items were received after the posting of the agenda that were distributed to the City Council and made available to the public.
Mayor Pro Tem Varipapa moved, second by Council Member Sustarsic, to approve the agenda.
AYES: Kalmick, Moore, Sustarsic, Varipapa, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
PRESENTATIONS / RECOGNITIONS
Monthly Seal Beach Historic Resources Foundation Update Parks Make Life Better Proclamation
Parking Management Update
PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: None. Mayor Kalmick then closed oral communications.
CITY ATTORNEY REPORT
City Attorney Steele reported that prior to the meeting the City Council met in closed session to discuss the two (2) items on the posted agenda. In regards to Item A, Conference with Legal Counsel Pending Litigation Pursuant to Government Code Section 54956.9(d)(1) City of Long Beach, et al. v. Monsanto Corp., et al. United States District Court, Central District, Case No. CV 16-3493 FMO (ASx), Council approved unanimously to accept the class action settlement that will result in the City receiving payment from the settlement fund in the amount of approximately $795,000. Council received a report from staff on Item B on the posted agenda and Mr. Steele indicated that the City Council took no reportable action.
CITY MANAGER REPORT
City Manager Ingram thanked the Council for their ongoing support and efforts to continue to do what we can to ensure the health and safety of the public and City staff. She also thanked the community for their patience and support, noting we continue to have outbreaks of COVID-19 within our organization and other exposures within City facilities over the past few weeks. She reminded residents that City Hall remains open to the public however, meetings remain remote. She encouraged the public to conduct as much City business as possible via telephone and the City website, or by using the general email address [email protected] for the next several weeks. She encouraged the public to wear a mask while in City facilities as well.
Additionally, City Manager Ingram introduced Barbara Arenado whose Employment Agreement as Director of Finance/City Treasurer is on the agenda for consideration. Ms.
Arenado indicated she is honored and proud to be a part of this amazing City. She looks forward to partnering with Council and staff in serving the Seal Beach community.
City Manager Ingram also thanked Interim Director of Finance Sherry Johnson for her respectful and supportive leadership over the last six (6) months. Ms. Johnson indicated she enjoyed her time here with the City and thanked the staff team.
COUNCIL COMMENTS
Council Member Sustarsic had nothing to report.
Council Member Moore attended a Golden Rain Foundation meeting recognizing incoming and outgoing directors.
Council Member Massa-Lavitt had nothing to report.
Mayor Pro Tem Varipapa had nothing to report.
Mayor Kalmick indicated he attended the Chamber of Commerce meeting to discuss parklets and the overall condition of Main Street and also attended the Orange County Council of Governments meeting. Additionally, he attended an OCFA monthly meeting noting he will now be representing the City as a member of the OCFA Legislative Committee, Vice Chair of the OCFA Human Resources Committee, and the OCFA Operations Committee.
COUNCIL ITEMS
A. City Council Appointment to the Environmental Quality Control Board – District Four - At the request of Council Member Sustarsic: that the City Council appoint Catherine Showalter to the Environmental Quality Control Board, as a representative for District Four.
Acting City Clerk Engstrom provided a comprehensive background of the staff report and Catherine Showalter addressed the City Council.
Council Member Sustarsic thanked Catherine Showalter for her interest in serving on the Environmental Quality Control Board.
Council Member Sustarsic moved, second by Mayor Kalmick, to appoint Catherine Showalter to the Environmental Quality Control Board, as a representative for District Four.
Acting City Clerk Engstrom took a roll call vote to approve item A.
AYES: Kalmick, Moore, Massa-Lavitt, Sustarsic, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
PUBLIC COMMUNICATIONS
Mayor Kalmick re-opened oral communications for a member of the public with their hand raised. Speakers: None. Mayor Kalmick then closed oral communications.
CONSENT CALENDAR
Council Member Moore moved, second by Council Member Sustarsic, to approve the recommended actions on the consent calendar.
B. Approval of the June 2, 2022 and June 7, 2022 City Council Minutes - That the City Council approve the minutes of the Special City Council Budget Workshops held on June 2, 2022 and June 7, 2022.
C. Approval of the June 13, 2022 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on June 13, 2022.
D. Demands on City Treasury (Fiscal Year 2022) June 27, 2022 - Ratification.
E. Monthly Investment Report – May 31, 2022 - Receive and file.
F. Rejecting All Bids for the Annual Local Paving Program, CIP O-ST-2 - That the City Council adopt Resolution 7306 rejecting all bids received for the Annual Local Paving Program, CIP O-ST-2.
G. Approving Submittal of FY 2022-2023 Measure M2 Eligibility Package and its Components - That the City Council approve the submittal of the City’s Fiscal Year 2022– 23 Measure M2 Eligibility Package and its components, which include the following: 1. A seven-year Measure M2 Capital Improvement Program (CIP) for Fiscal Years (FY) 2022- 23 through 2028-29; and, 2. A Maintenance of Effort Certification Form and supporting documentation for the City of Seal Beach to the Orange County Transportation Authority (OCTA); and, 3. The OCTA Measure M2 Eligibility Checklist and supporting documentation; and, 4. A Pavement Management Plan update and supporting certification; and, 5. Direct the City Manager to file the adopted CIP and the Measure M2 eligibility documents with OCTA in compliance with the requirements of OCTA.
H. Authorizing Submittal of Application for Financial Assistance to the State Water Resources Control Board Drinking Water State Revolving Fund (DWSRF) and Authorizing the City Manager to Execute Agreement; and Designating the Amount of Project Expenditures to be Reimbursed by DWSRF Proceeds, for the Beverly Manor Pump Station Rehabilitation (WT0904) and LCWA Watermain Lining Project (WT2103) - That the City Council: 1. Adopt Resolution 7307 authorizing the City Manager to submit a Drinking Water State Revolving Fund (DWSRF) Financial Assistance Application to the State Water Resources Control Board for the Beverly Manor Pump Station Rehabilitation (WT0904) and LCWA Watermain Lining (WT2103) Project, and if awarded to execute the DWSRF Financial Assistance Agreement and related documents and amendments; and, 2. Adopt Resolution 7308 designating the amount of project expenditures to be reimbursed by proceeds from the State Water Resources Control Board Drinking Water State Revolving Fund.
I. Fiscal Year 2022-23 Statement of Investment Policy and Delegation of Authority - That the City Council adopt Resolution 7309 approving the Fiscal Year 2022-23 Statement of Investment Policy and Delegation of Authority to the Director of Finance/City Treasurer.
J. Approval of Employment Agreement for Director of Finance/City Treasurer - That the City Council adopt Resolution 7310: 1. Approving the Employment Agreement between the City of Seal Beach and Barbara Arenado to be the City of Seal Beach Director of Finance/City Treasurer; and, 2. Authorizing the City Manager to execute the contract.
Acting City Clerk Engstrom took a roll call vote to approve the consent calendar items.
AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM CONSENT CALENDAR
There were no items removed from the consent calendar.
UNFINISHED/CONTINUED BUSINESS
K. Approving and Authorizing Re-Institution of Enforcement of the Head-In Vehicle Parking Ordinance - That the City Council adopt Resolution 7313 authorizing reinstitution of enforcement of the Head -In Vehicle Parking Ordinance §8.20.015 Head in Parking Only.
Julie Dixon from Dixon Resources Unlimited provided a comprehensive overview of the staff report. Julie Dixon and staff addressed Council Member questions.
Council Member Moore moved, second by Council Member Sustarsic, to adopt Resolution 7313 authorizing re-institution of enforcement of the Head -In Vehicle Parking Ordinance §8.20.015 Head in Parking Only with the stipulation that there will be a warning issued before a citation is issued.
Acting City Clerk Engstrom took a roll call vote to approve Item K.
AYES: Kalmick, Moore, Sustarsic, Varipapa
NOES: Massa-Lavitt
ABSENT: None
ABSTAIN: None
Motion carried
PUBLIC HEARING
L. Resolution Adjusting the Bidding Thresholds for Public Works Contracts and Adjusting the City Manager’s Contract Authority for the Acquisition of Goods and Services - That the City Council adopt Resolution 7311: 1. Confirming the adjustment of bidding threshold for Public Works contracts to $39,524 pursuant to the City Charter Section 1010; and, 2. Adjusting the City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $39,524 pursuant to City Charter 420 and Resolution 6384.
Acting Public Works Director Lee provided a comprehensive background of the staff report. There were no Council Member questions.
Mayor Kalmick opened the public hearing. Speakers: None. Mayor Closed the public hearing.
Mayor Pro Tem Varipapa moved, second by Council Member Sustarsic, to adopt Resolution 7311: 1. Confirming the adjustment of bidding threshold for Public Works contracts to $39,524 pursuant to the City Charter Section 1010; and, 2. Adjusting the City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $39,524 pursuant to City Charter 420 and Resolution 6384.
Acting City Clerk Engstrom took a roll call vote to approve Item L.
AYES: Kalmick, Moore, Massa-Lavitt, Sustarsic, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
M. Adopt the Fiscal Year 2022-23 Operating and Capital Improvement Budget; Set the Appropriations Limit for Fiscal Year 2022-23; Reaffirm the previously amended Fiscal Year 2021-22 Cost Recovery Schedule to be used for Fiscal Year 2022-23 - The City Council hold a public hearing to adopt Resolution 7312 which: 1. Adopts the Fiscal Year 2022-23 Operating and Capital Improvement Budget; and, 2. Sets the Appropriations Limit for Fiscal Year 2022-23; and, 3. Approves the previously adopted and amended Fiscal Year 2021-22 Cost Recovery Schedule to be used for Fiscal Year 2022-23.
Interim Finance Director Johnson provided a comprehensive background of the staff report. Council Member questions were addressed.
Mayor Kalmick opened the public hearing. Speakers: None. Mayor Kalmick closed the public hearing.
Council Member Moore moved, second by Council Member Sustarsic, to adopt Resolution 7312 which: 1. Adopts the Fiscal Year 2022-23 Operating and Capital Improvement Budget; and, 2. Sets the Appropriations Limit for Fiscal Year 2022-23; and,
3. Approves the previously adopted and amended Fiscal Year 2021-22 Cost Recovery Schedule to be used for Fiscal Year 2022-23.
Acting City Clerk Engstrom took a roll call vote to approve Item M.
AYES: Kalmick, Moore, Massa-Lavitt, Sustarsic, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
NEW BUSINESS
There were no new business items.
ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 9:15 p.m., to Monday, July 25, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary. __________________________
Dana Engstrom, Acting City Clerk
City of Seal Beach
Approved: ___________________________
Joe Kalmick, Mayor
Attested: ____________________________
Dana Engstrom, Acting City Clerk
Agenda Item E
AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Report of City Manager and Department Heads Authorized Contracts
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council receive and file the report.
BACKGROUND AND ANALYSIS:
In an effort to further increase transparency, the City Manager provides a quarterly report to the City Council that identifies all contracts executed by the City Manager.
The City Manager had the authority to approve and execute contracts up to the amount of $36,514 during the second quarter. As of July 25, 2022, the City Manager’s signing authority increased and is now $39,524.
Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to delegate spending authority to Department Heads. Other than the Director of Public Works and the Director of Finance/City Treasurer, this authority shall not exceed $15,000 per purchase or contract. For the Director of Public Works, the limit is established per the City’s Charter Section 1010. For the Director of Finance/City Treasurer, other than for Finance Department expenditures which is set at $15,000, there is additional authority to authorize purchases for City Departments up to the City Manager’s established contract signing authority.
A list of contracts executed by the City Manager and Department Heads for the period of March 8, 2022 – June 30, 2022:
AGREEMENT
DATE
DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
03/08/2022 City Manager Liebert
Cassidy
Whitmore
$4,545 Special Services
Agreement for
Orange County
Employment
Relations
12/31/2022
Consortium
Membership
04/25/2022 City Manager Bob Hall &
Associates
$18,500 Recruitment for the
position of Director
of Finance
10/22/2022
04/29/2022 Public Works LAE
Associates,
Inc.
$34,640 Amendment No. 1
to PSA for
Lampson Avenue
Bike Lane Gap
Closure Design--
Project
Management
Services
12/31/2024
05/30/2022 Public Works Free Lance
Masonry
$20,000 Main Street Paver
Repair Project 2022
Until work
fully
completed
06/10/2022 Public Works Richard C.
Slade
$8,687 Amendment #1
Hydrogeological
Services - Beverly
Manor Well
Rehabilitation
12/31/2023
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is sufficient funding available in the Fiscal Year 2021-2022 budget.
However, as with all City Council–approved contracts, all contracts executed under staff’s contracting authority are processed internally with review and approval by the City Attorney, Director of Finance, City Manager, and City Clerk.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.
RECOMMENDATION:
That the City Council receive and file the report.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
Agenda Item F
AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
FROM: Craig A. Steele, City Attorney
SUBJECT: Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to
Government Code Section 54953(e)
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council review the continuing need to conduct the City’s public meetings virtually and determine that in-person meetings would present imminent risks to public health and safety.
BACKGROUND AND ANALYSIS:
The City Council has met remotely throughout the pandemic to protect the health and safety of the public and staff. Remote meetings under relaxed Brown Act rules were permitted by Governor Newsom’s executive Order N-29-20, which expired on September 30, 2021. In its place, the Legislature passed AB 361, which became effective October 1, 2021. AB 361 continues to permit remote meetings during a proclaimed local emergency, if social distancing measures are required or recommended. New Government Code Section 54953(e) requires that the City Council review these requirements every 30 days, to determine whether in person meetings of City bodies would present imminent risks to the health and safety of attendees. If the City Council, Boards and Commissions continue to meet remotely, AB 361 requires that the public have real time opportunities to participate. The City Council previously determined to continue meeting remotely on June 13, 2022.
State, County and City-declared states of emergency due to the COVID-19 pandemic remain in effect. While California and Orange County residents have worked hard to reduce the spread of the virus, transmissions, hospitalizations and deaths remain at substantial levels in the community. Authorities, including Cal OSHA, recommend that businesses and entities continue to practice social distancing indoors as well as other measures to guard against the virus. Under the current circumstances, the City Council would be justified in determining that City bodies should continue to meet remotely under the rules set forth in Government Code Section 54953(e). Staff will provide the required real time public participation measures. As required by law, the City Council will review this matter every 30 days, as meeting schedules permit.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.
RECOMMENDATION:
The City Manager and City Attorney recommend that the City Council determine that the City Council, and City Boards and Commissions will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because in-person meetings would present imminent risks to the health and safety of attendees and continue to review this matter periodically.
SUBMITTED BY:
Craig A. Steele
Craig A. Steele, City Attorney
Agenda Item G
AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Approving and Authorizing Professional Services Agreements for On-Call Engineering and Plan Check
Services
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7314:
1. Approving and awarding a professional services agreement with Annealta Group, in the not-to-exceed amount of $300,000 to provide On-Call Professional Engineering and Plan Check Services for a three-year term; and,
2. Approving and awarding a professional services agreement with NV5, Inc. in the amount of $300,000 to provide On-Call Professional Engineering and Plan Check Services for a three-year term; and,
3. Authorizing and directing the City Manager to execute the Agreements; and,
4. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $100,000 per additional term.
BACKGROUND AND ANALYSIS:
The City plays an integral role in processing plans and permits for various residential and commercial development projects. The review process ensures compliance with Federal, State, and City standards, codes, designs, and specifications.
In efforts to address applicant needs more expeditiously, the Public Works Department has historically utilized contract services to provide plan check services. As the Department is anticipating an influx of proposed developments, staff issued a Request for Proposals (RFP) to identify additional qualified consultants to assist with this process.
On March 30, 2022, staff issued a RFP to publicly solicit on-call engineering and plan check services. On April 20, 2022, staff received eleven (11) proposals. The evaluation panel comprised of Public Works staff rated each consultant’s qualification based on their relevant firm experience, availability, familiarity with the City’s policies, understanding and approach, availability, amongst other factors.
Based on the evaluation panel’s review, the following firms were deemed most qualified. Reference checks for these firms indicate satisfactory proficiency and experience to provide the professional engineering plan check services.
1. Annealta Group
2. NV5, Inc.
Staff reviewed each firm’s labor and material rate schedule and found them to be consistent with industry standards. Funds for these services will be fully reimbursed by the development permit applicant(s).
The contract term is three (3) years and the City will have the option to extend the contract for up to two (2) additional one-year terms. Each On-Call Professional Engineering and Plan Check Services agreement is in a not-to-exceed amount of $300,000 for the three-year original term. Contract extensions will be prorated accordingly. Due to the on-call nature of this agreement, work is not guaranteed to the consultant.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of professional services agreements will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed agreements and approved as to form.
FINANCIAL IMPACT:
The approval of the proposed Agreements does not directly appropriate or expend funds. Services performed by Annealta Group and NV5, Inc. under these Agreements will be fully reimbursed by the permit applicant(s).
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.
RECOMMENDATION:
That the City Council adopt Resolution 7314:
1. Approving and awarding a professional services agreement with Annealta Group, in the not-to-exceed amount of $300,000 to provide On-Call Professional Engineering and Plan Check Services for a three-year term; and,
2. Approving and awarding a professional services agreement with NV5, Inc. in the amount of $300,000 to provide On-Call Professional Engineering and Plan Check Services for a three-year term; and,
3. Authorizing and directing the City Manager to execute the Agreements; and,
4. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $100,000 per additional term.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee,
Acting Director of Public Works
Jill R. Ingram, City Manager
Prepared by: Denice Bailey, MPA, Assistant Engineer
ATTACHMENTS:
A. Resolution 7314
B. Agreement - Annealta Group
C. Agreement - NV5, Inc.
RESOLUTION 7314
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH
ANNEALTA GROUP AND NV5, INC. FOR ON-CALL
PROFESSIONAL ENGINEERING AND PLAN CHECK SERVICES
WHEREAS, on March 30, 2022, the City issued a Requests for Proposal for OnCall Professional Engineering and Plan Check Services; and, WHEREAS, on April 20, 2022, the City received eleven (11) proposals in response to the Request for Proposal; and,
WHEREAS, the City performed a detail review and evaluation of the proposals and deemed the following firms as the most qualified to provide On-Call Professional Engineering and Plan Check Services:
1. Annealta Group
2. NV5, Inc.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
SECTION 1. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and Annealta Group for On-Call Professional
Engineering and Plan Check Services in a not-to-exceed amount of $300,000 for the original three-year term.
B. The City Council hereby authorizes the City Manager to extend the Agreement with Annealta Group for up to two (2) additional one-year terms, at her discretion, in a not-to-exceed amount of $100,000 per one-year extension.
SECTION 2. A. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and NV5, Inc. for On-Call Professional Engineering and Plan Check Services in a not-to-exceed amount of $300,000 for the original three-year term.
B. The City Council hereby authorizes the City Manager to extend the Agreement with NV5, Inc. for up to two (2) additional oneyear terms, at her discretion, in a not-to-exceed amount of $100,000 per one-year extension.
SECTION 3. The City Council hereby authorizes and directs the City Manager to execute each professional services agreement on behalf of the City.
SECTION 4. The City Council hereby rejects all other proposals.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7314 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of July, 2022.
Gloria D. Harper, City Clerk
PROFESSIONAL SERVICES AGREEMENT
for
On-Call Professional Engineering and Plan Check Services between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Annealta Group
5151 Oceanus Drive, Suite 103
Huntington Beach, CA 92649
(714) 625-5840
This Professional Service Agreement (“the Agreement”) is made as of July 25, 2022 (the “Effective Date”), by and between Annealta Group (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. City desires certain on-call professional engineering and plan check services.
B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued Request for Proposals on March 30, 2022, titled “On-Call Professional Engineering Plan Check Services”.
Consultant submitted a proposal dated April 20, 2022 in response to the RFP.
C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the professional engineering and plan check services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.
D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Strictly on an on-call basis, Consultant shall provide those services (collectively “Services”) in the Request for Proposal attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. Given the on-call nature of this Agreement, Consultant acknowledges that there is no guarantee that City shall request any Services hereunder.
1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.
1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and 3 of 20
Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.
1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.
2.0 Term
2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years (“Original Term”) and shall expire at midnight on July 25, 2025, unless sooner terminated or extended as provided by this Agreement.
2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each (“extension”), by providing written notice to Consultant at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from July 25, 2025, through and including July 25, 2026, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from July 25, 2026, through and including July 25, 2027, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Consultant’s authorized representatives.
3.0 Consultant’s Compensation
3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of $300,000 (three hundred thousand dollars) for the Original Term.
3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not-to-exceed amount of $100,000 (one hundred thousand dollars) for each one-year extension.
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4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City’s representative for purposes of this Agreement.
6.2. Tim D’Zmura is the Consultant's primary representative for purposes of this Agreement. Tim D’Zmura shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.
7.0 Notices
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7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Annealta Group
5151 Oceanus Drive, Suite 103
Huntington Beach, CA 92649
Attn: Tim D’Zmura
7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8.0 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.
9.0 Independent Contractor
9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and 6 of 20
expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.
9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
9.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
10.0 PERS Compliance and Indemnification
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10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.
10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.
11.0 Confidentiality
11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively “Data & Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.
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11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors 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 or with respect to any project or property located within the City. City may, 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, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
11.3. Consultant’s covenants under this Section shall survive the termination or expiration of this Agreement.
12.0 Ownership of Documents and Work Product
12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.
All Data & Documents shall be considered “works made for hire,” and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.
12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.
12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this 9 of 20
Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.
These covenants shall survive the expiration and/or termination of this Agreement.
12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall 10 of 20
allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.
16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.
Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.
17.0 Insurance
17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.
17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:
17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;
17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance 11 of 20
Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).
17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease;
17.2.4. Professional Liability (or Errors and Omissions) Liability. , with minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.
17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
17.4. Additional Insured.
17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.
17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.
17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.
17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;
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17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;
17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.
17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.
17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The 13 of 20
certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 18.0.
17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
18.0 Indemnification, Hold Harmless, and Duty to Defend
18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design 14 of 20
professional,” as the term is defined under California Civil Code § 2782.8(c).
Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.
18.2. Other Indemnities.
18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
18.2.3. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.
18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or 15 of 20
Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
18.4. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.
18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.
18.6. Survival of Terms. Consultant’s indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.
19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.
20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 16 of 20
21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.
22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.
25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.
26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 17 of 20
27.0 Prohibited Interests; Conflict of Interest
27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.
28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility 18 of 20
or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
30.0 Non-Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
31.0 Mutual Cooperation
31.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
31.2. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
33.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from 19 of 20
the losing party all of its attorneys’ fees and other costs incurred in connection therewith.
34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
EXHIBIT A
Consultant’s Proposal
ANN E AL TA
GROUP
P R O P O S A L T O P R O V I D E
On-Call Professional Engineering Plan
Check Services
PREPARED FOR
Denice Bailey
Project Engineer
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
S U B M I T T E D B Y
ANNEALTA GROUP
Tim D’Zmura, PE, CBO, AICP | President/CEO
5151 Oceanus Drive, Ste 103
Huntington Beach, CA 92649
direct 714.625.5840
[email protected]
Table of Contents
Cover Letter.............................................................................................................................................1 Company Qualifications.........................................................................................................................3 Local Staffing List...................................................................................................................................8 Understanding/ Approach....................................................................................................................11 References ............................................................................................................................................17 Exceptions/ Business Entity/ Contract Signatories...........................................................................18 Fee & Cost Proposal (under separate cover).....................................................................................21 Appendix
Sample Correction List
Sample Plan Check log
Resumes
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April 20, 2022
Denice Bailey, Project Engineer
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Re: Proposal to Provide On-Call Development Engineering, Plan Checking and Program Management Services
Dear Ms. Bailey,
Annealta Group is pleased to submit our proposal to provide On-Call Development Engineering, Plan Checking and Program Management Services in support of the Public Works Department of the City of Laguna Niguel. These are core services that Annealta Group provides to its clients and we are uniquely positioned to serve the City when called upon. We have carefully assembled a team of experienced and professional staff who possess the know-how and skill set to serve as an extension of the City’s staff in performing a variety of services on an as needed basis.
We understand that the City of Seal Beach is seeking qualified firms to provide professional plan check services in support of the City’s Public Works Department - Administration & Engineering division. The Division is responsible for directing, planning, organizing, and managing the infrastructure for the City's beach, buildings, sewer system, water system, parks, trees, landscape, and streets. Related activities include grant preparation, contract oversight, land development, construction activities, and coordination with various agencies such as the Coastal Commission, OCTA, and Orange County Public Works, among others. The division also prepares and oversees the City's annual budget document and Capital Improvement Program (CIP).
Specifically, assistance is needed in the review of the following type of projects:
▪ Land Development (i.e., grading, streets, hydrology, water quality management plan)
▪ Utility (i.e., wireless telecommunication and investor-owned utilities) ▪ Surveying
▪ Subdivision (i.e., lot line adjustment, tract map, parcel map, certificate of compliance)
We view the keys to serving Seal Beach as follows:
✓ Providing a Principal in Charge with Coastal Zone Experience ✓ Leveraging the experience and knowledge our staff has gained in serving similar Orange County & Coastal cities including the following:
▪ Laguna Niguel
▪ Fountain Valley
▪ Encinitas
▪ Palos Verdes Estates
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✓ Assigning high quality, experienced staff that work well with city staff ✓ Coordinating effectively with other city departments and outside agencies As requested in the RFP, Annealta Group is a California S Corp #C-3825679 and corporate office location is:
Tim D’Zmura, PE, CBO, AICP - President/CEO
Annealta Group
5151 Oceanus Drive, Ste 103, Huntington Beach, CA 92649 direct 714.625.5840 | [email protected]
Please don’t hesitate to contact me directly if you have any questions or would like additional information about how we can assist.
Thank you for the consideration of our proposal!
Sincerely,
Tim D’Zmura, PE, CBO, AICP
President / CEO
Contact
Tim D’Zmura, PE, CBO, AICP
President/CEO
714.625.5840
[email protected]
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Company Qualifications
Annealta focuses on providing the expertise required to assist our clients with professional services tailored to their specific and unique needs. Spanning critical municipal service areas including public works, city engineering, planning and building and safety, our team of experts bring a wealth of expertise in their respective fields. Serving in the capacity as an extension of our client’s staff, we are committed to achieving your organization's goals and overcoming challenges that many assignments encounter. Our client references can attest to our successful track record of the delivery of services and projects on time and within budget in a customer friendly manner! Annealta’s unique combination of qualifications, experience and certifications will enable us to work effectively with the Public Works Department as well as other city departments in the successful delivery of projects for the City. Our company formed in 2015 in response to client demands for focused services provided by smaller, principal led firms as opposed to untailored services provided by some larger corporations in the market place. Our staff has a proven track record of successfully delivering projects and effectively coordinating with other city departments as project issues and deadlines dictate.
We provide the following services to cities/counties:
✓ Plan Review
✓ Construction Management
✓ Construction Inspection
✓ Public Works Staff Augmentation
✓ Program Management
✓ Project Management
✓ Planning
✓ Building Inspection
✓ Organizational Assessments
Annealta Group Strengths
Today’s development environment can place increased demands on city staffing resources. Annealta Group can help alleviate or minimize this staffing resource burden and at the same time provide a high level of customer service in a budget friendly manner, and we possess the ability to adjust service levels as needed. We fully understand these resource demands, have experience in successfully providing services under these conditions and are committed to working for you and the residents of the City.
We propose to provide the City the following fundamental elements:
✓ Customer service. One of the keys to the success of your department is providing your customers (residents, architects, engineers, contractors) with excellent service. We are committed to providing a level of service to you and your constituents that will meet or exceed your expectations. ✓ Tailored, City-specific services. We deliver skilled and thorough planning services. Experienced staff will be assigned to projects that possess both the technical know-how and communication skills necessary to effectively process projects according to City policies and procedures. ✓ Effective Coordination with other City Departments. We are proud of our staff’s track record of effectively communicating and coordinating with other City divisions and departments. We understand the one stop shop approach to providing a high level of service to residents and developers alike.
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✓ Project Controls. The services we provide are always closely coordinated and monitored to ensure we meet or exceed the service levels desired by the City, but also stay within the financial capacity of your operating budget. We have broad experience and “hands on” knowledge of municipal budgeting, specifically related to expenditures and cost recovery associated with private development processing and permitting.
We will work in close partnership with the City, tailoring our services and deployment of staff to match the allocated budget.
We understand that as needs arise, the City will contact consultant(s) to respond to a detailed request and provide a specific staffing candidate and cost. Based on the City’s request, we will propose the best suited staff that has the skillset aligned with the critical aspects of the specific need. Staff proposed will be experienced at working in a municipal environment, nurturing positive relationships with affected parties, and collaborating with both internal and external stakeholders to deliver the project on time and within budget. Of critical importance will be the assigned staff’s ability to effectively communicate project issues to the City Project Managers and Directors to avoid any surprises on the project.
Our strengths are:
▪ Track record of delivering projects on time and within budget ▪ Small firm commitment to getting the job done right
▪ Transparent and ethical methods for delivery of services ▪ A hands-on principal
▪ Unique experience collaborating with internal departments to assist in problem solving and project delivery
Our staff has dedicated their careers to serving government agencies in a transparent and ethical manner. We are fortunate to have many public agencies as our clients and are proud to include the following that are familiar with our staff’s success in the delivery of services and projects similar to the needs of Seal Beach. ✓ Laguna Niguel
✓ Encinitas
✓ Fountain Valley
✓ San Gabriel
✓ Culver City
✓ Industry
✓ Palmdale
✓ Cypress
✓ Orange
Experience
We have performed Plan Check Services since the initiation of our company. Additionally, our staff has significant and relevant experience in serving municipalities on a wide range of assignments in a variety of roles. Our unique experience, including serving in the management roles of Public Works Director, City Engineer, Planning Director, Building Official, provides us a different perspective that aids us in the successful delivery of projects to our clients.
Annealta Group possesses the knowledge, expertise and experience to provide the needed services to the City. Below are some specific samples of our specific, recent project experience in similar roles.
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City of Encinitas – Public Works Management
Annealta Group served the city as interim Public Works Director with oversight of public works administration, street maintenance, stormwater maintenance, trash and recycling and the clean water program divisions and managing a staff of 60 full-time employees with a budget of $7.0 million. Annealta Group performed an organizational assessment which reviewed processes, work environment and organizational structure. The assessment guided the development of recommendations and action plans to support the city’s objectives. Oversight of public works included management of capital improvement projects, review of payment for contract services; work with other city departments and divisions to identify and prioritize tasks related to engineering projects. We were responsible for developing, administering and tracking the department budget, preparing department agenda items and writing and presenting staff reports to City Council. We also managed a wide variety of construction and maintenance projects including easements, legal descriptions, plan checks, construction inspections, and materials testing; and directed traffic engineering and transportation planning activities and studies.
City of Laguna Niguel – Plan Check, Program & Project Management Annealta Group serves the Public Works department with a variety of projects and tasks. The city has 41 projects in its adopted Five-Year CIP 2019-2023 and our role is to identify strategies to expedite and deliver critical projects for the community. Specifically, we:
▪ Assess and confirm current project schedules and budgets ▪ Under the direction of the Director, identify (1) high priority projects and (2) quick delivery projects that are contained in the current CIP
▪ In conjunction with city staff, review, adjust and implement expeditious project delivery methods for identified CIP projects
Specific Projects:
Chapparosa Park, Marina Hills Park, La Plata Park Equipment Replacement and Drainage Repairs Project – This project consists of the removal of outdated play equipment in the three parks, including new ADA access, irrigation, playground surfaces and landscaping. This project also included the addition of another Capital Improvement Project for drainage facility improvements to one of the parks. Annealta Group assumed responsibility as Project Manager over the stalled project (2 years old) to ensure the project got back on track for completion. Completed the first official plan check of the project and coordinated corrections with the Design Landscape Architect. Negotiated Amendments to finish the project plans and specifications. Negotiated a settlement with the Design Landscape Architect over disputes that were over one year old.
Public Works Street Maintenance Policies and Procedures Manual – Drafted a Policies and Procedures Manual for the Public Works Street Maintenance Division. After the Manual was completed, Annealta reviewed the City’s current programs and staffing levels, and completed schedules and budgets to follow for implementation of the programs for each function of the Division. Mentored and trained the Street Maintenance Superintendent on the implementation of the procedures.
Crown Valley Park Building Tier III Project – This is the construction of a new, $37 million, three story Community Center complete with city staff offices, community rooms, and a full locker room for the existing Public Swimming Pools and Spa. Annealta served as Project Manager for the last seven months of the project. This was a very complex city project that was completed with the Multi-Prime Method of project delivery. We had oversight of the Design Architecture Services ($1.9 million), the Construction Management Contract ($2 million), and over 24 contractors of various disciplines for a public building and infrastructure. Duties also included coordination with other City Departments (Parks and Recreation, Finance, Building and Safety, City Clerk, and City Manager’s Office), drafting of Council Staff Reports, completion of power point presentations for Ad-Hoc Committee meetings, coordination of new IT services and furniture orders, and the continued access of a very active YMCA and Botanical Preserve Volunteer Group.
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City of Fountain Valley – Plan Check, Construction Management & Construction Inspection
Annealta Group currently provides construction management and inspection services for various capital improvement projects including arterial and residential pavement rehabilitation and resurfacing, sewer line structural repairs, waterline replacements, drainage facility improvements, sidewalk improvements, arterial median landscape projects, parkway landscape improvements, government building interior and exterior improvements and traffic facility improvements.
Fiber Optic Project – Served as the city’s Project Manager/Inspector in support of the public works department. The project plans are for Frontier to install fiber optics citywide over the span of two to three years. We are currently providing project management/inspection services, plan check review and inspection of all things required to facilitate Frontier’s efforts.
Residential Roadway Rehabilitation City of Fountain Valley Project (GT229) – Served as full-time onsite public works inspector responsible for coordination with City staff and contractor / subcontractor, pre-construction, inspection and monitoring of day-to-day work and activities. Project work included asphalt cold mill and overlay, asphalt slurry seal, thermoplastic stripping, remove and replace PCC curb and gutter, curb ramp improvements to meet ADA requirements. Project budget was $1.7M.
Residential Roadway Rehabilitation Project – project includes 1” cold mill and re-paving of 2.5” of roadway pavement section on 38 different residential streets. Work also includes installing new curb ramps, replacing deteriorated sidewalk and curb & gutter.
Street Improvement Project (T1274) – project includes grinding and re-paving of 2”- 3” of roadway pavement section on Newhope Street from Talbert Avenue to Warner Avenue. Work includes grinding, several full depth asphalt removal and replacement, removal and replacement of concrete curb & gutter and curb ramp, construction of rubberized asphalt concrete surface cap, PCC repairs and installation of traffic loops, signs, striping and pavement markers. Project will also reconstruct the median near Slater to provide better access to adjoining commercial properties as well as maintaining enhanced landscape opportunities.
Annual Street Rehabilitation – Served as the Public Works Inspector/Manager responsible for day-to-day tasks on this arterial/secondary street rehabilitation project. Services included review of the submittals, all construction activities, managing all contractors/sub-contractors, materials testing, coordination with City staff, pre-construction, construction meetings and utility coordination, schedule management, change orders and final closeout activities. Budget $2.25M City of Palos Verdes Estates – Public Works Director & Planning Director 1990-1999
Mr. D’Zmura’s principal accomplishments and assignments included:
• Development of a Pavement Management System
• Drafted the Soils and Geology Review Process
• Provided Project Engineering on the Via Zurita Hairpin Turn Roadway Repair Project • Management of the Preparation of the Traffic Calming Plan • Construction Contract Management
• Plan Review
• Capital Improvement Planning and Implementation
• Guidance on Hillside Development and Grading
• Roadway and Landscape Maintenance Management
• Feasibility Studies
City of Industry – Development Plan Check | Construction Inspection Annealta Group serves the city with a number of staff. Our service includes a full-time, on-site staff member who provides engineering plan check on a variety of development projects. Annealta Group also provides all development engineering services inspections including grading and storm water compliance, planning and building services.
Supporting the Building Department, our full-time permit technicians provide front counter support, minor plan review, permit processing and customer service. Planning services include assisting the city in the review of new development projects and special programs. Our staff’s key duties also include the following:
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▪ Counter technician services
▪ Development plan review
▪ Special projects processing
▪ Processing administrative and discretionary land use entitlement applications ▪ Preparing and presenting Planning Commission and City Council staff reports ▪ Assistance at the Planning Department’s public counter City of San Gabriel – Public Works Management
Annealta Group served the city as interim Public Works Director managing 32 full-time employees and a budget of $14 million with oversight of their entire capital improvement program; directed the preparation of plans, specifications, cost estimates, and contract documents; visited construction sites to ensure conformance to plans; reviewed and approved payments for contract services; and worked with other City departments and divisions to identify and prioritize needs related to engineering projects. We were responsible for developing and administering the department budget, preparing department agenda items as well as writing and presenting staff reports to City Council. We also managed a wide variety of construction and maintenance projects including easements, legal descriptions, plan checks, construction inspections, and materials testing; and directed traffic engineering and transportation planning activities and studies.
City of Palmdale – Engineering Plan Check and Project Management for CIP Annealta Group provides on-call plan check services for a variety of capital improvement projects in the City. In 2016 the City developed a 10-year CIP plan with a budget of $914 million, which includes 227 proposed projects divided into five categories: General, Park and Culture, Streets, Traffic and Watershed Resources. We serve as a vital extension of the City staff to review projects for compliance and consistency with a number of local, county, state and federal regulations. This includes Civil Engineering plan check, including the review of design plans, specifications, cost estimates and contract documents for projects such as street improvements, structural portland cement concrete bridges and structures, storm water, parks and recreation, water and wastewater infrastructure design for distribution and collection system and regulatory compliance, engineering plan check review for private developments, structural plan design and preparation of miscellaneous grant funding applications.
City of Indian Wells – Program & Project Management
Annealta Group has been awarded a contract for Project Management Support Services on at least six (6) projects that are in the current approved City’s Capital Improvement Program (CIP). We assisted the city with drafting a Request for Qualifications to provide the City with “On-Call Engineering Design Services.” Annealta developed Proposal Rating sheets and a tabulation spreadsheet, supported the city during the advertising process, review of proposals, and was a part of the interview panel, and drafted the City Council Staff Report for award. We also drafted Bid Advertisements for the Camina Del Rey Street Overlay Project and the El Dorado Drainage Channel drop structure. Our staff will support the city staff with future projects as needed. The projects in the current CIP are:
▪ Annual Asphalt Program
▪ Whitewater Drainage Improvements
▪ Concrete Remove and Replace Annual Program
▪ Update Pavement Management Assessment
▪ Circulation Master Plan
▪ Golf Cart Bridge Maintenance
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Local Staffing List
Based on the City’s request, we will propose the best suited staff led by a Project Manager with the skill set aligned with the critical aspects of the specific need. Tim D’Zmura, PE, CBO, AICP will serve as your Project Manager and your Management Contact with Annealta Group. Staff proposed will be experienced at working in a municipal environment, nurturing positive relationships with affected parties, and collaborating with both internal and external stakeholders to deliver the project on time and within budget.
ORGANIZATION CHART
We propose the follow structure and potential staffing candidates to support the city.
P R I N C I P A L - IN - C H A R G E
Tim D’Zmura, PE, CBO, AICP
City of Seal Beach
P L A N C H E C K
Rick Jones, PE, QSP, QSD
Angel Fuertes, PE, QSP/QSD
Tim D’Zmura, PE, CBO, AICP
Edgar Monroy, PE, TE
Ardi Vajdi, QSP
Jeff Coplen, QISp, QSP
Chuck Burkhardt
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Below are resume summaries along with detailed relevant staff experience. Detailed resumes are included in the Appendix.
Tim D’Zmura, PE, CBO, AICP │ P R I N C I P A L I N C H A R G E & E N G I N E E R I N G P L A N
C H E C K E R
He brings more than 30 years’ experience and has served public sector clients as in-house public works director, city engineer, planning director, assistant city engineer and building official. He has served private sector clients as a project manager and design engineer. Tim has served as resident engineer on dozens of federally funded municipal projects and delivered those projects on time and within budget. In addition, a collaborative working style enables him to bring recommendations to stakeholders when problems are encountered so solutions may be quickly identified and implemented.
Rick Jones, PE, LS, QSP, QSD │ M A P & E N G I N E E R I N G P L A N C H E C K E R Mr. Jones serves as a Professional Reviewer with over 39 years of experience in the industry. He works with a staff of Engineers and Surveyors and is directly responsible for review and approval of Land Development and Public Works Projects. He has served as a City Engineer and City Surveyor to multiple jurisdictions in Southern California including the City of Rancho Palos Verdes, City of Palos Verdes Estates, City of Stanton, City of Moorpark, City of Twentynine Palms, City of Yucaipa, and the Town of Apple Valley.
Angel Fuertes, PE, QSP/QSD │ E N G I N E E R I N G P L A N C H E C K E R Angel is a highly knowledgeable project manager with 35 years of successful construction management, city engineering and implementing and administering public works projects and programs. He has broad experience administering contracts for capital projects from design through construction phases, staff augmentation, and construction administration/inspection. He has also managed the development of CIP projects including planning, budgeting, identify funding sources and completing grant applications. Angel is a professional who brings solutions to our clients. He is flexible and his communication style fosters a teamwork atmosphere in resolving challenges. He is committed to serving the needs of the client through strong leadership and a collaborative approach.
Edgar Monroy, PE, TE │ E N G I N E E R I N G P L A N C H E C K E R Edgar has more than 40 years of experience and has served primarily in the role of city traffic engineer in the Southern California region. He brings a high level of expertise having developed and reviewed many traffic impact studies, signal design, traffic signal timing, construction traffic control plans and signing and striping. He has led and managed entire departments plus managed public works crews related to signal, signing and striping. His experience also includes reviewing land development plans, surveying and hydrology studies. He brings a wealth of knowledge and a high level of customer service to our clients and the community.
Ardalan Vajdi, QSP │ P L A N C H E C K E R
Ardalan is trilingual in English, Persian and Armenian and brings 18 years of experience in construction management and construction inspection of heavy civil/roadway, utilities, buildings, tunnels, and structures. Most recent experience includes construction quality assurance as the owner’s representative for municipal projects, including bridges, roadway and utility infrastructure improvements in California. His experience also includes bridge hinge replacement and demolition in Southern California, Portland Cement Concrete Pavement in Las Vegas for Clark County and signal replacement projects for Colorado Department of Transportation. His international experience includes heavy civil, rail, tunneling, and building construction quality assurance and project management in UK and Africa. He fosters a team approach with the owner, designer, contractor and other stake holders to facilitate timely resolution of issues while maintaining the highest standards of safety and quality, keeping in mind budget constraints.
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Jeff Coplen, QISp, QSP │ P L A N C H E C K E R
Jeff possesses over 20 years of engineering, project management, construction management and construction inspection experience. His vast project areas include: street improvements; sewers; storm drains; buildings; lighting; traffic signals; recycled and potable water treatment and distribution; reservoirs; pipelines; wells; pump stations; lift stations; tanks; meters; SCADA; water sampling, testing, and analyzing; roadways; parks and medians. Jeff has a strong understanding of the Greenbook, CSI codes, Caltrans standards and the WATCH manual. He utilizes this expert knowledge to maintain a high level of quality and collaboratively works with all parties to resolve any problems or question that may arise. His ability to focus on the project details coupled with his extensive public works experience ensures that all work is completed on time, within budget, and per plans and specifications Chuck Burkhart │ P L A N C H E C K E R
Chuck has served cities throughout Southern California as a public works professional for nearly 50 years. He is a seasoned manager who effectively and collaboratively works with staff, agencies and contractors to ensure projects are carried out as specified. His vast project experience encompasses all types of projects from small municipal projects to multi-million-dollar, complex projects including street improvements, infrastructure renovations, pipelines, libraries and community buildings. His diverse and extensive background allows him to bring a deep understanding and expertise to clients that assists in the delivery of projects on time and within budget.
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Understanding / Approach
Development Engineering Plan Check
We understand the City is looking for consultants who possess a thorough knowledge of civil engineering principles including street design requirements, storm drain design requirements, water & sewer design requirements, traffic engineering and traffic operations principles and design requirements. Our staff is experienced and can make thoughtful, independent
engineering judgments and decisions, and positively interact with private and public sector personnel. We understand our role in serving as an extension of your staff. Specifically, the consultant would assist Public Works, which provides
engineering and review services for construction of all development projects and public improvements throughout the City. The Department is responsible for providing a complete and comprehensive engineering review of all development projects from the conceptual stage to completion. The responsibility entails review and approval of all final tract and parcel maps, grading plans and improvement plans (street, water, sewer, storm drains, erosion control, landscaping & irrigation) for compliance with land use regulations, City Master Plan of Street & Highways, Standard Plans for Public Works Construction Projects and to ensure that all public improvements are bonded prior to construction.
The scope of work may include the following tasks:
1. Review public/private development plans and maps within ten (10) working days per review.
2. Review National Pollutant Discharge Elimination System (NPDES) reports, Water Quality Management Plan (WQMP), and Storm Water Pollution Prevention Plans (SWPPP) within ten (10) working days per review.
3. Review telecommunication permits/plans.
4. Review utility permits/plans.
5. Update development-related documentation, interagency coordination checklist, policies and procedures.
6. Other engineering-related tasks, as necessary.
Additionally, it is our understanding that all plans for private developments (which includes residential, commercial and industrial and tract/parcel maps, etc.) are submitted to Public Works for review and approval. Public Works provides conditions of approval that that categorizes the required project conditions:
✓ Prior to Final Map Recordation
✓ Prior to Grading Permit Issuance
✓ Prior to Utility Permit Issuance
✓ Prior to Improvement Permit Issuance
✓ Prior to Building Permit Issuance
All submittal packages must be deemed complete prior to review. A complete submittal for Public Work's initial review may include but is not limited to the following:
✓ Preliminary Title Report
✓ Conceptual Grading Improvement Plan
✓ Preliminary Soils Report (no older than 1 year)
✓ Preliminary Hydrology/Drainage Report
✓ Preliminary Water Quality Management Plan (WQMP)
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✓ Draft Traffic Impact Analysis
✓ Additional plans and reports as required for the proposed development ✓ Conceptual Utilities Plan (existing and proposed) include:
▪ Sewer
▪ Water
▪ Storm drain
Once residential subdivisions, commercial or industrial projects have been approved by the Planning Commission, the Public Works Department accepts the final tract/parcel map, grading plans, improvement plans and the corresponding reports for plan check. A complete submittal may include, but is not limited to the following:
✓ Grading Plan
✓ Street Improvement Plan
✓ Traffic Signal Plan
✓ Signing & Striping Plan
✓ Sewer Improvement Plan
✓ Water Improvement Plan
✓ Storm drain Improvement Plan
✓ Landscape Improvement Plan
✓ Cost Estimate
✓ Soils Report
✓ Hydrology Report
✓ Traffic Study
✓ Sewer Analysis/Study
✓ Water Analysis/Study
✓ SWPPP (Stormwater Pollution Prevention Plan)
✓ WQMP (Water Quality Management Plan)
✓ Final Parcel or Tract Map (included reference materials) ✓ Approved Tentative Map
✓ Preliminary Title Report (not older than 30 days)
✓ Reference Plans
We will perform plan checks and reviews in accordance with the City Design Policies, American Public Works Association Standards, Caltrans Highway Design Manual, Caltrans Traffic Manual, Caltrans Standard Plans and Specifications, Orange County Hydrology Manual and the Americans Disability Act and California Title 24 requirements on accessibility. In addition to reviewing improvement plans using these standards and specifications, our engineers use these plans and specifications when preparing engineering bid documents for capital improvement projects for municipal clients in the local area. Our engineers are not just plan reviewers, they are licensed professionals that make sound engineering decisions and communicate effectively with internal and external clients.
The plan check will be routed to the most appropriate and qualified staff based on expertise and ability to meet the required turn-around time. After a Quality Assurance review by the project manager, the plan review comments will be routed to City staff for final review and transmittal to the applicant. Our online database will then be updated to reflect status of the submittal. All formal project submittals will be routed through the City in order to maintain the accountability and integrity of the plan check process.
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Annealta can accommodate the standard plan review turnaround time that is required by the City. Our typical goal is to provide plan review comments on the first submittal within 10 working days, and within 10 working days on all subsequent submittals. Our organization is extremely flexible and has the ability to meet shorter turn-around times if requested by the City and applicant. One of our goals is to make the first plan review comments as thorough as possible and reduce the possibility of new comments coming up later in the plan review process. Additionally, our staff strives to be proactive in plan review and will contact the applicant as needed to review technical questions. This can often help eliminate costly re-submittals.
Plan Check
The scope of work may include the following tasks:
✓ Perform review of civil related improvement plans, grading, sewer, storm drain, and erosion control.
✓ Perform review of parcel maps, tract maps, easements, and lot line adjustments.
✓ Perform review of traffic signal installation or modification plans. ✓ Perform review of studies and reports such as sewer, drainage, geotechnical, and WQMP.
✓ Knowledgeable about commonly used software programs and Orange County Hydrology and Local Drainage Manuals.
✓ Prepare plan check comments in concise and understandable manner. ✓ Perform review of encroachment permit applications, including permit conditions, traffic control, working hours, and fees.
✓ Interact with private and public personnel.
✓ Submit resumes for permit technician/engineers who will provide 25 hours per week of permit reviews and processing.
Subdivision map checking services shall include review of private development parcel, tract and final maps and may also include capital improvement projects. Services provided shall also include review of documents to be recorded by separate instrument, reports and calculations including but not limited to easement and right-of-way documents, closure calculations, lot-line adjustments, certificates of compliance, title reports, etc.
A Licensed Land Surveyor shall personally examine each map and certify the correctness of each of the items listed in Subdivision Map Act Section 6642 (a).
We will perform all map checking and review of supporting documents necessary for map approval and recordation. Map checking and reviews shall be coordinated with ROW improvements and shall also confirm incorporation of stakeholder comments (including but not limited to Utility Services, Maintenance Services, Traffic/Transportation, Parks Recreation & Arts, etc. where easements and/or maintenance agreements may be required.) As directed, Consultant shall coordinate with all stakeholders (external and internal) throughout the map check process, including but not limited to coordinating and meeting with Developers/Owners, Private Surveyors/Engineers, and other City Departments, Divisions and Sections.
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Consultant shall utilize the City’s checklists/forms and initial/sign-off where indicated for “CITY”.
First (pre) submittal by the Applicant/Owner shall be made to a City. If accepted, the City will forward to the Consultant for logging and first check. With the City’s approval re-submittals shall be made directly to the Consultant, logged and checked.
When the Consultant returns comments to the Developer’s Surveyor/Engineer, the Consultant shall log and package shall include:
✓ Electronic Map Check Mark-ups (Map, Reports and/or Calculations) ✓ Completed City Checklist
✓ Additional Comments List(s)
✓ Consultant shall copy the City on all communications
Peer Review Plan Check
We understand that the selected consultant may also be responsible for peer review, including independent review of PS&E and other documents.
KEY SPECIFIC DUTIES
✓ Communicate with the City to identify critical project issues ✓ Project site examination
✓ Engineering plan check – both horizontal and vertical elements ✓ If required, establishment of QA/QC protocol including the following:
▪ In the design phase of a construction project, the quality assurance program will focus on the procedures that the design engineer has implemented to ensure that the design meets quality standards. It will specify qualifications for designers; sign off approvals for plan preparation, revision and approval protocols; and minimum standards for the materials called for in the plans.
▪ The quality assurance program will review the contractor’s processes for determining which suppliers are qualified to deliver the required quality. Quality control applies the process, makes sure the selected suppliers meet the qualification criteria and carries out any testing that is required. Plant inspection and testing will be required for many materials including asphalt. The contractor will be held responsible for corrective action if the inspector find that material is not as specified or does not meet the required quality standards.
▪ Quality assurance specifies how to determine the applicable construction standards. We will set up a process that allows evaluation of a construction specification or project description to identify standards that will result in the quality the City wants, in addition to satisfying legal and Green Book requirements. The program will include specific tests for basic materials such as asphalt, steel and concrete.
Electronic Plan Check
Various cities have adopted the process of utilizing Electronic Plan Check. Electronic Plan Check programs enables applicants to submit Portable Document Files (PDF), as an alternative to submitting the required application, construction drawings, and supportive documentation (i.e. structural calculations, soils reports, water supply tests, etc.) in the traditional paper form. Moving from hard copy review to electronic plan review reduces the turnaround time as well as enhances communication throughout the process. Many cities are utilizing a variety of software programs to adopt this method as a means to improve customer service, reduce turnaround time and cost for the applicant.
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Annealta Group staff is familiar with electronic plan check process and have provided this service to many of our clients. Utilizing electronic plan check we are able to efficiently manage, track, review and communicate plan review comments and approvals in real time with the applicant. This process improves collaboration and promotes project transparency with all stakeholders. We are proficient using various software applications, including ProjectDox, EnerGov, e-PlanSoft, Bluebeam, Revu, Adobe, TrakiT, SmartGov and NewForma. When requested, plan reviews will be conducted using the County’s electronic plan check system.
Quality Control
Our entire team will create and apply tailored and proven management systems that work and will carefully monitor program effectiveness, closely tracking work quality, quantity, and cost for all projects. Delivering projects under aggressive schedules requires careful management, administration, and oversight of project development teams from inception to completion with complete ownership of all aspects. This approach and detailed oversight produce projects that are typically free of errors.
However, should a project encounter a problem, our staff will work closely with the City and its staff to quickly make the necessary corrections. Based on our experience, we will focus our efforts in the following areas:
Project Documentation – The project manager and reviewer will adhere to established standards for project record keeping. For public projects, the Caltrans model provides an excellent framework that we have built upon and utilize on all projects large or small in an effort to deliver the project and protect the City’s interest should an issue arise.
Customer Service – Public works personnel assigned will be well versed and have relevant experience in the communication needed when working in a municipal environment. Projects will likely impact residents and businesses that must first be identified and then treated in a respectful and understanding manner during the life of the project. Our staff will seek to identify potential issues as early on in the review process as possible and adhere to strong and accurate communications for the entire project process.
Communication Plan
A critical and essential element in project management is regular communication with the City to obtain direction on project issues impacting project scopes, budgets, schedules, and community sensitivities. We will immediately bring urgent project issues to the City. We will also establish fluid communication among our team and the City through recurring meetings described below:
• Weekly meetings with the City to review staff report agendas, CIP procedural or program issues. • Weekly project status meetings with the Project Management staff to review project status. • Regular meetings of Project Development Teams on key capital projects.
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Schedule Control
Our staff has many years of experience managing projects and delivering them ontime and within budget. Our success is due to our detailed approach throughout the life of a project. From the very start of a project, we establish a clear understanding of the critical components and key benchmarks that need to be achieved to stay on schedule. These are used on a daily/weekly basis to closely work with all departments and outside agencies to ensure the schedule and budget are monitored.
Despite this approach, some projects may fall behind schedule. If this occurs, Annealta will quickly review the reasons for the delay, identify options for getting the project back on track, and implement the selected option after consulting with the City. Scope, schedule and budget impacts of the delay will be scrutinized to ensure critical elements are not jeopardized by implementation of the corrective action. Annealta is committed to ensuring the necessary resources are dedicated to the project so it remains or is brought back on schedule.
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References
The following are clients that are familiar with our staff’s success in the delivery of services and projects. We encourage you to contact them.
City of Laguna Niguel
On Call Services 2018-present
✓ Development Engineering
✓ Plan Checking
✓ Program Management
Jacki Scott
Director of Public Works
30111 Crown Valley Parkway
Laguna Nigel, CA 92677
(949) 362-4337
[email protected]
City of Encinitas
On Call Services 2021
✓ Municipal Engineering/Staff Augmentation
✓ Program Management
Pam Antil
City Manager
505 S. Vulcan Avenue | Encinitas, CA 92024
(760) 633-2610
[email protected]
City of Palmdale
On Call Services 2017-present
✓ Plan Checking
✓ Map Review
✓ Municipal Engineering/Staff Augmentation
Lynn Glidden
Capital Improvements Program Manager
38300 Sierra Highway
Palmdale, CA 93550
(661) 267-5300
[email protected]
City of San Gabriel
On Call Services 2018
✓ Municipal Engineering/Staff Augmentation
✓ Plan Checking
✓ Program Management
Mark Lazzaretto
City Manager
425 S. Mission Drive | San Gabriel, CA 91766
(626) 308-2800
[email protected]
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Exceptions/ Business Entity/ Contract
Signatories
Exceptions
We look forward to the opportunity to review and discuss Section 14.2 “Other Indemnitees” of the City’s Standard Professional Service Agreement as it relates to insurable coverage for professional liability.
Business Entity
Annealta Group is a California S Corp #C-3825679
Contract Signatories
Please see attached Corporate Resolution
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Fee & Cost Proposal
As requested in the RFP, the Fee & Cost Proposal is being submitted under separate cover.
ANNEALTA GROUP
Appendix
Sample Plan Check Documents
Sample Plan Check log
Resumes
Project Title:
Reviewed By: City of Palmdale
Review Date: January 16, 2018
Note:
No DWG/
Spec/Sht No. Comments Reviewed By Response
TITLE SHEET
1 Title and
Location Map
Stamp and signature of a Responsible Engineer when ready to be approved by the City.
KT
2 Provide signature blocks for City of Palmdale City Engineer and/or Director of Public Works per City format
KT
3 Provide the City Logo of City of Palmdale on all sheets KT 4 Provide WDID No. at the bottom right corner of title sheet KT 5 Provide city engineering's contact and utility company's phone Nos. (Separate Sheet for utility contacts, if necesssary)
KT
6 Provide City of Palmdale standard improvement general notes. (Separate Sheet(s) if necessary)
KT
TYPICAL CROSS-SECTIONS (X3 - X5)
7 All shts Show the existing and proposed Right of Way lines on all cross sections. MG 8 Provide construction notes indicating the authorized Agency of applicable standard drawings on all cross sections.
MG
9 Provide pavement legends representing each pavement structural section and reflect them all sections on all street plans corresponding to the list of structural sections.
MG
10 Check and revise station limits and dimensions where noted MG
11 Address other redlined comments on the Typical Section Sheets MG KEY MAP AND LINE INDEX (K1)
12 Label Streets along Sierra Hwy also MG
PROJECT CONTROL PLAN
13 Gen Cmnts See redline plans
LAYOUTS (L2 - L7)
14 All shts Gen.
Cmnts.
Provide applicable construction notes on all sheets including curb ramp warning detector truncated domes.
MG
15 End of work to join the existing improvements needs a note to state the beginning and the end with street station and TC elevation.
MG
Prepared By: Annealta Group
City of Palmdale Plan Check Comments
Tim D'Zmura 714-625-5840
This plan review of the 65% PS&E submittal is limited to the improvements within the City of Palmdale's jurisdiction with the exception of the landscape & irrigation and electrical plans (to be completed by others). However, where there is overlap and interface between the City and Caltrans jurisdictions (ie.
SR 138/Sierra Highway intersection improvements, drainage improvements and H/H Calculations), comments are provided in the matrix below and/or on marked-up improvement plans, calculations and reports.
Additional information pertaining to Parson's SOW, discussions with the City Staff pertaining to extent of the drainage improvements will be necessary prior to the subsequent 90% submittal.
SR 138 (5th St. East to 10th St. East) Improvement Project
No DWG/
Spec/Sht No. Comments Reviewed By Response
16 Call out stations where pavement sections change MG
17 Provide reference TC/FL/FS at all BC, EC, ECR and BCR on curb returns. MG 18 Provide street STA and FS elevation at the CL intersection. MG 19 Provide abbreviations and legends applicable for all sheets. MG 20 Address other comments shown on the marked up plans. MG PROFILE AND SUPERELEVATION DIAGRAMS (P7 - P14 )
21 All shts Gen.
Cmnts.
Revise super elevation diagram to address cross-falls where medians curbs are on the opposite side of the centerline.
Provide top of curb profiles for proposed median curbs and east and west side curblines of Sierra Hwy.
MG
22 Provide Station and Elevations at 100' intervals, and at intersections , grade breaks, BC's, EC, etc. for curblines.
MG
23 Address other comments shown on the marked up plans. MG CONSTRUCTION DETAILS (C1 - C37)
24 All shts Gen.
Cmnts.
For cross reference purpose, provide typical street dimensions corresponding to every cross sections shown on cross section sheets. measured from the street centerline.
MG
25 Clearly Identify the lines shown on all sheets. MG
26 Show the proposed catch basins, local depressions and storm drain lines using ghost line.
MG
27 Check and verify all elevations and slopes. MG
28 Address other comments shown on the marked up plans. MG 29 C-11 Provide grid grade sheet (working file) to confirm grades within intersection.
TEMPORARY WATER POLLUTION CONTROL PLANS
30 Gen Cmnts See redline plans
CONTOUR GRADING PLANS (G-6 - G14)
31 All shts Gen.
Cmnts.
Provide typical street grading cross sections with dimensions, grade drops corresponding to the plans.
MG
32 Show street dimensions for curb to curb, R/W to R/W and leveled walkway (sidewalk) on the plans.
MG
33 Provide centerline alignment with bearing and curve data MG 34 Provide reference key elevations necessary for the street grade such as TC/FG/FS/FL at all BCR, ECR, BC and EC
MG
35 Provide street stations and FS/FG at the each street centerline intersection corresponding to the street plans.
MG
36 Title and
Location Map Provide WDID No. obtained from State Water Quality Control Board. MG 37 Provide City of Palmdale City Engineer/Director of PW's signature block as instructed by the City
MG
DRAINAGE PLANS, PROFILE, DETAILS AND QUANTITIES (D1 -DQ1) 38 All shts Gen.
Cmnts.
Provide signature blocks for City of Palmdale City Engineer and/or Director of Public Works per City format
MG
39 Provide the City Logo of City of Palmdale on all sheets MG 40 Provide city engineering's contact and utility company's phone Nos. MG 41 Provide standard improvement general notes as instructed by the City. MG
No DWG/
Spec/Sht No. Comments Reviewed By Response
42 General
Comments,
need to confirm
scope with City
vs. Caltrans
The following information on all SD sheets:
1. Bearing angles of storm drain line and laterals.
2. Provide catch basin identification number with indication of width (w) and vertical height (v).
3. Type of local depression and catch basin standards.
4. SD station at every 100 feet, BC/EC, MH, JS and Catch Basins.
5. Type of MH and CB.
6. Provide construction notes for all SD pipes, MH, CB and other SD structures.
7. A distance measured from centerline of the street to main SD line.
8. Direction of street flow design Q at all CB.
9. Show all underground utility lines in ghost line as well as crossing information when crossing over or under.
10. SD line data for new improvements.
11. Hydraulic design information on profile drawings (Q, Vel. , HGL and Water Surface Elevation at all CBs.
12. Angle of confluence between main and lateral connector shall not be more than 45 degrees unless lateral Q is less than 10% of the main line (TYP for all).
13. Specify D-loads for all RCP pipes.
14. Show street stations at the centerline intersection of the street.
KT
43 Show construction notes with all applicable standard drawing Nos and its Agency who has published standard drawings.
MG
44 Abbreviation and legends of symbols used for SD construction. MG 45 USA Dig Alert logo and Phone No. 1-800-227-2600 MG
46 Utility purveyor's phone Nos and Index Map MG
47 Prepare standard trench backfill and pavement repair detail or standard No. MG 48 Provide MH Sta. and MH No. and Rim elevations MG
49 D-1 No right angles on mainline. Please provide curve alignment at a minimum of 45' radius.
MG
50 DP-1 Provide hydraulic design information on profile drawings (Q, Vel. HGL and Water Surface Elevation at all CBs)
MG
51 DP-1 Provide Alphanumerical identification No on profile drawings for CBs and laterals and Lines such as LAT 1-6, LAT 1-5 as red marked on the plans.
MG
52 All shts Gen.
Cmnts. See plan set for additional comments MG
53 RCB Ext -
General Plan
1. Provide foundation plan to show existing and new utilities.
2. Provide details for extensions attaching to existing RCB (Drill and bond dowels?).
3. Specify railing on top of 732sw barrier.
4. Show max earth cover.
5. Provide wingwall and headwall details - height, thickness, steel.
6. Provide reference to D82 Std. Plan for design criteria, general notes and construction notes.
8. Address structural design parameters outlined in Foundation Report
9. Add cut-off walls, Rip Rap and scour protection per Foundation Report.
KT/ZD
UTILITY PLANS (U2 - U6 )
No DWG/
Spec/Sht No. Comments Reviewed By Response
54 All shts Gen.
Cmnts.
Provide proposed and existing SD line and CB. If any conflict is caused by new SD crossing, provide crossing details.
MG
55 If SD is crossing under of over the other utility lines, please provide vertical control crossing information with a special note for potholing prior to construction of the anticipated works.
MG
56 Address other comments shown on the marked up plans. MG 57 Utility Conflict
Matrix Add potential conflicts with proposed storm drain improvements. KT
CONSTRUCTION AREA SIGNS
58 Show the location of portable changeable mwssage signs YP
STAGE CONSTRUCTION PLANS, DETAILS AND QUANTITIES
59 Stamp and signature of a Responsible Engineer when ready to be approved by the City.
YP
60 Provide signature blocks for City of Palmdale City Engineer and/or Director of Public Works per City format
YP
61 Provide city engineering's contact and utility company's phone Nos. YP 62 Provide standard improvement general notes as instructed by the City. YP 63 Indicate the authorized Agency of standard drawings as stated on each sheets YP
64 Identify and show the street centerlines YP
65 Provide applicable construction notes missed on each sheets. If typical due to the complexity of draings, please label "TYP" as such.
YP
66 Provide standard abbreviation and legends as red marked on sheet and plans YP
67 Indicate Standard Drawings used for each sheet, applicable detail drawings if not standard drawings, and authorized agencies of standards.
YP
68 All red lines and marks shown on the plans are also to be proerly addressed. YP
TRAFFIC HANDLING PLANS, DETAILS AND QUANTITIES
69 Gen Cmnts See redline plans
PAVEMENT DELINEATION PLANS AND QUANTITIES
70 Gen Cmnts See redline plans
SIGN PLANS AND QUANTITIES
71 Gen Cmnts See redline plans
SUMMARY OF QUANTITIES SHEETS Q-1 TO Q-7
72 All shts Gen.
Cmnts.
The subtotal of most all the quantities are matching up with the BEES estimate, except where noted.
MG
73 Address other comments shown on the marked up quantity sheets (minor) 74 Q-1 . Totals match BEES
75 Q-2 . Totals match BEES except where noted on Sheet C-7 76 Q-3, Q-4
All station limits shown in quantity tables are not shown on sheets L-2 thru L-7.
Difficult to verify all quantities. Totals match BEES except where noted for Class 2 AB.
KT
77 Q-5, Q-6 All station limits shown in quantity tables are not shown on sheets L-1 & 2.
Difficult to verify all quantities.
KT
78 Q-7
All station limits shown in quantity tables are not shown on sheets L-3. Difficult to verify all quantities. Sheets L-4 thru L-7 limits correlate well with quantity table. Overall BEES quantities match up. Ck grand total of AB with BEES.
KT
No DWG/
Spec/Sht No. Comments Reviewed By Response
RAILROAD DITCH RCB EXTENSION
79 Gen Cmnts See redline plans
Drainage Report
80 DR Rpt. Stamp and signature of a Responsible Engineer when ready to be approved by the City.
KT
81 DR Rpt.
The City of Palmdale's, Contents of Preliminary Hydrology and Hydraulics Study Handout, dated October 2, 2007, Revised 01-2008, follows this page in the pdf, please address the requirements and comments contained in the marked-up drainage report.
KT
82 General
Comment/
Question
Need to confirm scope of work. Are other drainage improvements required in Sierra Highway or are existing drainage patterns to be maintained? KT
83 General
Comment/
Question (page
11)
Need to confirm scope of work. We understand that the that the topography and grades are relatively flat in this project area, we agree that additional inlets should be considered and included in the 90% design submittal to address anticipated ponding and spreads identified in this report to maintain dry lane width requirements per Caltrans, HDM Section 831.3 and City/County of Los Angeles Flood Control District Design Manual - Hydraulic requirements for SR138 and Sierra Hwy roadways respectively.
KT
84 General
Comment/
Question (Page
28)
Confirm invert elevations are on same vertical datum, between these as-built plans and the proposed design plans extending the existing RCB. (Address vertical datum adjustment as discussed in Foundation Report) KT
85 Proposed
Hydrology Map
1. Provide contours and pertinent elevations to define the drainage area contributing to project site.
2. Add Acreages and Node Elevations to confirm hydrology calculations and routing.
KT
86 DR Rpt. Address other redlined comments within the Drainage Report KT Foundation Report
87 General
Proposed improvements to incorporate recommendations from the Foundation Report:
1. Structural Design of RCB, Headwalls, Cut off Walls.
2. Check references to vertical datums between as-builts and proposed improvements shown on the general plan for the RCB.
KT
Materials Report
88 General Address existing and proposed pavement section(s) for Sierra Hwy Improvements.
KT
BEES Estimate
89 General WPCQ-1- Quantities match KT
90 General DQ-1 - Check and Revise 36" RCP Quantity as necessary KT Special Provisions (65% Submittal)
91 General Provide stamps and signatures at time of approval KT 92 pg 22 Add Applicable dates of reports and documents when approved KT 93 General We are assuming that these sections are deleted, since the City of Palmdale will be bidding the project and using their own bid documents, please confirm.
KT
94 General Address other minor redlined comments within the marked-up document. KT
Plan Check Log
Status: A - Approved; DWC - Denied With comments; P - Pending Review PC No.
Submittal
Date Due Date Status
Completion
Date
Planning Case
No. Assigned To Address Project Description Comments
LS 14-14 9/24/2015 12/7/2015 DWC 1/25/2016 SJ TTM 18274 perimeter right of way
landscape plans
1/25/16 - met w/ Joseph and Adam
and indicated that planning
comments would be complete by
1/26/16; gave comments to Nisha.
LS 14-13B 11/17/2015 12/7/2015 DWC 1/25/2016 SJ TTM 18249 main entry landscape plans 1/25/16 - met w/ Joseph and Adam
and indicated that planning
comments would be complete by
1/26/16; gave comments to Nisha.
LS 14-13D 11/17/2015 12/7/2015 DWC 1/25/2016 SJ TTM 18249 landscape plans for recreation
building
1/25/16 - met w/ Joseph and Adam
and indicated that planning
comments would be complete by
1/26/16; gave comments to Nisha.
LS 14-13 9/23/2015 DWC 1/25/2016 SJ TTM 18249
median and perimeter
landscaping for tract 18249
(Upland Crossings)
1/25/16 - met w/ Joseph and Adam
and indicated that planning
comments would be complete by
1/26/16; gave comments to Nisha.
14-497 10/19/15 A TR 18697
Revisions This appears to have been
approved, Checking with Building
Dept.
14-502 09/28/15 A TR 18697 7-plex condo Under Construction 14-773 10/12/15 A 12/3/15 SP-13-19 JW(WC) 2009 W Foothill Comm Add Lot Merger and easment shall be
recorded w/ county prior to final.
Proof shall be provided to
Development Services
15-199 01/26/16 02/11/16 A 2/1/15 N/A JW 386 Van Ness Avenue Guest House Conserned about sink in Living
Room, JG. Sink in living room is
Permitted Via 17.19.050 K, JW.
15-484 09/15/15 12/10/15 DWC CUP-13-07 JW 1251 W 24th Verizon Cell Site 15-519 11/02/15 DWC 11/16/15 MP 247 N. 2nd Paulies With Corrections 15-580 11/04/15 A 10/12/15 MM 1813 17TH Sprint
15-680 01/20/16 02/18/16 P N/A BM 2062 N. Euclid Ave Second Unit 15-753 09/29/15 DWC JW 400 E. 20th Cell Site
Issued Corrections 11/24 / See letter
from applicant Received 2-2-16
15-783 10/06/15 A 11/5/15 MM 1596 N Campus T-Mobil
Plan Check Log
Status: A - Approved; DWC - Denied With comments; P - Pending Review PC No.
Submittal
Date Due Date Status
Completion
Date
Planning Case
No. Assigned To Address Project Description Comments
15-799.1 10/13/15 DWC JW 2199 W Arrow Rte. Cell Site Issued Corrections 11/30 15-799.2 01/13/16 01/28/16 A 1/26/15 JW 2199 W Arrow Rte. Cell Site Approved 1/26/15 15-800 10/13/15 A 10/28/15 CB 1945 Campus Esquela Taqueria 15-819 11/04/15 12/14/15 P 1/6/16 TR 18249 SJ SWC Foothill/Monte Vista Pool/Rec @ Harvest corrections required; updated B&S
computer and permits plus
15-837.1 11/02/15 P 1623 N. Mountain Cell Site
15-837.2 10/29/15 12/14/15 DWC CUP-14-17 JW 1623 N. Mountain Verizon Cell Tower See CUP 14-17 15-837.3 01/12/16 01/28/16 A 1/26/15 CUP-14-17 JW 1623 N. Mountain Verizon Cell Tower See CUP 14-17 15-847 11/04/15 12/14/15 P 12/8/15 JW 1290 E. Foothill Blvd Verizon TI/ Run Fiber 15-857 11/12/15 12/14/15 DWC 12/14/15 MP 1232 N. Euclid Ave. Residential Addition Resubmitted 15-866 11/10/15 12/14/15 DWC JW 1539 Howard Access Road Verizon Cell Tower Resubmitted 15-869 02/04/16 02/17/16 P JW 370 Hervey Avenue Guest House Resubmitted See attached
comments
15-882 11/18/15 12/16/15 DWC CUP-15-05 CB 914 N. Central Ave 3rd Base Sports Bar TI, applicant to submit security plan 15-681 12/03/15 12/10/15 P DR-15-16 CB 1301 San Bernardino Road Sycamore Terrace Remodel 15-913-1 12/07/15 12/17/15 DWC 12/14/15 DR-15-22 JW 1596 N. Campus Ave.
SCE Padua Substation -
Landscape Plan
Notorized Acceptance of conditions
req'd, Need to update scope of work
to include only phase one.
15-913-2 12/21/15 01/12/16 A 12/30/15 DR-15-22 JW 1596 N. Campus Ave.
SCE Padua Substation -
Landscape Plan Resub- Approved
15-921 12-/15/15 01/12/16 A 1/14/16
MWCF-14-02
DR-14-03 CB 979 W. SeaBoard Court 50' Clock towere Cell Site applicant to submit signed AOC 15-943 12/17/15 01/12/16 P 1/12/16 TR-18707 SJ Sycamore Hills Com Site Under ground conveyer
System
Return comments to Building
1/12/16 - Plans and Planning
corrections placed in the B&S
"Planning Out Bin".
16-31 01/13/16 01/28/16 P DR-16-03 CB 100 E. Foothill Blvd. McDonalds, interior TI Return comments to PW's 16-42 02/02/16 02/17/16 P JW 1326 W 7th Street
Mod. To existing AT&T Cell
Tower
Site Plan is not clear as to where this
is?
16-70 02/02/16 02/17/16 P BM 181 N. 2nd Street
T.I. for Sinfully Sweet Apple
Co. Varify use as part of reviewing Ti's
PW 12/10/15 01/07/16 P DR-15-16 CB 1301 san Bernardino Rd. Parking Lot Grading Return comments to Public Works PW TM 18249 12/17/15 01/07/16 3rd PC CB SEC Mote Vista/Foothill Street Lighting Plan Return comments to Public Works Plan Check Log
Status: A - Approved; DWC - Denied With comments; P - Pending Review PC No.
Submittal
Date Due Date Status
Completion
Date
Planning Case
No. Assigned To Address Project Description Comments
PW TM 18249 12/17/15 01/07/16 4th PC CB SEC Mote Vista/Foothill Final Map Return comments to Public Works PW TM 18274 12/17/15 01/07/16 3rd PC CB SEC Mote Vista/Foothill Street Lighting Plan Return comments to Public Works PW TM 18274 12/17/15 01/07/16 4th PC CB SEC Mote Vista/Foothill Final Map Return comments to Public Works PW GP 15-05 12/15/15 01/07/16 2nd PC 1/6/16
SP-15-14
DR-15-39 MP 286 S. Second Street At Risk grading
On 1/6/2016, provided comments to
Public Works
PW FPM-19562 01/06/16 01/27/16 1st PC 1/27/16 TPM-15-01 MP 20th Street E of Campus Return comments to PW's PW PM-19562 01/06/16 01/27/16 1st PC 1/27/16 TPM-15-01 MP 20th Street E of Campus Street Improvement Plans Return comments to PW's PW TM-18249 &
18274 01/19/16 02/04/16 1st PC CB SEC Monte Vista/Foothill Channel Landscape Plan Return comments to PW's PW TM18707 01/19/16 02/11/16 1st PC SJ
NEC Parkview Promenard &
Baseline Rd. Final Tract map Sycamore Hills
PW TM18707 01/19/16 02/08/16 3rd PC SJ
NEC Parkview Promenard &
Baseline Rd. On-Site Private Street Sycamore Hills
PW TM18707 01/19/16 02/11/16 3rd PC SJ
NEC Parkview Promenard &
Baseline Rd. Rough Grading Sycamore Hills
Tim D’Zmura, PE, CBO, AICP
Principal | Engineering Plan Checker
Tim has more than 35 years of experience and has served in a number of capacities in the fields of civil engineering, municipal public works, current and advanced planning and building safety administration and inspection. He has served public sector clients as inhouse public works director, city engineer, planning director, assistant city engineer and building official and has served private sector clients as a director of municipal services, program manager, project manager and design engineer.
His background also includes responsibility for leading and managing the successful delivery of a variety of municipal contract services to numerous cities throughout Southern California. He has dedicated himself to serving the resident’s & client’s needs in the most customer friendly and cost effective manner possible.
Tim has extensive experience in personally providing municipal contract services to communities throughout Southern California. He provides project management, program management, planning and construction management to the following cities:
Cypress 2017 - Present Industry 2016 – Present
Irvine 2015 - Present Port Hueneme 2017 – Present
Upland 2015 - Present Laguna Niguel 2018 – Present
He has personally served as Public Works Director, City Engineer, Deputy City Engineer or Associate Engineer for the following cities:
Encinitas 2021 San Gabriel 2001 – 2002, 2018
Wildomar 2009 – 2013 Palos Verdes Estates 1991 – 2000
Pomona 2006 – 2009 Hidden Hills 1990 – 2000
Los Alamitos 2002 – 2005 Baldwin Park 1990
Yucca Valley 2001 – 2002 Rancho Palos Verdes 1987
Additionally, he has personally served as Building Official for the following cities:
Lake Forest
Pomona
2014
2006 - 2009 Hidden Hills 1991-2000
Mission Viejo 1995 Palos Verdes Estates 1991-2000
P R O J E C T S P E C I F I C E X P E R I E N C E
Public Works Manager (Contract) City of Encinitas
2021 - Present
Annealta Group served the city as interim Public Works Director with oversight of public works administration, street maintenance, stormwater maintenance, trash and recycling and the clean water program divisions and managing a staff of 60 full-time employees with a budget of $7.0 million. Annealta Group performed an organizational assessment which reviewed processes, work environment and organizational structure. The assessment guided the development of recommendations and action plans to support the city’s objectives. Oversight of public works included management of capital improvement projects, review of payment for contract services; work with other city departments and divisions to identify and prioritize tasks related to engineering projects. We were responsible for developing, administering and tracking the department budget, preparing department agenda items and writing and presenting staff reports to City Council. We also managed a wide variety of construction and maintenance projects.
E D U C A T I O N
BS, Civil Engineering
University of Notre Dame
MBA, Emphasis in Leadership and
Managing Organizational Change,
Pepperdine University
Certificate in International Business, ESC
Rouen, France
Certificate in International Business,
Oxford University, England
R E G I S T R A T I O N S
C E R T I F I C A T I O N S
Professional Civil Engineer
State of California
No. 45607
ICC Certified Building Official
No. 2356
ICC Certified Building Inspector
No. 60961
American Institute of Certified Planners
No. 010640
P R O F E S S I O N A L
A F F I L I A T I O N S
American Public Works Association (APWA)
- Southern California Chapter,
Past President 2018
- California Advocacy Committee
- Region VII National Nominating
Committee
- Scholarship Endowment
Committee Chair
International Conference of
Building Officials
American Planning Association (APA)
Public Works Manager (Contract)
2018 - Present City of Laguna Niguel
Tim serves the city as the Public Works Manager and provides assistance to the city’s public works department with project management. The city has 41 projects in its adopted Five Year CIP 2019-2023. He helps identify strategies to expedite and deliver critical projects for the community. Specifically, he supports the Director of Public Works with the following:
- Assess and confirm current project schedules and budgets - Identify (1) high priority projects and (2) quick delivery projects that are contained in the current CIP
- In conjunction with city staff, review, adjust and implement expeditious project delivery methods for identified CIP projects
- Assist staff in the preparation of the 2019-20 CIP
Public Works Director (Contract)
2018 City of San Gabriel
Annealta Group served the city as interim Public Works Director managing 32 full-time employees and a budget of $14 million with oversight of their entire capital improvement program; directed the preparation of plans, specifications, cost estimates, and contract documents; visited construction sites to ensure conformance to plans; reviewed and approved payments for contract services; and worked with other City departments and divisions to identify and prioritize needs related to engineering projects. We were responsible for developing and administering the department budget, preparing department agenda items as well as writing and presenting staff reports to City Council. We also managed a wide variety of construction and maintenance projects including easements, legal descriptions, plan checks, construction inspections, and materials testing; and directed traffic engineering and transportation planning activities and studies.
Public Works Director (Contract)
2009 – 2013 City of Wildomar
Tim served as the Public Works Director for the City and had responsibility for the overall direction of the city engineering services and capital project delivery as well as building & safety division. He represented the City in MS4 storm water permit negotiations with the San Diego Regional Water Quality Control Board. He also successfully coordinated and transitioned the management of local capital improvement projects from the County of Riverside to the City of Wildomar drafting and securing approval of the City’s very first funded Capital Improvement Plan.
Public Works Director | City Engineer
2006– 2009 City of Pomona
Tim served as Public Works Director/City Engineer/Building Official reporting directly to the City Manager. Charged with overall responsibility for managing and directing the engineering, public works and building safety divisions, Tim focused on ensuring the timely implementation of the City’s capital improvement program and re-structuring the building safety division. Department and budget restructuring resulted in the successful implementation of nearly $2 million in annual operational savings. - Implementation of the City’s $250 million Capital Improvement Program(CIP) and its more than 350 projects
- Establishment the City’s first Traffic Committee
- Developed City’s Marketing Partnership Program
- Implementation of the first railway Quiet Zone in Los Angeles County - Development and securing of funding for more than $3 million of shovel ready projects for implementation under the federal stimulus program - Analysis, specification & bidding for $1 million contract for street sweeping and park maintenance services as an alternative to in-house services City Engineer (Contract)
2002 – 2005 City of Los Alamitos
Serving as the City’s Contract City Engineer, Tim’s accomplishments and assignments included the development of the Traffic Commission’s policies and procedures, which enabled the City to effectively and efficiently resolve traffic related issues. He also developed project reports for road and intersection improvements and was successful at securing approximately $1 million in funding through the Orange County Transportation Authority’s Combined Transportation Funding Program.
City Engineer (Contract)
2001– 2002 Town of Yucca Valley
Tim served as Contract City Engineer for this San Bernardino County jurisdiction and was responsible for the engineering activities including:
- Land Development Review
- Resident Engineering on Highway 62 Median Improvement Projects - All Contract Administration and Project Management on Federally Funded Roadway Improvement Projects
- Project Management and Resident Engineering on the California Welcome Center Project
- Development and review of two new roadway projects
Public Works Director | City Engineer (Contract)
1991– 2000 City of Palos Verdes Estates
Principal accomplishments and assignments included:
- Development of a Pavement Management System
- Drafted the Soils and Geology Review Process
- Provided Project Engineering on the Via Zurita Hairpin Turn Roadway Repair Project - Management of the Preparation of the Traffic Calming Plan - Construction Contract Management
- Plan Review
- Capital Improvement Planning and Implementation
- Guidance on Hillside Development and Grading
- Roadway and Landscape Maintenance Management
- Feasibility Studies
Frederick R. (Rick) Jones, PE, LS
Map and Engineering Plan Checker
Mr. Jones serves as a Professional Reviewer with over 39 years of experience in the industry. He works with a staff of Engineers and Surveyors and is directly responsible for review and approval of Land Development and Public Works Projects.
P R O J E C T S P E C I F I C E X P E R I E N C E
He has served as a City Engineer and City Surveyor to multiple jurisdictions in Southern California including the City of Rancho Palos Verdes, City of Palos Verdes Estates, City of Stanton, City of Moorpark, City of Twentynine Palms, City of Yucaipa, and the Town of Apple Valley.
Project Manager of Survey and Engineering projects since 1977. Large and small residential – single family to multi-family, commercial, industrial and resort experience.
Survey map review, boundary, topography, and construction surveying experience.
Survey point monitoring experience for landslides, earthquakes, and excavations. Litigation and Mediation Survey experience for boundary and easement disputes, topography, and landslide GPS monitoring.
Litigation Engineering storm drainage litigation experience, grading, storm water mitigation, and drainage diversion.
E D U C A T I O N
B.S., Civil Engineering, California State
University at Northridge
M.B.A., California State University at
Northridge
R E G I S T R A T I O N S
C E R T I F I C A T I O N S
Civil Engineer – California and Arizona
Land Surveyor – California and Arizona
American Society of Civil Engineers
American Public Works Association
California Land Surveyors Association
Angel Fuertes, PE, QSP/QSD
Engineering Plan Checker
Angel is a highly knowledgeable project manager with 35 years of successful construction management, city engineering and implementing and administering public works projects and programs. He has broad experience administering contracts for capital projects from design through construction phases, staff augmentation, and construction administration/inspection. He has also managed the development of CIP projects including planning, budgeting, identify funding sources and completing grant applications.
Angel is a professional who brings solutions to our clients. He is flexible and his communication style fosters a teamwork atmosphere in resolving challenges. He is committed to serving the needs of the client through strong leadership and a collaborative approach.
S P E C I F I C E X P E R I E N C E
Project Management
2020 – Present Annealta Group
Angel provides a variety of services to our clients including project management, development management, principal engineer and engineer manager. His vast experience and understanding of municipal government allow him to provide exemplary services to our clients.
Project Management Consultant
2017 – 2020 Various Cities, Contract
Project Management, City of Lake Forest – Provided project management for four legacy roadway projects involving street improvements, street widening, and median construction. Prepared staff reports, managed design consultants, provided grant administration, coordinated with utility companies, and managed the process for land acquisition from the Orange County Parks and Southern California Edison.
Assisted the Public Works Director to manage the design and construction of a 9-acre civic center campus consisting of 5 structures (community building, senior center, City Hall, Police administration, Council Chambers) performing multi-prime construction. He selected consultants and managed the public bidding process for construction.
Staff Augmentation, Laguna Wood Village – Project Manager for the senior community in Laguna Woods. He managed CIP projects including streetlight acquisition and LED retrofits, HVAC and controller replacement, and Performing Arts Center renovation. He prepared staff reports to award contracts, managed project budget and schedule, selected and managed consultants, and prepared monthly project updates.
Phil & Nell Soto Park, City of Pomona – Provided project management and construction management for the construction of a 2-acre $2.4 million passive park. The construction involved grading, constructing gazebo and trellis, water quality elements, irrigation, and landscaping. He provided project management, contract administration, grant administration, and project cost and schedule oversight.
Engineering Manager/Assistant City Engineer
1/2013 – 6/2017 City of Lake Forest
Served as Engineering Manager/Assistant City Engineer for four years. In this role, he prepared and reviewed City Council staff reports, organized and supervised the work of staff and consultant engineers, engineering technician, landscape inspectors, and consultant plan checkers and land development inspectors. Prepared annual performance appraisals for City staff, selected consultants and administrated contracts for capital projects from design through construction phases, staff augmentation, and construction administration/inspection. He developed the scope of work and retained contractors to perform services for street maintenance, landscape maintenance, traffic signals, and traffic
E D U C A T I O N
Master, Public Administration
Bachelor of Science, Civil Engineering
R E G I S T R A T I O N S
C E R T I F I C A T I O N S
CA Registered Civil Engineer | 40694
Qualified Stormwater
Practitioner/Developer (QSP/QSD)
#26098
engineering. He also reviewed and approved applications for permits for grading, encroachment, transportation.
- Assisted the Public Works Director to manage the design and construction of a 9-acre civic center campus consisting of 5 structures (community building, senior center, City Hall/Police administration, Council Chamber/performing multi-prime construction.
He selected consultants and managed the public bidding process for construction. - Developed and maintained department procedures for procurement, permitting, and maintenance of public works.
- Developed Public Works Department fiscal year operating budget and Capital Improvement Projects (CIP) budget.
- Provided presentations to City Council, Planning Commission, Parks and Recreation Commission, community groups, and City leadership classes. - Represented City in public outreach meetings.
- Managed the development process (over 5,000 homes) by retaining and managing the work of consultant plan checkers and inspectors.
Principal Civil Engineer
6/2009 – 1/2013 City of Lake Forest
He procured the services of consultants and contractors in implementing the City’s Capital Improvement Projects (CIP). He conducted quarterly coordination meetings with utility companies. In addition, he served as Project Manager for the following City projects:
- Lake Forest Sports Park. The 88-acre, $90 million project involved land acquisition, grading and utilities, and park improvements. The Sports Park consists of 6 baseball/soft ball fields, 5-acre multi-use fields, 2 synthetic soccer fields, and a 27,000 square foot recreation building including gymnasium and recreation classrooms. He selected and managed design consultants and contractors. He managed the project through all phases of design and construction. He reviewed plans and approved contract change orders and amendments. The project was completed under budget and has earned awards as Project of the Year from ASCE and APWA in 2015. - Alton Parkway – The $6 million, 6-lane, 1-mile extension project included mass grading, utilities and a landscaped median. His responsibilities included procuring and managing contract services for design, construction management and inspection; negotiating and administrating cost sharing agreements with the adjacent developer (Shea Homes and Baker Ranch), County of Orange, and utility purveyors (Irvine Ranch Water District, SCE). This project earned an award from ASCE in 2013.
- Rancho Parkway – The $4 million, 4-lane roadway consisted of grading, curb, gutter, sidewalks, median landscaping, utilities. His responsibilities included managing the entire project from design through construction developing and implementing the project budget, negotiating and administrating cost sharing agreement with Irvine Ranch Water District, and procuring and managing design consultants, construction management, and contractors.
- Trabuco Road, Rockfield Blvd, Jeronimo, Rd landscape median and resurfacing projects. Managed the design and construction of multiple landscape median projects.
Assistant City Engineer
9/2002 – 6/2009 City of Aliso Viejo
Responsible for supervising and coordinating all activities, personnel, and consultants in the Public Works Department. His duties and responsibilities included public works administration, contract administration, project development, street maintenance, construction management and traffic engineering.
Edgar Monroy, PE, TE
Engineering Plan Checker
Edgar has more than 40 years of experience and has served primarily in the role of city traffic engineer in the Southern California region. He brings a high level of expertise having developed and reviewed many traffic impact studies, signal design, traffic signal timing, construction traffic control plans and signing and striping. He has led and managed entire departments plus managed public works crews related to signal, signing and striping. His experience also includes reviewing land development plans, surveying and hydrology studies. He brings a wealth of knowledge and a high level of customer service to our clients and the community.
P U B L I C S E C T O R E X P E R I E N C E
Program Coordinator, Traffic Signal Systems County of San Diego Transportation Engineer Caltrans, District 11
Sr. Civil Engineer, Design/Traffic County of San Diego
City Traffic Engineer City of Oceanside
City Traffic Engineer City of La Mesa
City Traffic Engineer City of Santa Barbara
Signal Operations Engineer City of San Diego
Private Sector supporting cities/counties on a contract basis Supervising Traffic Engineer
Consulting Civil and Traffic Engineer
Assistant Traffic Engineer
Traffic Engineer
E D U C A T I O N
BS, Civil Engineering
California State Polytechnic University,
Pomona, CA
Institute of Transportation Studies,
University of California
Project Engineer Academy,
Caltrans, Sacramento
R E G I S T R A T I O N S
C E R T I F I C A T I O N S
Registered Civil Engineer, CA | 27188
Registered Traffic Engineer, CA |1432
P R O F E S S I O N A L
A F F I L I A T I O N S
Fellow, Institute of Transportation
Engineers [ITE]
Past President, California Border Section
of ITE
Subject Matter Expert for the California
Traffic Engineer Exam
Ardalan Vajdi
Plan Checker
Ardalan is trilingual in English, Persian and Armenian and brings 18 years of experience in construction management and construction inspection of heavy civil/roadway, utilities, buildings, tunnels, and structures. Most recent experience includes construction quality assurance as the owner’s representative for municipal projects, including bridges, roadway and utility infrastructure improvements in California. My experience also includes bridge hinge replacement and demolition in Southern California, Portland Cement Concrete Pavement in Las Vegas for Clark County and signal replacement projects for Colorado Department of Transportation. His international experience includes heavy civil, rail, tunneling, and building construction quality assurance and project management in UK and Africa. He fosters a team approach with the owner, designer, contractor and other stake holders to facilitate timely resolution of issues while maintaining the highest standards of safety and quality, keeping in mind budget constraints.
P R O J E C T S P E C I F I C E X P E R I E N C E
Construction Inspector
2021 – Present Annealta Group
Provides construction inspection services to a variety of clients in Southern California.
Construction Management and Inspector
2020 – 2021 Biggs Cardosa Associates
Construction Inspector for the rehabilitation and repair of the Santa Margarita Pkwy bridge.
The project’s objectives were to remove and replace the hinge and abutments of existing box girder bridge, in addition to numerous rehabilitation activities, such as place bridge overlay, and provide new joint seals and assemblies. This project is located in a highly environmentally sensitive area, and utmost care had to be taken to perform operations below and above the bridge.
Construction Management and Inspector
2013 – 2018 Atkins North America
• Clark County CC-215 Craig Road to Hualapai project consisted of 3.5 miles of Portland Cement Concrete Pavement (PCCP), three overpass structures including two interchanges, installation of basin storm water retention system, roadway storm drainage, sanitary sewer, waterline improvements, traffic signaling, lighting, sign installations, pedestrian trails, and general roadway improvements. Performed construction inspection for the traffic control, PCCP operations and quality assurance, sign installations, storm drain construction, guardrail installations. Also performed field measurements and calculations that were submitted for approval of pay request by contractor.
• I-70 Georgetown to Bakersfield Resurfacing Improvement & US34 and US85 Adaptive Traffic Signal projects Colorado (CDOT Region 1 & 4). CDOT representative and construction inspector for 5 miles of road improvement and upgrade of traffic signals of 72 intersections into the Adaptive Traffic Signal Timing System. Duties included identifying conflicts and construction issues, preparing and completing the CDOT documentation. Coordination with State Patrol and city staff and reporting, photographic records, bridge joint repairs, striping and traffic control. Producing inspection reports for the contractors pay estimate, monitoring Health & Safety onsite and filed measures on daily bases along with final quantities. • Team Lead-Consultant on this County of Orange (Land Development Services, OC Santa Anta) project. This large land development included the Planned Community, construction of 14,000 dwelling units and 15,132 acre of open space business parks in Rancho Mission Viejo in California. Responsible for management of all the
E D U C A T I O N
Bachelor of Science in Civil Engineering
London South Bank University
Master of Science Construction
Management
London Kingston University
Engineer-in-Training
Certification No. 161617
C E R T I F I C A T I O N S
OSHA Training (30 hours)
Los Angeles Metro Rail Safety
QSP – In Progress
P R O F E S S I O N A L
A F F I L I A T I O N S
Graduate Member of institute of Civil
Engineers (ICE)
British Tunneling Society (BTS)
Principles of Quality Hot Mix Asphalt
Pavement Construction
Confine Space Training with Escape Sets
administrative and coordination and permit issuance process between the developers and their subcontractors, consultants plan check reviewers and the client’s approval.
• Hollywood Park Development project included the demolition of the Hollywood Horse Racing Park, utility upgrades and redevelopment of the property including new Stadium and Casino. Responsible for the inspection of all underground utility’s upgrades including sewers, storm drains, dry utilities, traffic signals and streetlights, and realignment and surface street improvements on 2 major roadways of Century Boulevard and Prairie Avenue. Duties included daily inspection and reporting, photo documentation, traffic control monitoring, identifying conflicts and construction issues, coordinating with the contractor, consultants on-site, geotechnical inspectors, communication with the city staff, the developer, the construction manager team and other stake holders.
United Kingdom & Africa Work Experiences
Construction Management and Inspector
2002 – 2013 Atkins
• Cross Rail-London, London, England - As the lead inspector on one of the largest projects in Europe’s history, responsible for monitoring ground movement during construction activities and managed a team of inspectors. • London Underground, Metronet - The Deep Tube Tunnels (DTT) inspection team leader, responsible for management of the inspection team and responsible for resources, planning and programming, and liaising with subcontractors for the inspections of LUL assets including utilities in the stations and in the running tunnels for Bakerloo, Victoria, and Central Lines. Also, as an assessment engineer and part of the assessment team for DTT, involved in modernization of London Underground stations including utility diversions and civil assets as part of the private public partnership contract.
• Olympics 2012, Thames Tunnel Tideway, Bond Street, Victoria Station in London & Queensway Tunnel Refurbishment in Birmingham - Team leader for inspection and monitoring of British subsidiary of Électricité de France (EDF) and National Grid cable tunnels under the 2012 Olympic Site, Brunel Tunnel, Jubilee Line, Bakerloo Line, Victoria Line and Northern Line. Responsible for programing inspection activities, liaison with contractors and Olympic managing teams. Duties included condition surveys of utilities, damage assessment, structures performance and behavior including pipes and cable leakages, cracking and other structural defects, writing and reviewing inspection reports, photo documentation and identifying conflicts and construction issues in the field.
Construction Inspector
2013 Kier Construction
Eurostar- Channel Tunnel Rail Link C250-Nuttall/Wayss & Freytag / Kier Joint Venture-East London Tunnel shift engineer for a construction of 6.6 miles long of 25’ diameter tunnels and associated structures. Responsible for supervising the tunneling team inside of 330- foot-long tunnel boring machines, health and safety of the tunnel personnel, conducting tool box safety briefing talks, daily shift reporting, photo documentation and identifying conflicts and construction issues in the field.
Jeff Coplen, QISp, QSP
Plan Checker
Jeff possesses over 20 years of engineering, project management, construction management and construction inspection experience. His vast project areas include street improvements; sewers; storm drains; buildings; lighting; traffic signals; recycled and potable water treatment and distribution; reservoirs; pipelines; wells; pump stations; lift stations; tanks; meters; SCADA; water sampling, testing, and analyzing; roadways; parks and medians.
Jeff has a strong understanding of the Greenbook, CSI codes, Caltrans standards and the WATCH manual. He utilizes this expert knowledge to maintain a high level of quality and collaboratively works with all parties to resolve any problems or question that may arise.
His ability to focus on the project details coupled with his extensive public works experience ensures that all work is completed on time, within budget, and per plans and specifications
P RO JE CT E XP E RI E N CE
Construction Manager | Inspector
2016 – Present Annealta Group
Provides a variety of services to clients in the Southern California region, including public works inspection, project management and construction management. • Annual Concrete Rehabilitation Project (Cypress) – Served as the Public Works Inspector/Manager responsible for day-to-day tasks on this sidewalk and curb & gutter rehabilitation project. Services included review of the PS&E, advertise project and review bids, prepare council reports for contract award and contract document, preconstruction and construction meetings and utility coordination, schedule management, change orders and final closeout activities. • Annual Street Rehabilitation (Fountain Valley) – Served as the Public Works Inspector/Manager responsible for day-to-day tasks on this arterial/secondary street rehabilitation project. Services included review of the submittals, all construction activities, managing all contractors/sub-contractors, materials testing, coordination with City staff, pre-construction, construction meetings and utility coordination, schedule management, change orders and final closeout activities. Budget $2.25M • PVOU Facility & Pipeline (City of Industry) – Served as the City Development/Public Work Inspector responsible for compliance to all requirements placed by multiple City, County and State agencies involved. Services included attendance of regular interagency meeting, oversight of all construction work at water treatment facility and pipeline work. Some of these tasks included: review of submittals, RFP’s, milestone scheduling and materials testing. Coordination with multiple contractors, subcontractors, City, County, State personnel. Budget $3M • Annual Street Rehabilitation (Fountain Valley) – Served as the Public Works Inspector/Manager responsible for day-to-day tasks on this secondary street rehabilitation project. Services included review of the submittals, all construction activities, managing all contractors/sub-contractors, materials testing, coordination with City staff, pre-construction, construction meetings and utility coordination, schedule management, change orders and final closeout activities. Budget $1.5M • S-238; Shaffer St. Sewer Replacement (City of Orange) - Served as the Public Works Inspector responsible for day-to-day tasks on this sewer replacement project. Project included replacing approx. 6,500 L.F of existing sewer main, laterals, M.H’s, C.O’s, A.C. paving and concrete flatwork associated with project areas. Services included review of the submittals, all construction activities, managing all contractors/sub-contractors, materials testing, coordination with City staff, pre-construction, construction meetings
EDUCATION
AA, Architecture, Criss College
Certificate, Cal Confined Spaces for
Construction
Certificate, Construction Safety and Health
Training Course, US Dept. of Labor, OSHA
Yorba Linda Water District
Course, Intermediate Water Distribution,
AWWA Water College
R E GISTRATIONS
CERTIFICATIONS
Qualified SWPPP Practitioner, QSP #26065
Qualified Industrial Stormwater
Practitioner, QISp #00971
AWWA Certified Grade II Water Distribution
Operator, CA | 07419
AWWA Certified Grade I Water Treatment
Operator, CA
APWA Certified Public Works Infrastructure
Inspector
Certified Inspector of Sediment and Erosion
Control | 960
P R OFESSIONAL
AFFILIATIONS
Member, American Water Works
Association
Member, Construction Management
Association of America
Member, American Public Works
Association
and utility coordination, schedule management, change orders and final closeout activities. Budget $2M
• SP-3864 Lincoln & Tustin Street Imp (City of Orange) - Served as the Public Works Inspector responsible for day-to-day tasks on this street improvement project. Project included A.C. paving, C&G, ADA ramps, concrete flatwork, street lighting/electrical/irrigation/landscaping associated with project areas. Services included review of submittals, all construction activities, managing all contractors/subcontractors, materials testing, coordination with City staff, pre-construction, construction meetings and utility coordination, schedule management, change orders and final closeout activities. Budget $2M
• HVAC Upgrade Council Chambers/City Hall (Cypress) – Served as the Project Manager responsible for producing a comprehensive RFP/Bid package for upgrades to existing HVAC systems for City personnel. The tasks included investigating structural drawings of the existing structures, calculating loads for placement of new equipment, condition of existing electrical / communication /utility systems for required upgrades to meet or exceed all current requirements. Oversight of construction activity, testing of equipment and final documentation. Budget $1.2M
• Inspection services on public improvement projects (Orange):
- SP-3934 Almond, Washington & Palmyra Street Improvements - SP-3940 McDonalds 4200 E. Chapman (Water Improvements)
OTHER PREVIOUS EXPERIENCE
• Annual Arterial Street Rehabilitation (Huntington Beach) – Public Works Inspector on approximately 2.5 miles of street rehabilitation. Total project budget: $12 million • Downtown Indio Phase I Improvements (Indio) – Public Works Inspection for this downtown improvement project.
• Annual Overlay and Slurry Program (Lake Forest) – Performed on-call public work inspection services for street projects. Total of $14 million. • The Senior Center (Huntington Beach) – $21 million, 37,563 square feet City led public works project in the heart of the Central Park in Huntington Beach. • District 7 and 11, Retrofit BMP Modification (Los Angeles and San Diego Counties) – The work in Caltrans District 7 consisted of modifying the storm water filtering system. The work in District 11 included modifying existing drainage facilities for State Highways 5, 78, and 805.
• CC 1461 1st St. Storm to Sewer Diversion Grant Funded Project (Huntington Beach) – Served as the inspector on this innovative test project designed to capture and divert initial storm water flows from the costal storm drain to the City’s sewer system. • Water Main Relocations for Interstate 5 HOV/ Empire Avenue Interchange Project (Burbank) - Bore & Jack (4) water main relocations under the existing Railroad right of way.
• Large Valve Replacement Project (Long Beach, CA) 2011 - Construction Inspector for this $186,953 project which involved replacing two large valves • Sewer Cement Pipe Rehabilitation/Replacement (Long Beach) - Construction Manager/Inspector for this $386,000 project which included the relining, using CIPP, for 7,362 L.F. of cement sewer pipe, 734 L.F. of 10” cement sewer pipe, (2) sectional liners and 81 L.F. of point repairs.
• Ontario Product Water Booster Station Upgrades (Ontario) - Construction Inspector for a booster upgrade project.
Chuck Burkhardt
Plan Checker
Chuck has served cities throughout Southern California as a public works professional for nearly 50 years. He is a seasoned manager who effectively and collaboratively works with staff, agencies and contractors to ensure projects are carried out as specified. His vast project experience encompasses all types of projects from small municipal projects to multi-million-dollar projects including street improvements, infrastructure renovations, pipelines, libraries and community buildings. His diverse and extensive background allows him to bring a deep understanding and expertise to clients that assists in the delivery of projects on time and within budget.
P R O J E C T E X P E R I E N C E
Public Works Project/Construction Manager – City of Industry (contract) Mr. Burkhardt currently provides public works project and construction management services on a variety of capital improvement projects including:
• The Industry Business Center is a $55M project consisting of new roadway construction, roadway widening, new sewers, electrical conduit, and hillside landscaping. Phase 2 is a mass grading of 250 acres of hillside area west of Grand Avenue, removal of unstable soil and replacing it as engineered compacted fill. • Valley Blvd, west end to Hacienda – reconstruction to PCC concrete including new safety medians.
• Temple and Azusa Trail - $400K project for a jogging and pedestrian trail that is 8,500 LF by 8’ wide, which included new lighting, stairways and landscaping.
Public Works Project/Construction Manager – City of Arteria (contract) Chuck served as the public works field manager on a variety of development and capital improvement projects. He successfully delivered dozens of projects, including the following:
• Artesia Blvd (between Gridley and Norwalk) - $4M project that encompassed twophases. This project was unique due to the high-truck-impact which required building the street to sustain the weight of high truck volumes. This project also included the construction of a Cal/Nev petroleum line with extensive EPA involvement. Mr. Burkhardt oversaw the 24” steel pipeline installation prior to the CIP street project.
• Pioneer Blvd - $15M federally funded, marque CIP project for the city. This was a four-phase, 10-year project that included extensive renovations for a main thoroughfare including; the planting of 230 palm trees, lighted water features (which won an architectural and engineering award), new medians, repaired streets, curb and gutter, landscaping, overlay, grinding, installation of decorative street lights, international crosswalks and extensive traffic control.
Public Works Director - Artesia
Mr. Burkhardt was responsible for the overall coordination and delivery of the City’s public works operational and capital improvement program for more than 7 years. He managed many projects from design to construction ensuring all were carried out according to the city’s specifications. He managed a public works staff of 24 and worked closely with parks and recreation, code enforcement and senior staff. His projects/accomplishments include the following:
• South Street (between Norwalk Blvd and Gridley) - $1.2M federally funded project which included palm trees, new medians, overlay, decorative landscaping and extensive traffic calming.
• New City Public Works Building – Project was construction of a new building which included all operations with public works staff, maintenance crews and parks and recreation. The masonry building included ADA bathrooms, 3 truck bays, vehicle lifts, office space and warehouse. Construction approx $5M. • Security Cameras – Worked closely with the police department staff regarding the installation of security cameras throughout city including; car counter cameras, traffic signals including poles, conduit and 17 cameras. • New Library – Managed the $10M project, attended all meetings to ensure all safety and traffic codes were complied with.
• Veterans Memorial – Managed the entire project from design concept through final construction
• City Water Purveyor Transition - The city changed their domestic water supply to Golden State Water. He worked closely and performed daily inspections to ensure efficient traffic control, public safety and oversaw all utility inspections. • Residential Alley Replacement – Replaced 20 year old and inefficient service roads with up-to-date 8” thick concrete with V drains. He provided design oversight and was the construction project manager for the $7.0M project.
SJ Burkhardt Construction Inc. – Owner
For more than 25 years, Mr Burkhardt ran a full-service construction company with 130 employees and $34M/year in revenue. His firm completed hundreds of CIP projects which included many infrastructure projects for public works departments for cities from San Diego to North Los Angelesincluding the cities of; Lakewood, Pomona, Inglewood, Santa Fe, Long Beach, Newport Beach, Huntington Beach, Victorville, Hesperia, Lancaster, Jurupa, Elsinore, Riverside, to name a few.
Residential Renovation – Cathedral City had a $22M infrastructure project in a residential neighborhood that included water, storm drain, manholes, flood control, paving and rolled curbs.
EXHIBIT B
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
PROFESSIONAL SERVICES AGREEMENT
for
On-Call Professional Engineering and Plan Check Services between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
NV5, Inc.
163 Technology Drive, Suite 100
Irvine, CA 92618
(949) 585-0477
This Professional Service Agreement (“the Agreement”) is made as of July 25, 2022 (the “Effective Date”), by and between NV5, Inc. (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 20
RECITALS
A. City desires certain on-call professional engineering and plan check services.
B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued Request for Proposals on March 30, 2022, titled “On-Call Professional Engineering Plan Check Services”.
Consultant submitted a proposal dated April 20, 2022 in response to the RFP.
C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the professional engineering and plan check services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.
D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Strictly on an on-call basis, Consultant shall provide those services (collectively “Services”) in the Request for Proposal attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. Given the on-call nature of this Agreement, Consultant acknowledges that there is no guarantee that City shall request any Services hereunder.
1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.
1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and 3 of 20
Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.
1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.
2.0 Term
2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years (“Original Term”) and shall expire at midnight on July 25, 2025, unless sooner terminated or extended as provided by this Agreement.
2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each (“extension”), by providing written notice to Consultant at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from July 25, 2025, through and including July 25, 2026, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from July 25, 2026, through and including July 25, 2027, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Consultant’s authorized representatives.
3.0 Consultant’s Compensation
3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of $300,000 (three hundred thousand dollars) for the Original Term.
3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not-to-exceed amount of $100,000 (one hundred thousand dollars) for each one-year extension.
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4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City’s representative for purposes of this Agreement.
6.2. David Niknafs is the Consultant's primary representative for purposes of this Agreement. David Niknafs shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.
7.0 Notices
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7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: NV5, Inc.
163 Technology Drive, Suite 100
Irvine, CA 92618
Attn: David Niknafs
7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8.0 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.
9.0 Independent Contractor
9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and 6 of 20
expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.
9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
9.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
10.0 PERS Compliance and Indemnification
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10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.
10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.
11.0 Confidentiality
11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively “Data & Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.
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11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors 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 or with respect to any project or property located within the City. City may, 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, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
11.3. Consultant’s covenants under this Section shall survive the termination or expiration of this Agreement.
12.0 Ownership of Documents and Work Product
12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.
All Data & Documents shall be considered “works made for hire,” and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.
12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.
12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this 9 of 20
Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.
These covenants shall survive the expiration and/or termination of this Agreement.
12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall 10 of 20
allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.
16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.
Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.
17.0 Insurance
17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.
17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:
17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;
17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance 11 of 20
Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).
17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease;
17.2.4. Professional Liability (or Errors and Omissions) Liability. , with minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.
17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
17.4. Additional Insured.
17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.
17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.
17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.
17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;
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17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;
17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.
17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.
17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The 13 of 20
certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 18.0.
17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
18.0 Indemnification, Hold Harmless, and Duty to Defend
18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design 14 of 20
professional,” as the term is defined under California Civil Code § 2782.8(c).
Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.
18.2. Other Indemnities.
18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
18.2.3. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.
18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or 15 of 20
Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
18.4. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.
18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.
18.6. Survival of Terms. Consultant’s indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.
19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.
20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 16 of 20
21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.
22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.
25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.
26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 17 of 20
27.0 Prohibited Interests; Conflict of Interest
27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.
28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility 18 of 20
or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
30.0 Non-Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
31.0 Mutual Cooperation
31.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
31.2. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
33.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from 19 of 20
the losing party all of its attorneys’ fees and other costs incurred in connection therewith.
34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
20 of 20
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH
By: _________________________
Jill R. Ingram, City Manager
Attest:
By: _________________________
Dana Engstrom, Acting City
Clerk
Approved as to Form:
By: _________________________
Craig A. Steele, City Attorney
CONSULTANT: NV5, Inc., a California
corporation
By: __________________________
Name:__
Its:
By: __________________________
Name:___
Its:
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
Jeffrey M. Cooper
Senior Vice President
MaryJo O'Brien
Corporate Secretary
EXHIBIT A
Consultant’s Proposal
PROPOSAL
Submitted by NV5, Inc.
163 Technology Drive, Suite 100, Irvine, CA 92618
City of Seal Beach
On-Call Professional Engineering Plan Check Services
April 20, 2022
SEAL BEACH
CITY OF
TABLE OF CONTENTS
Cover Letter 01
Company Qualifications 02
FIRM PROFILE 02
PROJECT EXPERIENCE 03
Local Staffing List 07
Understanding/Approach 08
References 11
Fee & Cost Proposal 12
Exceptions 13
Business Entity 13
Contract Signatories 14
Sample Correction/Approval Notice/Transmittal 15
APPENDIX
Resumes B1
[NV5]’s professionalism, responsiveness
and commitment to exceptional customer
service has greatly assisted the City in
processing heavy current development
demands as well as working through a
backlog of over 30 projects that predated
NV5’s involvement with the City.
- Amer Jakher
City of Beaumont
“
“
NV5 consultants are familiar with the
South Orange County Water Quality
Management Plan and Technical Guidance
document and conduct excellent plan
reviews. Areas around Dana Point have
challenges with topography and infiltration
and NV5 is able to provide a thorough
plan review to assure compliance while
understanding the operations of our local
government.
- Lisa Zawaski
City of Dana Point
“
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.nv5.com | Office: 949.585.0477 | Fax: 949.409.8182 Jeffrey M. Cooper, PE
Vice President
April 20, 2022
City of Seal Beach
Attn: Denice Bailey, Project Engineer
Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
SUBJECT: On-Call Professional Engineering Plan Check Services Dear Ms. Bailey,
NV5, Inc. is excited to have the opportunity to provide On-Call Professional Engineering Plan Check Services to the City of Seal Beach (City). Our team has the technical knowledge and experience to deliver your projects in the most cost-efficient and cost-effective manner. NV5’s strengths include the following:
Current Partnership: Our experience and strong existing relationship with City give us the ability to continue providing professional consulting services for your capital improvement projects. We operate with a working knowledge of your staff, processes and environment, enabling us to provide outstanding cost- and time-efficient services. Specifically, our team is providing on-call inspection services for capital improvement and developer projects in the City and construction management and inspection services for the Bolsa Chica Water Well Improvements project.
Relevant Experience: We believe that past experience and success are key indicators of future performance. We are committed to providing high-quality service and believe that commitment is one reason why more than 90% of our work comes from repeat clients — an obvious indicator of client satisfaction. Our team has provided On-Call Plan Check Services to various cities and agencies throughout Southern California, including:
PN: P27022-0003045.00
• City of Dana Point
• City of Imperial Beach
• City of Carlsbad
• City of El Monte
• City of Santa Ana
• City of Villa Park
• City of Costa Mesa
• City of Laguna Woods
• City of La Habra Heights
• City of Pico Rivera
• City of Beaumont
• County of San Bernardino
Proposed Team: Our highest priority is exceeding your desires and goals, so we will strive to constantly provide you with top-notch customer service. Our Project Manager, David Niknafs, PE, will provide hands-on, customer-oriented, proactive management of your contract. Mr. Niknafs will be joined by a team of professionals who will develop strong working relationships with staff at the City that will allow us to seamlessly interface with you and your stakeholders, maximizing efficiency and quality. Details on our proposed team can be found starting on page 7.
Technology: Our team has extensive experience providing digital plan review and is familiar and experienced with utilizing Tyler Technologies’ EnerGov.
Department of Industrial Relations Registration Number: NV5, Inc.’s DIR Registration Number is 1000007705.
Proposal Authorization: This proposal has been signed by contract signatories Jeffrey M. Cooper, PE, Vice President, and MaryJo O’Brien, Executive Vice President and Chief Administrative Officer. Mr. Cooper will serve as NV5’s authorized representative regarding this RFP.
NV5 looks forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at [email protected] and [email protected]. Thank you for your time and consideration.
Sincerely,
NV5
David Niknafs, PE
Director of Transportation
MaryJo O’Brien
Executive VP and CAO
COMPANY QUALIFICATIONS
FIRM PROFILE
NV5, Inc. has been providing engineering and consulting services to public and private sectors for more than 70 years, delivering solutions through six business verticals: Testing, Inspection and Consulting; Infrastructure; Utility Services; Environmental Health Sciences; Buildings and Program Management; and Geospatial Technology. With more than 100 offices nationwide and abroad, NV5 has access to over 4,000 employees in a variety of fields who help clients plan, design, build, test, certify and operate projects that improve the communities where we live and work.
Our Irvine office specializes in the engineering design, construction management and inspection of capital improvement projects, including: streets, traffic systems, water and wastewater systems, drainage and flood control, parks and recreational facilities, vertical construction, and landscaping and grading. Our team includes licensed civil engineers, licensed contractors, construction managers, certified inspectors and experienced public works professionals. All team members have extensive experience working within the structure of municipal government and public construction policy and will seamlessly integrate with the City’s team.
KEY SERVICES
The successful delivery of our products and services has resulted in repeat clients for a broad range of municipal projects.
Our key services include:
We maintain an extensive history of working with various local agencies. Throughout the course of completing myriad public works capital improvement projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers and contractors. We have successfully delivered projects in a timely and cost-effective manner, and we have acquired a keen understanding of local agency requirements, a critical element in the facilitation and resolution of project issues. We are excited about the opportunity to continue to serve the City and are committed to maintaining effective working relationships with your staff, relevant government agencies and project stakeholders.
With a demonstrated ability to address public concerns, we are experts in a broad range of governmental interface, public outreach and community involvement, and we are genuinely committed to public participation as a way of planning and completing projects. Our team routinely performs these services as part of our delivery of public works projects and regards them as a vital component to project success.
LABOR
COMPLIANCE
STAFF
AUGMENTATION
FEDERAL
FUNDING
MANAGEMENT
PLAN CHECK
AND REVIEW
PROJECT
MANAGEMENT
CIVIL
ENGINEERING
DESIGN
CONSTRUCTABILITY
REVIEW
CONSTRUCTION
MANAGEMENT
AND INSPECTION
PUBLIC
OUTREACH
ASSESSMENT
ENGINEERING
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 2
COMPANY QUALIFICATIONS
DATES: 2016-CURRENT
PLAN CHECK SERVICES
CITY OF DANA POINT | DANA POINT, CA
NV5 is currently under contract with the City of Dana Point to provide development review services for new projects within the City. NV5 serves as an extension of City staff to review projects involving grading, street and drainage improvements, building foundations and retaining walls, and parcel/tract maps for conformance with City standards, regional, and state regulations, and generally accepted engineering design practices.
PROJECT EXPERIENCE
Provided below are references of clients for whom similar plan check review services have been performed that are comparable in quality and scope to that specified in this RFP.
DATES: 2014-CURRENT
PLAN CHECK SERVICES
CITY OF IMPERIAL BEACH | IMPERIAL BEACH, CA
NV5 is currently providing engineer/plan check services for this beachside community.
The suite of services consists of three major elements: City Engineer services, plan check/ development review and design of capital projects. A sample of the task orders under this contract include:
• Breakwater Development Review: plan check of grading, improvement, and traffic plans for a 5-acre commercial redevelopment project at Palm Avenue and 9th Street • MF 1169 and MF 1170 Development Reviews: review of Tentative Parcel Maps/ preliminary grading plans for multi-family infill projects to establish development conditions prior to final design
DATES: 2015-2021
DEVELOPMENT REVIEW SERVICES
CITY OF CARLSBAD | CARLSBAD, CA
NV5 is currently providing development review services to the City. Our scope of services focus on the typical subdivision components, maps, grading and improvements. All project reviews are thoroughly checked for conformance to the project conditions of approval, the approved tentative map, if any, the city’s design standards and applicable regulations. NV5 also assists the city in preparing bonds and agreements, grant of easement documents, inter-department routing forms and transmittals to applicants. Current projects under this contract include:
• Cascada Verde: Development review of final map, grading and improvements for a 35- unit condominium project located on 3.7 acres. Project conditions include a planned development permit, hillside development permit and a habitat management plan. This project presents several challenges as development is proposed on either side of a natural drainage channel that bisects the site.
• Beach Village Life: Development review of final map, grading and improvements for a multi-use project that includes a hotel, spa, retail and residential condominiums. This project is located within the coastal area and includes coastal development permit requirements.
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 3
COMPANY QUALIFICATIONS
PLAN CHECK SUPPORT SERVICES
CITY OF VILLA PARK | VILLA PARK, CA
NV5 has been providing the City with staff to fill multiple positions, including Assistant Engineers, Plan Check Engineers and Front Counter Technicians. Services include plan review and checking street improvement and drainage plans, final maps, parcel maps, improvement plans, grading plans, hydrologic/hydraulic studies, soils/geologic reports, engineer cost estimates and easement documents.
DATES: 2011-CURRENT
DATES: 2016-CURRENT
ON-CALL PLAN CHECK SUPPORT SERVICES
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
As part of an on-call plan review and inspection services contract, our team is currently providing as-needed plan review services. Scope of work includes plan review and checking final maps, parcel maps, improvement plans, grading plans, hydrologic/hydraulic studies, soils/geologic reports, engineer cost estimates, and easement documents. Our team has completed over 100 reviews for the City.
DATES: 2018-2021
STAFF AUGMENTATION
CITY OF SAN JUAN CAPISTRANO UTILITIES DEPARTMENT| SAN JUAN CAPISTRANO, CA NV5 provided staff augmentation services for the City’s Utilities Department. Services provided by our team included project management of plan review services; providing as-needed plan review services, including grading plans, street improvements, and encroachment permits to assure that there are no utility conflicts; entering and organizing applications for Domestic Water, Fire Water, and Irrigation Meter Applications; reviewing the City’s existing sewer and storm drain facilities and prioritizing rehabilitation projects; assisting on CIP projects; assisting with as-needed miscellaneous engineering duties, such as preliminary designs for conversion of septic to public sewer lines, which includes preliminary cost estimates and exhibits; conducting field inspections for proper determination of current and proposed conditions of construction; and responding to various questions and inquiries from the general public regarding possible utility connections, easements and current utility conditions.
GRADING, HYDROLOGY, HYDRAULIC & WQMP REVIEW
RIVERSIDE COUNTY DEPARTMENT OF TRANSPORTATION | RIVERSIDE, CA NV5 provided engineering development review services for a variety of projects ranging from single-family development to supporting documents for FEMA map revision requests. NV5 reviewed Hydraulic and Hydrologic Analysis, Water Quality Management Plans (SWQMPs), HEC-RAS analysis and other documents as requested for conformance with project conditions of approval, federal state and local guidance documents, and compliance with County requirements.
DATES: 2021
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 4
COMPANY QUALIFICATIONS
ON-CALL PLAN CHECK SERVICES
CITY OF EL MONTE | EL MONTE, CA
Our team is contracted with the City of El Monte to provide plan check/review services and staff support to oversee the construction of various CIP projects and wireless communications facilities. Reviews include grading, soils report reviews, sewer, water, and storm drain improvements, hydrology reports, SWPPPs, Low Impact Development, street improvement plans, parcel/tract maps, easements and lot line adjustments. Example projects reviewed include:
DATES: JUNE 2019-CURRENT
• 10725 Mildred Street Grading Plan
• 3161 Granada Avenue Grading Plan
• 2015 East Redstone Street Grading Plan
• 3837 Clark Avenue Grading Plan
• 10141 Olney Street Grading, Drainage,
and Erosion Control Plan
ON-CALL PLAN CHECK SERVICES
CITY OF MORENO VALLEY| MORENO VALLEY, CA
Our team provided as-needed municipal map and plan check services for the City of Moreno Valley. Services included plan review and checking final maps, parcel maps, improvement plans, grading plans, hydrologic/hydraulic studies, soil/geologic reports, engineer’s cost estimates and easement documents, in addition to providing other support services as needed for the Land Development Division of Public Works. Example projects reviewed include:
• Grading Plans/Street Plans/Drainage Study/Final Map for Parcel Map 35879 • Westridge Commerce Center Development: a 943,800-square-foot distribution warehouse on an approximately 55-acre site with associated on-site improvements (parking, landscape, hardscape, sewer, water, storm drain, underground utilities, grading, etc.) and off-site improvements (roadway, bridge crossing, landscaping, irrigation, water, sewer, storm drain, and underground utilities)
DATES: 2012-2019
DATES: SEPTEMBER 2019-CURRENT
ON-CALL PLAN CHECK SERVICES
CITY OF PICO RIVERA | PICO RIVERA, CA
Our team is providing on-call plan check services to the City of Pico Rivera. Reviews include subdivision maps, parcel maps, boundary adjustments and legal descriptions for conformance with local and state ordinances and laws; grading plans, including preliminary grading, mass grading, rough grading and precise grading plans; street improvement plans, including street widening, rehabilitation and new street plans; utility improvement plans; stormwater quality management plans; hydrology and hydraulic calculations and reports; engineer’s cost estimate for the related items of work for bonding purposes; engineer’s reports, including stormwater pollution prevention plans; erosion and sediment control plans; and geotechnical report review.
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 5
COMPANY QUALIFICATIONS
DATES: 2020-CURRENT
ON-CALL CIVIL & WATER QUALITY MANAGEMENT PLAN CHECK
COUNTY OF SAN BERNARDINO | SAN BERNARDINO, CA
NV5 is providing engineering development review services for a variety of projects ranging from single-family development to large, multi-phase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviewed hydraulic and hydrologic analysis, water quality management plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans for conformance with project conditions of approval and compliance with County requirements.
ON-CALL PLAN CHECK, INSPECTION & STORMWATER
MANAGEMENT SERVICES
CITY OF BEAUMONT| BEAUMONT, CA
Our team is providing plan check and inspection services for the City of Beaumont on an asneeded basis. Services include subdivision and parcel map review, grading, public and private street and utility improvements, storm drain, sewer, erosion control, geotechnical, hydrology/ hydraulic, structural, water quality/NPDES, landscape reviews, and full-time public works inspection.
DATES: 2016-CURRENT
ON-CALL PLAN CHECK SERVICES
CITY OF MENIFEE | MENIFEE, CA
NV5 was awarded two contracts by the City of Menifee to support development review and provide design of capital projects. NV5 is retained to work with city staff to provide conditions of approval and review development projects for conformance to city codes and other development standards. Areas of work include providing pre-application and entitlement package reviews, assigning engineering conditions of approval for multiple Tentative Maps and Conditional Use Permits. Prepared engineering conditions of approval for previously entitled Tentative Maps and other projects.
DATES: 2016-PRESENT
ON-CALL PLAN CHECK SERVICES
CITY OF LAKE ELSINORE | LAKE ELSINORE, CA
NV5 provided review of public and private land development projects. We reviewed Water Quality Technical Reports, grading plans, tract improvement plans, parcel mergers and lot line adjustments. The team reviewed all plans and associated technical reports for clarity, format, completeness and conformance to the city’s grading and roadway criteria, Riverside County WQMP guidance documents, industry-standard design procedures, permit requirements and conditions of development. Due to the nature of Lake Elsinore’s sensitivity to water quality measures, NV5 developed delineating maps to distinguish “Highest and Best Use” areas for the city to aid our plan review process.
DATES: 2017-2019
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 6
LOCAL STAFFING LIST
PRINCIPAL-IN-CHARGE/
AUTHORIZED SIGNER
Jeffrey M. Cooper, PE
PROJECT MANAGER
David Niknafs, PE
ORGANIZATION CHART
Our team of experts brings direct, relevant, successful and current experience working on projects of similar scope and complexity. We are equipped with the resources to provide the City with the requested On-Call Professional Engineering Plan Check Services. Jeffrey M. Cooper, PE, Vice President, is a company officer authorized to bind the firm. Resumes and percentage of availability are included in the Appendix. Shown below are team roles and responsibilities.
PLAN CHECK
ENGINEERS
LAND DEVELOPMENT
(GRADING, STREETS,
HYDROLOGY, WQMP) +
UTILITIES
Tamara O’Neal, PE
Padma Asam, PE, QSD/P,
LEED AP
Amir Modarressi, PE
Mahrooz Ilkhanipour, PE
SURVEY+SUBDIVISION
J Braley, PLS
Jay Fahrion, PLS
TRAFFIC
Akram Hindiyeh, PE, TE
James Miller, PE
HYDROLOGY/HYDRAULICS
Nona Espinosa, PE
GEOTECHNICAL
Carl Henderson, PE, GE
Gene Custenborder, PE, CEG
SUPPORT STAFF
Thomas Grace, EIT
Stephen Novak
Nhut Pham, EIT
Michael Rocco
Amir B. Mansour, EIT
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 7
UNDERSTANDING/APPROACH
PLAN CHECK APPROACH
Our primary approach is to serve as a direct extension
of the City staff. NV5 will take every measure possible to see that the City’s timeline is met. It is our intention to consistently beat the plan review turnaround times
while assuring continuous quality and reasonable
implementation of the state codes and all local
amendments. We will put forth a coordinated effort and
responsibility to track and coordinate all applications or requests received in the City.
All plan check services will be driven by the accepted
architect-engineering and industry professional practices, and will comply with the applicable regulations. Turnaround times of plan checks are crucial, and we intend to return plan checks within the timelines outlined by the City. We continually train existing employees and recruit new talent to exceed the expectations of our clients.
We understand how essential it is for individual
departments to work together in order to build a
successful project. Our philosophy is to work closely with all departments, divisions and agencies to eliminate
redundancy and increase efficiency. We understand the
difficulties in interpreting design standards, and we take pride in providing solutions for your constituents.
Outlined below is the general process the NV5 team
utilizes to provide plan review services. This is presented as a guideline to be adjusted according to the processing procedures of your jurisdiction. We will work with the
City in a seamless manner for review of plans for code
compliance and keeping projects moving to the finish line.
PROJECT DELIVERABLES: PLAN CHECK PROJECTS
Deliverables for a typical plan check project include:
○ Cost confirmation letter (if required)
○ Signed comment letter with checklist
○ Redlined plans
In compliance with state law, all plan check services will be performed by or under the responsible charge of a
California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed.
All plan review memos will be signed and sealed by a duly licensed professional.
PLAN CHECK SUBMITTALS SEQUENCE
Each submittal will generally follow the following sequence:
First Plan Check
The initial plan check will be comprehensive and identify all significant issues. It is important to present significant issues to the developer as early in the review process as possible, so that the developer can respond in a timely manner. In addition to the typical scope of services, the first plan check will include the following:
○ Plan Review Checklist
○ Review of Conditions of Discretionary Approval
○ Analysis of Easement Requirements and Right-Of-Way
Needs
○ Identification of Required Coordination with Inter-Agency Jurisdictional Issues
Subsequent Submittals
Plan check resubmittals are reviewed for completeness
and to determine if all previous comments have been fully addressed. If the developer has made significant changes to the submittal, new review comments may be necessary.
The NV5 plan checker will identify remaining deficiencies in the documents for subsequent reiterations of the plan check submittals.
Final Review
We anticipate that after no more than three (3) plan checks, NV5 will request that the developer submit final plans and associated documents, as required by the City for final review. NV5 will confirm that plans are complete and that all associated documents have been submitted. NV5 will then provide an approval letter and other required documents and transmittals, depending on the type of review.
Transmittal
NV5 will maintain accurate and comprehensive records
related to all plans, calculations and documents received.
Our team is experienced in providing digital plan review and will accept, review and return plans electronically if the City desires.
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 8
UNDERSTANDING/APPROACH
We will screen and log every application to assure they are routed to all plan checkers in a timely manner. All submittals are checked for compliance with relevant state and local requirements. The log serves as a tracking device to assure turnarounds and completeness of review.
Corrections
NV5 will assure that corrections are handled as quickly and as clearly as possible. We will identify all corrections based on compliance with specific standards, codes and
regulations. We will either provide notes on the plans as appropriate, or provide a correction sheet detailing which items need to be addressed for plan approval.
Each project will be reviewed with strict adherence to our company policy of independent objectivity as a third party.
Projects have ranged from the simple to the complex
across all types of construction. Our wide exposure and expertise allow us to provide impartial and comprehensive plan reviews clearly indicating the applicable codes and standards and documenting noted deficiencies. Our
reviews are individually prepared for each project and, while we use Agency standard checklists as a basis for
our review, we also review each individual project for sitespecific impacts and technical merits — including boundary conditions and general construction considerations. Our Plan Review Reports are written to provide the design
team with a clear and concise understanding of the issues.
Comments from each discipline are grouped together for
easy reference, and each comment references a specific
item in the plans or specifications as well as a reference.
Approvals
Upon completion of each plan review, plans and supporting documents will be returned to the City recommending
approval. Approval will only be given when all compliance issues are resolved to the best of our team’s knowledge and all requirements of the City are satisfied.
Accelerated Plan Review
In most cases, we will complete the initial plan review in 10 working days and considerably less time for re-checks.
However, some plans may require expedited review. At
your request, we will perform plan review services within an accelerated time frame. Accelerated plan review may
require an additional fee, agreed upon by the applicant and NV5.
Meetings
We will conduct and coordinate all communications with
the City for plan review comments to assure that plan
review issues are handled efficiently. During the plan
review process, we are prepared to meet with City staff and the applicant at any time. Our goal is to issue approved plans as quickly as possible, but in full compliance with local codes, ordinances and guidelines. Our experience
suggests greater involvement early in the design process yields exceptional benefits. We feel it is helpful to be involved in Development Review meetings for projects
subject to the Planning Review process.
MANAGEMENT PLAN + QA/QC
Our managerial approach is based on shared expectations and clear and consistent communication with City staff
throughout the delivery of projects.
Our plan review process highlights the tools and
techniques we will employ to deliver quality, accurate, timely and responsive plan reviews:
Reliable and Responsive Service. Our project manager
will provide proactive communication, utilize proven project management tools and best practices, and will anticipate your needs and quickly respond with accurate and detailed information every step of the way. We are available to meet with the City at kickoff and progress meetings to discuss procedures, projects, and to maintain momentum and
project schedules.
Efficiently Meet Turnaround Deadlines and Maintain
Development Momentum. An emphasis will be placed on
our staff’s experience with the City and requirements to proactively facilitate communication and processing. We will work to assure proven quality assurance and schedule control measures are implemented.
Maintain Accuracy and Cost Savings Through Proven
Processes and Continuity. We can implement integrated,
standardized processes, including electronic plan reviews that will be utilized by seasoned staff members who deliver City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 9
UNDERSTANDING/APPROACH
plan review comments that are consistent, thorough,
accurate, and done right the first time.
INTEGRATED PLAN REVIEW PROCESS
The step-by-step review process that we follow for every plan check/review assures that review standards are
consistently implemented on each project.
We will implement a comprehensive program based on
best practices to validate that each and every review is thorough, accurate, consistent and timely. This system’s success is based on thousands of hours of practical, realworld experience by our dedicated personnel and their unique ability to interact quickly and efficiently with your staff. The specific action items in our process include:
Coordination and Communication: Our staff will handle
the necessary administrative functions, such as project tracking, managing project controls, maintaining and
distributing communications, reviewing agendas and
ordinance issues, and fielding calls on project status.
Analyzing Submittals: Our team will review and assess
initial submittals for completeness, review title sheets and non-technical issues; maintain files; monitor due dates; monitor contract budget and status tracking reports; and coordinate invoicing. Consistency will be maintained by assigning the project to the same reviewer that performed the previous reviews, unless circumstances dictate
otherwise.
Facilitating Quality Reviews: Our experienced public
works plan reviewers will routinely review agency
standards, ordinances, guidelines, and update checklists; write comment letters; coordinate project returns;
attend review meetings; and communicate comments
to the applicant and designers. Because of our depth of resources and project tools (checklists, comment letters), reassigned projects can be reviewed without missing
deadlines or causing unnecessary rechecks.
Providing Expertise: Our experts will provide a quality, comprehensive review of plans, studies, maps and reports in accordance with all accepted engineering practices,
the Subdivision Map Act, applicable regulations and City development standards. Our experts are also available
to meet with your staff to clarify comments and discuss solutions, as well as provide full and complete reviews for each project that will minimize the number of resubmittals by the customer.
Quality Assurance/Quality Control: We are committed to
a Quality Assurance, Quality Control and Constructability Review protocol for all deliverables submitted to a client.
Our QC policy requires our project engineer and project manager to sign off on the cover sheet and commit that
they have reviewed the submittal and are accepting
responsibility for the quality of the documents prior to being submitted for review by peers.
PROVIDING RELIABLE, RESPONSIVE AND COST-EFFECTIVE PLAN CHECK SERVICES USING LOCAL KNOWLEDGE FROM PREVIOUS LOCAL AGENCY PARTNERSHIPS AND EXPERIENCE MEETING THE CITY’S NEEDS
PROVIDING RELIABLE, RESPONSIVE AND COST-EFFECTIVE ENGINEERING SERVICES USING LOCAL KNOWLEDGE FROM PREVIOUS LOCAL AGENCY PARTNERSHIPS AND EXPERIENCE MEETING THE CITY’S NEEDS:
UNDERSTANDING THE NATURE OF AS-NEEDED CONTRACTS AND ITS
CHALLENGES ALLOWS US TO MEET YOUR NEEDS AND ACHIEVE YOUR GOALS
MOBILIZE QUICKLY
TO PROVIDE SERVICES
CLEAR COMMUNICATION
ONE POINT OF CONTACT
EQUIPPED
WITH RESOURCES
QUICK RESPONSES TO
ISSUES AND CONCERNS
UNDERSTANDING THE NATURE OF ON-CALL CONTRACTS AND THEIR CHALLENGES ALLOWS US TO MEET THE CITY’S NEEDS AND ACHIEVE ITS GOALS WHY NV5?
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 10
REFERENCES
REFERENCES
Provided below are references of clients for whom Professional Engineering Plan Check Services have been performed in the last seven (7) years that are comparable in quality and scope to that specified in this RFP.
Relevant Project References
Client Contact / Title Project Services/Dates
City of
Dana Point
Contact: Matt Sinacori,
Public Works Director/City
Engineer
Address/Phone/Email:
33282 Golden Lantern
Dana Point, CA 92629
949.248.3574
[email protected]
Plan Check Services (2016-Current): NV5 is currently under contract with the City of Dana Point to provide development review services for new projects within the City. NV5 serves as an extension of City staff to review projects involving grading, street and drainage improvements, building foundations and retaining walls, and parcel/tract maps for conformance with City standards, regional, and state regulations, and generally accepted engineering design practices.
City of
El Monte
Contact: Lee Torres,
City Engineer
Address/Phone/Email:
11333 Valley Blvd.
El Monte, CA 91731
626.580.2055
[email protected]
On-Call Plan Check Services (June 2019-Current): Our team is contracted with the City of El Monte to provide plan check/review services and staff support to oversee the construction of various CIP projects and wireless communications facilities. Reviews include grading, soils report reviews, sewer, water, and storm drain improvements, hydrology reports, SWPPPs, Low Impact Development, street improvement plans, parcel/tract maps, easements and lot line adjustments.
City of
La Habra
Heights
Contact: Fabiola Huerta,
City Manager
Address/Phone/Email:
1245 N. Hacienda Road
La Habra Heights, CA,
90631
562.694.6302
[email protected]
On-Call Plan Check Support Services (2016-Current): As part of an oncall plan review and inspection services contract, our team is currently providing as-needed plan review services. Scope of work includes plan review and checking final maps, parcel maps, improvement plans, grading plans, hydrologic/hydraulic studies, soils/geologic reports, engineer cost estimates, and easement documents. Our team has completed over 100 reviews for the City..
City of
Imperial
Beach
Contact: Tyler Foltz,
Community Development
Director
Address/Phone/Email:
825 Imperial Beach Blvd.
Imperial Beach, CA 91932
619.628.2381
[email protected]
On-Call Plan Check Services (2014-Current): NV5 is currently providing engineer/plan check services for this beachside community. The suite of services consists of three major elements: City Engineer services, plan check/development review and design of capital projects.
City of
Beaumont
Contact: Jeff Hart,
City Engineer
Address/Phone/Email:
550 E. 6th St.
Beaumont, CA 92223
951.769.8520
[email protected]
On-Call Plan Check, Inspection & Stormwater Management Services (2016-Current): Our team is providing plan check and inspection services for the City of Beaumont on an as-needed basis. Services include subdivision and parcel map review, grading, public and private street and utility improvements, storm drain, sewer, erosion control, geotechnical, hydrology/hydraulic, structural, water quality/NPDES, landscape reviews, and full-time public works inspection.
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 11
FEE & COST PROPOSAL
FEE & COST PROPOSAL
Our Fee & Cost Proposal is included in a separately sealed envelope.
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 12
EXCEPTIONS
EXCEPTIONS
NV5 has reviewed the RFP and attached sample contract and does not have any exceptions to the RFP or the City’s Standard Agreement.
BUSINESS ENTITY
BUSINESS ENTITY
NV5 is a California Corporation.
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 13
CONTRACT SIGNATORIES
CONTRACT SIGNATORIES
The two binding signatories of the firm are Jeffrey M. Cooper, PE, Vice President, and MaryJo O’Brien, Executive Vice President and Chief Administrative Officer.
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 14
SAMPLE CORRECTION/APPROVAL NOTICE/TRANSMITTAL
163 Technology Drive, Suite 100 | Irvine, CA 92618 | O: (949) 585-0477 November 10, 2019
City of La Habra Heights
1245 N. Hacienda Blvd.
La Habra Heights, CA 90631
RE: 183 Leucadia Road (PRJ 19-056) - First Project Review Dear Applicant;
Below are our first review comments on the subject project:
IV. Engineering Division – NV5/CivilSource (949) 585-0477, Akram Hindiyeh CORRECTIONS TO THE SUBMITTAL:
Prior to issuance of Grading Permit:
1. City of La Habra Heights’ LID Ordinance should be examined for any mitigation requirements for the project.
2. Provide a drainage study including any offsite runoff draining towards the project area.
The proposed improvements should not increase the lot drainage. See City Ordinance No. J109.4.
3. Per the City of La Habra Heights Grading notes item number J109.4 “Drainage across property Lines” add the following notes to the title sheet:
“Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of nonerosive down drain or other devices”
4. Sheet 2 of 4, Section B shows concentrated flow draining on a natural slope. This condition is erosive to the slope and needs to be revised.
5. Provide Engineer’s construction cost estimate.
Prior to issuance of Grading Permit:
1. The final plans must be signed and stamped by a California registered civil and soils engineers.
Please return the check prints with the next submittal and respond to the above comments in writing.
Regards
,
M. Akram Hindiyeh
City Engineer
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 15
SAMPLE CORRECTION/APPROVAL NOTICE/TRANSMITTAL
163 Technology Drive | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477
CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
TRANSMITTAL
To: City of El Monte
Public Works Department
Engineering Division
11333 Valley Boulevard
El Monte, CA 91731
[email protected]
Date: 04/06/2021
Project: City of El Monte
Plan Check Review:
4224 Penn Mar Ave
Grading Plans
1st
Plan Check
Attn: Kevin Ko Project #:
CC: Kacie Stewart, David Niknafs From: Steve Novak
[email protected]
The following items were reviewed:
Status
Completed our 1st Plan Check
review. Please address all
comments and resubmit plans
for 2nd check.
Enclosures
Plan Check Comments on 1st Submittal – Grading Plans
Address Comments on:
Plan Sheets;
City Grading Checklist;
LID;
Hydraulic Calcs;
Earthwork & Cost Estimate appear in order
Comments:
We completed our 1st review of the Grading Plan Package.
Address Comments on items listed above.
Thank you,
Steve Novak
Steve Novak
NV5
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | 16
APPENDIX
Plan Check Reviews
CITY OF EL MONTE | EL MONTE, CA
Project Manager. Mr. Niknafs is responsible for reviewing grading and drainage plans for various land development projects for the City. Our team is contracted with the City of El Monte to provide plan check/review services and staff support to oversee the construction of various CIP projects and wireless communications facilities. Reviews include grading, soils report reviews, sewer, water, and storm drain improvements, hydrology reports, SWPPPs, Low Impact Development, street improvement plans, parcel/tract maps, easements and lot line adjustments.
On-Call Plan Check Services
CITY OF PICO RIVERA | PICO RIVERA, CA
Project Manager. Mr. Niknafs oversees this on-call plan check contract for the City of Pico Rivera. Reviews include subdivision maps, parcel maps, boundary adjustments and legal descriptions for conformance with local and state ordinances and laws; grading plans; street improvement plans; utility improvement plans; stormwater quality management plans; hydrology and hydraulic calculations and reports; engineer’s cost estimate for the related items of work for bonding purposes; engineer’s reports, including stormwater pollution prevention plans; erosion and sediment control plans; and geotechnical report review.
On-Call Plan Check Services
CITY OF MORENO VALLEY | MORENO VALLEY, CA
Project Manager. Mr. Niknafs was responsible for plan check services for the City.
Services included plan review and checking final maps, parcel maps, improvement plans, grading plans, hydrologic/hydraulic studies, soil/geologic reports, Engineer Cost Estimates and easement documents, in addition to providing other support services as needed for the Land Development Division of Public Works.
On-Call Project Management Services
CITY OF CORONA | CORONA, CA
Project Manager. Mr. Niknafs oversees NV5’s direct project management services to the City as part of our On-Call Project Management Services contract. Our Project Manager’s duties include managing the review of all types of land development projects (residential, commercial, and industrial) submitted to the City for conformance with City standards; reviewing grading plans, public improvement plans (including, but not limited to, street design, storm drain, sewer and street light), and other types of projects; preparing public improvement agreements; reviewing survey documents such as legals, plats, deed, quit claims and others; and reviewing Water Quality Management Plans.
Project Experience
Mr. Niknafs has more than 30 years of civil engineering experience in the public and private sectors working on various capital improvement projects and has extensive experience working as a project director and project manager. He has managed numerous public works and development projects, including roadways, bridges, drainage, sewer, water, underground utilities, building facilities and related infrastructure improvement projects.
DAVID NIKNAFS, PE
Project Manager
CONTACT INFO
[email protected]
EXPERIENCE
30 years
EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering
LICENSES
Civil Engineer (CA)
No. 42697
AFFILIATIONS
American Public Works
Association (APWA)
American Society of Civil
Engineers (ASCE)
Transportation &
Development Institute
AVAILABILITY
80%
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B1 Development Review Services
CITIES OF DANA POINT, ENCINITAS AND INGLEWOOD | SOUTHERN CALIFORNIA Project Manager. Ms. O’Neal is serving as point of daily contact for the client as well as developers, working closely with City Planning and Traffic Engineering staff, and directing the efforts of various subconsultants to provide overall project coordination for a variety of projects. These range from single-family lot developments to large, multi-phase subdivisions with significant public infrastructure requirements. Projects also include large-scale habitat mitigation and floodplain development projects during all phases from discretionary review through project construction. Services include preparing conditions of approval, development agreements and staff reports, reviewing final maps, grading plans, public and private improvement drawings, associated calculations, and technical reports.
Engineering and Plan Check Services
CITY OF IMPERIAL BEACH | IMPERIAL BEACH, CA
Project Manager. Ms. O’Neal is providing engineering services for this beachside community. The suite of services consists of three major elements: City Engineer services, plan check/development review and design of capital projects.
City Engineering Services
CITY OF DEL MAR | DEL MAR, CA
Engineering Development Review Manager. Ms. O’Neal served as an extension of the City’s staff in reviewing proposed development projects, preparing conditions of approval and providing project coordination services and plan check reviews for conformance with City standards and project conditions. She was responsible for ensuring compliance with the City’s Clean Water Program and performing construction inspections. She assisted with preparation of the City Engineering long- and short-term Capital Improvement Program and preparation of the associated two- and five-year City budgets. She prepared staff reports, resolutions, ordinances, and compliance reporting documents for satisfaction of a variety of State mandates. She also provided technical support at City management and community outreach meetings, and was instrumental in the preparation of the City’s Clean Water compliance reporting documents and program implementation.
On-Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT | BEAUMONT, CA
Project Manager. Ms. O’Neal is providing the City with review of as-needed private development projects and public works inspection services. Reviews include Project Experience
Ms. O’Neal has more than 26 years of experience in municipal and private engineering services, including capital improvement and development review project management, sewer rehabilitation design and planning, stormwater quality regulatory, reporting and review services, asset management, floodplain development services and environmental restoration services. In addition to having direct public agency employment experience, Ms. O’Neal has provided extension of staff services on a consultant basis for numerous cities, as well as water and sanitation districts in San Diego, Orange and Los Angeles counties.
TAMARA O’NEAL, PE
Lead Plan Check Engineer
EXPERIENCE
26 years
EDUCATION
B.S. Civil Engineering
LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 69107
AVAILABILITY
80%
CONTACT INFO
[email protected]
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B2
RESUMES
improvement, sewer and storm drain plans, hydrology and hydraulic reports, water quality reports, geotechnical reports, structural calculations and cost estimates. NV5 is assisting the City with the development of checklists, standard notes, unit price lists and other documents to standardize and streamline the review/inspection process.
On-Call Plan Check Services
CITY OF LAKE ELSINORE | LAKE ELSINORE, CA
Project Manager. Ms. O’Neal oversaw the review of Water Quality Technical Reports, grading plans, tract improvement plans, parcel mergers and lot line adjustments. Due to the unique nature of Lake Elsinore’s water conservation requirements, NV5 developed delineating maps to distinguish “Highest and Best Use” areas for the City to streamline the plan review process.
Hollywood Park Development Review
CITY OF INGLEWOOD | INGLEWOOD, CA
Project Manager. Ms. O’Neal led the development review services contract for the redevelopment of Hollywood Park, Phase A, Phase 1, and a portion of Phase 2 Infrastructure Improvement. Plan reviews were conducted in accordance with city, county, state and federal ordinances and standards and included developing conditions of approval, mitigation monitoring reporting plans, specific plans and general plans, as well as completing grading, drainage and street improvement plan reviews. Ms. O’Neal also supported the creation of the development agreement and presented the project to City Council, recommending approval of the approximately 465-acre site into a mixed use development, anchored by the recently completed Sofi Stadium.
On-Call Plan Check Services
CITY OF PICO RIVERA | PICO RIVERA, CA
Project Manager. Ms. O’Neal oversees this on-call plan check contract for the City of Pico Rivera. Reviews include subdivision maps, parcel maps, boundary adjustments and legal descriptions for conformance with local and state ordinances and laws; grading plans, including preliminary grading, mass grading, rough grading and precise grading plans; street improvement plans, including street widening, rehabilitation and new street plans; utility improvement plans; stormwater quality management plans; hydrology and hydraulic calculations and reports; engineer’s cost estimate for the related items of work for bonding purposes; engineer’s reports, including stormwater pollution prevention plans; erosion and sediment control plans; and geotechnical report review.
Civil & Water Quality Management Plan Check Services
COUNTY OF SAN BERNARDINO | SAN BERNARDINO, CA
Ms. O’Neal provided engineering development review services for a variety of projects ranging from single-family development to large, multi-phase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviewed Hydraulic and Hydrologic Analysis, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans for conformance with project conditions of approval and compliance with County requirements.
Plan Check of Water Quality Management Plan Hydrology Reports and Plan Check Services COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT | COUNTY OF RIVERSIDE, CA Project Manager. Ms. O’Neal served as the Project Manager overseeing plan checking of WQMP (Water Quality Management Plan) and Hydrology Reports associated with new development and significant redevelopment projects, and plan check services for private development projects for compliance with the county’s MS4 permits and the Riverside County WQMP for Urban Runoff. Review of P-WQMPs, F-WQMPs, Hydraulic and Hydrology reports, floodplain studies, and grading plans.
On-Call Plan Check Services
CITY OF MENIFEE | MENIFEE, CA
Project Manager. Ms. O’Neal was the project manager on two contracts awarded by the City of Menifee to support development review and to provide design of capital projects. NV5 was retained to work with City staff in reviewing development projects for conformance to City codes and other development standards. NV5 is also providing design of a new bridge on Bradley Road to replace an existing low flow crossing at Salt Creek channel that causes a roadway closure even in light rain events.
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B3 Plan Check Services
CITY OF DANA POINT | DANA POINT, CA
Project Engineer. Ms Asam is providing development review services for new projects within the City. NV5 serves as an extension of City staff to review projects involving grading, street and drainage improvements, building foundations and retaining walls, and parcel/tract maps for conformance with City standards, regional, and state regulations, and generally accepted engineering design practices.
Engineering and Plan Check Services
CITY OF IMPERIAL BEACH | IMPERIAL BEACH, CA
Project Engineer. Ms Asam is providing consultant City Engineer services for this beachside community. The suite of services consists of three major elements: City Engineer services, plan check/development review, design of capital improvement projects, and grant administration.
As-Needed Services
CITY OF CARLSBAD | CARLSBAD, CA
Project Engineer. Ms. Asam provided consultant services for the City, including review of grading plans, street improvement plans, geotech reports, hydrology reports and stormwater documents for residential and commercial developments.
On-Call Public Works Inspection and Plan Check Services CITY OF BEAUMONT | BEAUMONT, CA
Project Engineer. Ms. Asam is providing review of private development projects and public works inspection services. NV5 reviews all plans and associated technical reports for clarity, format, completeness and conformance to the City’s grading and roadway criteria, industry-standard design procedures, permit requirements, and conditions of development.
Civil & Water Quality Management Plan Check Services
COUNTY OF SAN BERNARDINO | SAN BERNARDINO, CA
Project Engineer. Ms. Asam provided engineering development review services for a variety of projects ranging from single-family developments to large, multiphase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviewed Hydraulic and Hydrologic Analyses, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans for conformance with project conditions of approval and compliance with County requirements.
Project Experience
Ms. Asam’s experience includes roadway widening and alignments, retaining walls, bridge abutments, pedestrian ramps and utility undergrounding. She routinely utilizes structural building codes, including the IBC and AISC, to perform design work and submittal reviews and frequently uses the Caltrans Bridge Design and Highway Design Manuals, the San Diego Regional Standards, Green Book and the SDG&E Undergrounding Standards. Ms. Asam is proficient in various structural design and modeling tools, such as AutoCAD CIVIL3D and RetainPro.
EXPERIENCE
15 years
EDUCATION
M.S. Structural
Engineering
B.S. Civil Engineering
LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 83896
Qualified SWPPP
Developer/Practitioner
(CA) No. 27085
REGISTRATIONS
LEED Accredited
Professional
AVAILABILITY
80%
CONTACT INFO
[email protected] PADMA ASAM, PE, QSD/QSP, LEED AP
Plan Check Engineer
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B4 Public Works Staff Augmentation Services
CITY OF CORONA | CORONA, CA
Plan Check Engineer. As staff augmentation, Mr. Modarressi provided on-site and offsite plan check services within the following areas: civil engineering design and plan check, public works construction inspection, utility plans, water and wastewater plans, landscape inspection, stormwater inspection, transit systems, traffic management systems, and administration.
Interim Assistant City Engineer
CITY OF BUENA PARK | BUENA PARK, CA
Interim Assistant City Engineer. Mr. Modarressi provided on-site city engineering and project management services to the City. His duties included: assisted the Director of Public Works to plan, direct, set goals and implement City engineering projects; managed the City’s Capital Improvements Program including design and construction of public works projects; represented Public Works Department on the Planning Commission and Transportation Commission; prepared new development review and conditions of approval for new developments; and performed plan check for the new development proposals.
Deputy Director of Public Works/City Engineer
CITY OF INDIO | INDIO, CA
Deputy Director of Public Works/City Engineer. At this position, Mr. Modarressi’s responsibilities included:
• Assisting the Director of Public Works in planning, directing, setting goals and implementing City engineering projects; directing, administering, and enforcing City engineering standards and specifications, and all City codes and ordinances relative to engineering; serving as the City Engineer and City Traffic Engineer. • Managing construction of public works projects, such as roads, bridges, storm lines, and water lines.
• Managing the development of short- and long-range plans and projects; developing negotiation strategies and participating in contract negotiations relative to new and existing capital improvement projects; administering engineering and construction contracts and resolving issues associated with contract compliance.
• Managing the daily operations of the engineering division; managing acquisition of grants and other external funding to supplement the City’s Capital Improvements Program budget. Projects included roads, bridges, water mains and water facilities systems, traffic signals and street lighting; performing plan checks and field engineering and construction staking; determining work procedures.
Project Experience
Mr. Modarressi has more than 26 years of public works experience. His responsibilities have included managing the daily operations of the engineering department; planning, directing, setting goals and implementing City engineering and building projects; directing, administering and enforcing City engineering and building standards and specifications, Uniform Building Code, and all City codes and ordinances relative to engineering and building.
EXPERIENCE
26 years
EDUCATION
B.S. Civil Engineering and
Engineering Operations
LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 57479
AVAILABILITY
70%
CONTACT INFO
[email protected] AMIR MODARRESSI, PE
Plan Check Engineer
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B5 As-Needed Plan Check Engineering Services
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
Plan Check Engineer. Ms. Ilkhanipour provides as-needed plan review services for the City of La Habra Heights. Her scope of work includes plan review and checking final maps, parcel maps, street improvement plans, grading plans, hydrologic/hydraulic studies, soils/geologic reports, engineer cost estimates, haul routes, easement documents, lot line adjustments, SUSMP/SWPPP/LID, erosion control plans, BMPs, and encroachment permits.
As-Needed Plan Check Engineering Services/Alternate City Engineer CITY OF VILLA PARK | VILLA PARK, CA
Plan Check Engineer/Alternate City Engineer. Ms. Ilkhanipour provides as-needed plan review services and as-needed City Engineering services for the City of Villa Park. She is responsible for plan review and checking final maps, parcel maps, street improvement plans, grading plans, hydrologic/hydraulic studies, soils/geologic reports, engineer cost estimates, haul routes, easement documents, lot line adjustments, SUSMP/SWPPP/LID, erosion control plans, BMPs, and encroachment permits.
Public Works/Infrastructure & Development Services
COUNTY OF ORANGE
Plan Check Manager. Ms. Ilkhanipour managed and led staff and consulting teams in reviewing and processing plans for major development, primarily Rancho Mission Viejo. This includes plan review of subdivision maps, survey, drainage plans and reports, grading, traffic improvements, proposed roads, and all aspects of wet and dry utilities. She also reviewed and approved all proposed encroachments within County property and the Flood Control District properties. This involved extensive coordination with public utilities.
Planning and Development Services/Subdivision and Grading Section
COUNTY OF ORANGE
Plan Check Engineer. Ms. Ilkhanipour was responsible for project management; review and plan check of grading plans prepared by consultants for approval and compliance with the Orange County Grading Code and Manual for residential and commercial/industrial developments in the unincorporated County of Orange; review of on-site hydrology and hydraulics calculations for compliance with the Orange County Hydrology Manual and Local Drainage Manual; and review of design and construction coordination of Geosynthetic Reinforced Segmental Retaining walls. For the last two years within this period, she served as the lead grading plan check representative for the software Automated Permitting and Planning System (APPS), which was used for permitting and plan check.
Project Experience
Ms. Ilkhanipour has more than 33 years in civil engineering and plan check experience at the County of Orange. She has managed departments and led plan check staff for major housing developments, grading, buildings, geotechnical, and plumbing mechanical and electrical, and has good working knowledge of the Orange County Hydrology Manual and Local Drainage Manual. She is well-versed in prioritizing projects, distributing staff workloads, monitoring budgets, client communication, highlevel customer service and effective problem-solving.
EXPERIENCE
33 years
EDUCATION
M.S. Civil Engineering
(Major emphasis in Water
Resources and Structural)
B.S. Civil Engineering
LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 55003
AVAILABILITY
60%
CONTACT INFO
mahrooz.ilkhanipour
@nv5.com
MAHROOZ ILKHANIPOUR, PE
Plan Check Engineer
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B6 Olivewood Project
TAYLOR MORRISON | BEAUMONT, CA
Olivewood is a 982-lot, 12-phase subdivision project by William Lyon Homes. The scope of work included design surveying, including aerial and ground-specific topographic mapping, on/off-site street dedication easements, and construction staking for all 12 phases.
Various Construction Staking Projects
VARIOUS CLIENTS | SOUTHERN CALIFORNIA, CA
Survey Manager. Clients included KB Homes, Irvine Company, Watson Land Company, William Lyon Homes, Griffin Homes, Beazer Homes, Driver SPG, among others.
Mr. Braley was responsible for survey crew coordination, survey calculations, job logistics and quality control on all of the construction sites while maintaining a cordial relationship with clients, consultants and contractors.
Torrance Unified School District
TORRANCE UNIFIED SCHOOL DISTRICT | TORRANCE, CA
Survey Manager. Contracted to provide detailed topographic survey maps for over 20 elementary, middle, and high schools. Mr. Braley was responsible for GPS control, coordination with the aerial mapping consultant, logistics on the ground-specific topography, boundary resolution and managing the drafting of the final products, which were a compilation of the aerial mapping and the ground-specific topography surveys.
Rancho Santiago Community College District
RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT | ORANGE COUNTY, CA Projects within the district included:
• ALTA of Santiago Canyon College
• ADA Compliance Survey Santiago Canyon College
• ALTA Santa Ana College
• Identify and cure title and easement discrepancies on both above college sites.
Project Experience
Mr. Braley has over 40 years of experience as a Land Surveyor in Southern and Northern California, Oregon, Washington, Nevada and Virginia. Mr. Braley has provided survey services to public works agencies, institutional agencies and private land developers. He has a strong background in right-of-way mapping, boundary- and titlerelated issues as well as topographic surveys, horizontal and vertical control, final monument and construction staking. Mr. Braley was the survey project manager on several large projects in the Mojave Desert and in Southern and Northern California.
These projects included mapping for over 100 sections and resolving the boundaries on over 1,800 parcels within those sections and resolved boundaries for 30 miles of the Los Angeles Aqueduct.
EXPERIENCE
41 years
EDUCATION
General Education, Virginia
Polytechnic University, VA
All courses Land Survey
related, Santa Ana College,
CA
Land Surveying
Fundamentals, California
State University, Fresno,
CA
AutoCAD level 1 & level
2, Sacramento State
University, CA
Global Positioning Survey
Class, Los Rios Community
College, CA
GIS class, Sierra College,
CA
LICENSES/CERTIFICATES
Professional Land Surveyor
(CA) No. 8446
(NV) No. 19903
AVAILABILITY
75%
CONTACT INFO
[email protected] J BRALEY, PLS
Plan Check Engineer
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B7 On-Call Public Works Inspection and Map/Plan Check Services CITY OF BEAUMONT | BEAUMONT, CA
Acting City Surveyor for the City of Beaumont under contract with NV5. Responsibilities include review of all Tract Maps, Parcel Maps, Lot Line Adjustments and Certificate of Corrections prepared in the City of Beaumont. Sign and seal all documents and Maps that are required in the duties of the City Surveyor. NV5 reviews all plans and associated technical reports for clarity, format, completeness, and conformance to the City’s grading and roadway criteria, industry-standard design procedures, permit requirements, and conditions of development. Reviews include improvement, grading, and erosion control plans, sewer and storm drain plans, hydrology and hydraulic reports, water quality reports, geotechnical reports, structural calculations and cost estimates.
On-Call Surveying Services
CITY OF LA QUINTA | LA QUINTA, CA
Survey manager providing on-call services as requested by the Public Works Department, work requested included:
• Street Cross Sections on Monroe Street at Mountain View Lane • Topographic Survey of the La Quinta Library
• Construction Staking Services for the West Parking Lot of La Quinta Library • Topographic Survey of the Art Park of the Desert at Avenida Montezuma • Construction Staking services for Fritz Burns Park
• Tie out of existing monument at the Intersection of Avenue 52 and Jefferson Street
All services were completed as scheduled and all information was provided to the City.
On-Call Surveying Services
CITY OF INDIO | INDIO, CA
Survey manager for on-call services as requested by the Public Works Department.
Services include topographic survey of the Indio Safety Campus, Boundary Survey and preparation of a Parcel Map at Dr. Carreon Blvd. All Services were completed as scheduled and all information was provided to the City.
Project Experience
Mr. Fahrion has over 42 years of surveying and mapping experience in Northwest New Mexico and Southern California. He worked in the public sector for San Juan County Public Works in Aztec, New Mexico for eight years where his duties included rightof-way surveys and acquisitions, topographic surveys, and construction staking. His experience includes boundary surveys, ALTA surveys, topographic surveys, construction staking, preparing and processing record of surveys, corner records, and parcel maps.
His duties also include daily assignment of field and office work, managing field and office personnel, proposal preparation, and client development.
EXPERIENCE
43 years
REGISTRATIONS
Professional Land Surveyor
(CA) No. 8207
AQMD PM-10 Certificate
AVAILABILITY
60%
CONTACT INFO
[email protected] JAY FAHRION, PLS
Plan Check Engineer
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B8 On-Call City Engineering (Staff Augmentation)
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
City Engineer. Mr. Hindiyeh provides plan check services for all City plan reviews. Our team is currently providing comprehensive engineering services for assistance with project management, construction management and inspection, civil engineering design, NPDES, reviewing preliminary grading on planning applications, plan check applications, plan check for engineering and grading, review and approval of tentative and final tract maps, and other services typically provided to a municipality.
City Engineering (Staff Augmentation)
CITY OF VILLA PARK | VILLA PARK, CA
City Engineer. Mr. Hindiyeh provided direct city engineering services. Our team plays a role in helping the City Council and City Staff make appropriate decisions regarding City infrastructure. We provide a wide range of general engineering services. Services include plan checking; developing, reviewing, and modifying civil engineering plans, designs and specifications for public works projects; implementing modern methods and techniques used in the design and construction of a wide variety of municipal projects; providing construction management and inspection for a broad range of municipal public works projects; federal funding administration; and technical report writing.
General Engineering (Staff Augmentation)
CITY OF LAGUNA WOODS | LAGUNA WOODS, CA
City/Traffic Engineer. Mr. Hindiyeh and our team provide traffic and general engineering services on an as-needed basis. Services include conducting and reviewing traffic engineering, traffic analysis, and transportation planning studies; providing analysis of existing and projected traffic conditions; providing electronic traffic control device studies and design; performing pedestrian studies; plan check services; and reviewing new development projects involving traffic impact analysis, modeling, and road impact fee analyses.
San Fernando/Burbank Boulevard Intersection and Street Improvements CITY OF BURBANK | BURBANK, CA
Constructability Review. Mr. Hindiyeh performed constructability review of the traffic design to confirm that all traffic control requirements were adequately addressed. The project included analysis of engineers plans, specifications and estimates, confirming compliance of ADA issues, utility challenges, field topography conditions, permits, and traffic control requirements and that bid schedules capture all scope of work.
Project Experience
Mr. Hindiyeh has more than 40 years of civil engineering experience in the public and private sectors. His responsibilities encompass serving as the City Engineer for the City of Villa Park, City Engineer for the City of La Habra Heights, and City Engineer/Traffic Engineer for the City of Laguna Woods. In addition, he is also responsible for administering the design and construction of several major public works, traffic and transportation projects for the City of San Clemente. Mr. Hindiyeh’s experience includes developing and implementing Pavement Management System Programs, Sidewalk Inventory Programs, Street Improvement Programs, Major Street Maintenance Programs, and Traffic Signals Operation and Maintenance Programs.
AKRAM HINDIYEH, PE, TE
Plan Check Engineer
EXPERIENCE
40 years
EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering
LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 28510
Traffic Engineer (CA)
No. 1452
OCTA Prequalified
Pavement Inspector
AVAILABILITY
30%
CONTACT INFO
[email protected]
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B9 CityPlace Development – Phase I Plan Check
CITY OF SANTA CLARA | SANTA CLARA, CA
Senior Project Manager. Mr. Miller served as Senior Project Manager responsible for reviewing traffic signals, signing and striping, and street lighting design plans and photometrics prepared by others, on behalf of the City of Santa Clara. Mr. Miller reviewed the plans to assure conformance with the California MUTCD and Caltrans Standard Plans. Mr. Miller worked closely with the City of Santa Clara to understand the City’s concerns and design standards and best practices and provided comments to the designers.
Black Forest Road Widening Plan Check
CITY OF COLORADO SPRINGS | COLORADO SPRINGS, CO
Senior Project Manager. Mr. Miller served as Senior Project Manager responsible for reviewing traffic signal design plans prepared by others, on behalf of the City of Colorado Springs. Mr. Miller reviewed the plans to assure conformance with the Colorado MUTCD and Colorado Standards and provided comments to the designers.
In and Out Traffic Study Review
CITY OF NATIONAL CITY | NATIONAL CITY, CA
Senior Project Manager. Mr. Miller served as Senior Project Manager responsible for the review of a traffic impact study prepared by others, on behalf of the City of National City. Mr. Miller reviewed the traffic study per local and state guidelines and requirements. Mr. Miller worked closely with the City to understand the City’s concerns and prepared a memorandum.
As-Needed Traffic Control
SAN DIEGO, CA
Senior Transportation Engineer. Mr. Miller served as Senior Transportation Engineer for the design of traffic engineering plans, including new and modified traffic signals, signal interconnect, signing/striping, street and pedestrian lighting, temporary traffic control and detours. He conducted geometric analyses, sight distance evaluations, and site access assessments.
SR-1 Jamboree Road to Santa Ana River Traffic Signals
NEWPORT BEACH, CA
Project Manager/Project Engineer. Mr. Miller was responsible for designing traffic signal modification plans for 13 traffic signals along Pacific Coast Highway (SR-1).
Modifications included ADA and pedestrian upgrades, new loop detectors and count stations. Mr. Miller worked closely with Caltrans District 12 staff to expedite approval of the PS&E package.
Project Experience
Mr. Miller has over 15 years of experience in the traffic and transportation disciplines, including projects involving roadways, bridges, and other specialty civil projects. He has applied his traffic design expertise to major streetscape and multimodal projects for municipal and state agencies. His experience, combined with his knowledge of current standards and best practices, provides his clients with insightful, effective design solutions.
EXPERIENCE
15 years
EDUCATION
B.S. Civil Engineering
LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 82522
AFFILIATIONS
American Society of Civil
Engineers (ASCE)
American Public Works
Association (APWA) Awards
Chair 2013-2019
Adjunct Professor, Civil
Engineering, San Diego
State University, 2014
Aztec Mentoring Program,
San Diego State University,
2013-present
AVAILABILITY
70%
CONTACT INFO
[email protected] JAMES MILLER, PE
Plan Check Engineer
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B10 Focused Update to City Drainage Master Plan
CITY OF IMPERIAL BEACH | IMPERIAL BEACH, CA
Ms. Espinosa performed hydrologic/hydraulic engineering services to model the surface drainage system for four localized areas of concern that include the area of 8th Street and Calla Avenue, Georgia Street and East Bound Imperial Beach Boulevard, 11th Street and Ebony Avenue, and Holly and Oneonta Avenue south of Grove Avenue.
Reviewed previous storm drainage study report and evaluated and performed hydrology calculations for various storm events. Created the hydraulic model to evaluate the feasibility of constructing a local stormwater pump system to alleviate flooding conditions under design storms, as well as possible diversions, potential for capacity increase, and options for attenuating low-flow events. Low-impact development (LID).
Newell Road Bridge Replacement at San Francisquito Creek CITY OF PALO ALTO | PALO ALTO, CA
Ms. Espinosa performed hydrologic/hydraulic engineering services for the replacement of a structurally and hydraulically deficient bridge at San Francisquito Creek. This bridge replacement is part of an overall project to increase the hydraulic capacity of the San Francisquito Creek channel and provide 100-year flood protection. Funding for this project is coming in part from the federal Highway Bridge Program.
Interstate 80/680/12 Interchange PS&E – ICP
SOLANO COUNTY, CA
Ms. Espinosa performed the hydrology and hydraulic analysis for the initial phase of the project. Provided the biofiltration basin design and calculations to comply with NPDES c.3 regulations for stormwater treatment. The ICP project consists of widening and realigning a mile of the I-80 mainline freeway lanes; constructing a new local interchange at Green Valley Road along with the demolition of the existing substandard interchange, and constructing a new freeway connector ramp from I-80W to SR 12W.
Canyon Road Bridge Replacement Project
CITY OF MORAGA | MORAGA, CA
Ms. Espinosa performed hydrologic/hydraulic engineering services for a bridge replacement project. Prepared technical memorandum hydrologic and hydraulic assessment for the Canyon Road West Branch San Leandro Creek (Moraga Creek) (Bridge No. 28C0137) under the existing conditions. She presented the hydraulic analysis and any unusual aspects of the design that require special attention.
Project Experience
Ms. Espinosa has more than 31 years of experience as a design engineer in numerous water resource projects. She has performed hydrology and hydraulic analysis of storm systems as well as hydraulic calculations to determine pipe size, flow demands, capacities, and other pertinent data for sanitary sewer and water systems. Her designs include erosion control sites, hydraulic structures, sanitary sewer systems, water systems, pump stations, wastewater and drainage systems, and a snow making system. Ms. Espinosa is skilled in a number of modeling and engineering design programs, including AutoCAD, Cybernet, WaterCAD,H2Onet, Flow Master, Culvert Master, StormCAD, XPSWMM, PondPack, HEC-RMS, HEC-RAS, HEC-1, HEC-HMS, HEC2, FAAST, and Primavera.
NONA ESPINOSA, PE
Plan Check Engineer
EXPERIENCE
31 years
EDUCATION
B.S. Civil Engineering
LICENSES/CERTIFICATES
Civil Engineer (CA)
No. C-60547
Erosion Control
Compliance with NPDES
Phase II
Erosion Control
Compliance and Rolled
Erosion Control Pro
AFFILIATIONS
APWA
AVAILABILITY
60%
CONTACT INFO
[email protected]
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B11
CARL HENDERSON, PE, GE
Plan Check Engineer
Project Experience
EXPERIENCE
23 years
EDUCATION
Ph.D. Civil Engineering
M.S. Civil Engineering
(Geotechnical)
B.S. Civil Engineering
LICENSES/CERTIFICATES
Geotechnical Engineer (CA)
No. 2886
Civil Engineer (CA)
No. 71115
AFFILIATIONS
Society of American
Military Engineers (SAME)
American Society for Civil
Engineers (ASCE)
AVAILABILITY
40%
CONTACT INFO
[email protected]
Dr. Henderson has more than 23 years of experience performing geotechnical evaluations for a wide variety of projects, including buildings, bridges, highways, roadways, embankments, levees, land development, and commercial and industrial facilities. He has extensive experience with embankment construction and stability evaluations for many large roadway construction projects in California.
On-Call Public Works Inspection and Plan Check Services CITY OF BEAUMONT | BEAUMONT, CA
Principle Geotechnical Engineer. Mr. Henderson is serving as Principal Geotechnical Engineer for geotechnical-related reviews of private development projects and public works inspection services. NV5 reviews all plans and associated technical reports for clarity, format, completeness, and conformance to the City’s grading and roadway criteria, industry-standard design procedures, permit requirements, and conditions of development.
Beryl Street Drainage and Street Improvements from Prospect Avenue to Flagler Lane Project
CITY OF REDONDO BEACH | REDONDO BEACH, CA
Geotechnical Engineer. Mr. Henderson is providing geotechnical engineering services as part of the team that is providing engineering design services for the Beryl Street Drainage and Street Improvements project. The project includes, but is not limited to, roadway, intersection and drainage improvements, including green street elements; modifications to catch basins; pedestrian crossing enhancements through curb ramp and pedestrian signal upgrades; incorporation of Living Street Design principles, traffic calming elements to enhance safety, mobility, and access for users to accommodate a variety of transportation modes; and signing and striping.
Residential Slurry Seal and Arterial Roadway Rehabilitation CITY OF PLACENTIA | PLACENTIA, CA
Geotechnical Engineer. Mr. Henderson provided geotechnical engineering services for the City’s various streets and ADA ramps rehabilitation. The project includes the rehabilitation of existing pavement and sidewalks and traffic signal modifications.
NV5’s services include obtaining existing as-built plans and available pertinent data; taking pavement core samples; conducting field review and assessing pavement conditions; utility notification and coordination; preliminary and final bid packages; and construction support services.
Annual Residential Street Rehabilitation
CITY OF COMPTON | COMPTON, CA
Geotechnical Engineer. Mr. Henderson provided geotechnical engineering services for the project. The scope of work includes review and analysis of the City’s existing Pavement Management Study; research of the City’s existing street plan information; performing necessary soil investigations and coring samples; utilities notification and coordination; topographic survey; field review; and improvements to street pavement, street drainage, curb and gutter, sidewalk, and ADA curb ramps.
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B12 Geotechnical Reviews
VARIOUS MUNICIPALITIES
Mr. Custenborder has provided geotechnical peer review services for the following agencies: City of San Diego, City of Santee, City of Encinitas, City of Poway, City of Menifee, City of San Bernardino, and City of Carlsbad. The peer review services consisted of reviewing the work products (geotechnical reports) of other geotechnical consultants and to provide an opinion as to whether the geotechnical aspects of proposed projects had been appropriately identified, analyzed, addressed and reported. If deficiencies were identified, recommendations were made to the municipalities to request additional analyses from the consultants.
On-Call Plan Check and Engineering Services
CITY OF MENIFEE | MENIFEE, CA
Mr. Custenborder provided geotechnical-related reviews, including soil reports and specialty inspections, as part of the project team on this contract awarded by the City of Menifee to support development review and to provide design of capital projects.
NV5 was retained to work with City staff in reviewing development projects for conformance to City codes and other development standards.
On-Call Public Works Inspection and Plan Check Services CITY OF BEAUMONT | BEAUMONT, CA
Mr. Custenborder provided geotechnical-related reviews of private development projects and public works inspection services. NV5 reviews all plans and associated technical reports for clarity, format, completeness, and conformance to the City’s grading and roadway criteria, industry-standard design procedures, permit requirements, and conditions of development.
Project Experience
Mr. Custenborder’s experience includes geotechnical feasibility studies and geotechnical investigations for public works, commercial and residential works projects in many types of terrain. He has performed geotechnical studies for roadways, railways, tunnels, pipelines, water tanks and two rock-fill dams. He has evaluated potential geologic hazards due to landslides, slope instability, coastal processes, surface fault rupture, liquefaction and seismic shaking. Geologic investigative techniques include field mapping, in-hole and up-hole geologic logging and sampling of borings and trenches, cone penetration testing (CPT), seismic refraction surveys, various technical computer applications and aerial photographic analyses of landforms. Mr.
Custenborder has performed geotechnical peer reviews for various municipal agencies.
GENE CUSTENBORDER, PG, CEG
Plan Check Engineer
CONTACT INFO
gene.custenborder@
nv5.com
EXPERIENCE
38 years
EDUCATION
B.S. Geology
LICENSES
Registered Geologist (CA)
No. 3992
Certified Engineering
Geologist (CA) No. 1319
AVAILABILITY
60%
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B13 Drainage Study Reviews
CITY OF DANA POINT | DANA POINT, CA
Project Engineer. Duties included drainage study reviews, assuring submitted drainage reports adhered to the City’s standards, precise grading and sewer review and providing review comments to be addressed for approval.
Drainage Study Reviews
CITY OF IMPERIAL BEACH | IMPERIAL BEACH, CA
Project Engineer. Duties included drainage study reviews, assuring submitted drainage reports adhered to the City’s standards and provided review comments to be addressed for approval. Projects reviewed include Eight Alley Paving Project, 1337 Molly Ave., and 245 Evergreen Ave.
On-Call Public Works Inspection and Plan Check Services CITY OF BEAUMONT | BEAUMONT, CA
Project Engineer. Duties included drainage study reviews, assuring submitted drainage reports adhered to the City’s standards and providing review comments to be addressed for approval. Projects reviewed include 1010 West 4th Street WQMP, PA 33 Active Adult Development SWPPP Review, Heartland Development Drainage Study, Four Seasons Development Drainage Study, Olivewood Sewer Plans Review, and Any Size RV, Trailer and Boat Storage WQMP.
Drainage & WQMP Plan Reviews
COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT | COUNTY OF RIVERSIDE, CA Project Engineer. Performed reviews of Water Quality Management Plans and Hydrology Reports associated with new development and significant redevelopment projects, and plan check services for private development projects for compliance with the county’s MS4 permits and the Riverside County WQMP for Urban Runoff. Review of P-WQMPs, F-WQMPs, Hydraulic and Hydrology reports, floodplain studies, and grading plans.
Civil & Water Quality Management Plan Check Services
COUNTY OF SAN BERNARDINO |SAN BERNARDINO, CA
Project Engineer. Provided engineering development review services for a variety of projects ranging from single-family development to large, multi-phase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviewed Hydraulic and Hydrologic Analyses, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading, and public improvement plans for conformance with project conditions of approval and compliance with County requirements.
Project Experience
Mr. Grace is a registered Engineer-in-Training with over 24 years of experience specializing in hydrologic and hydraulic engineering for urban drainage facilities, flood control improvements, floodplain studies and water quality compliance documentation.
His work includes preliminary and final engineering design phases, as well as SWPPP and SUSMP documentation. He is skilled in using HEC- RAS, Auto-CAD, WSPG, HECHMS, FlowMaster, CulvertMaster, HY-8, CivilCAD, AES Model, Pond Pack, StormCAD, and SWMM.
EXPERIENCE
24 years
EDUCATION
B.S. Civil Engineering
REGISTRATIONS
Engineer-in-Training (CA)
No. 103177
AVAILABILITY
70%
CONTACT INFO
[email protected] THOMAS GRACE, EIT
Plan Check Engineer
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B14 Plan Check Reviews
CITY OF EL MONTE | EL MONTE, CA
Plan Check Engineer. Mr. Novak is reviewing grading and drainage plans for various land development projects for the City. Our team is contracted with the City of El Monte to provide plan check/review services and staff support to oversee the construction of various CIP projects and wireless communications facilities. Reviews include grading, soils report reviews, sewer, water, and storm drain improvements, hydrology reports, SWPPPs, Low Impact Development, street improvement plans, parcel/tract maps, easements and lot line adjustments.
On-Call Plan Check Services
CITY OF PICO RIVERA | PICO RIVERA, CA
Plan Check Engineer. Mr. Novak provides as-needed review of grading and drainage plans for various development projects for the City. Our team is contracted with the City to provide reviews of subdivision maps, parcel maps, boundary adjustments and legal descriptions for conformance with local and state ordinances and laws; grading plans; street improvement plans; utility improvement plans; stormwater quality management plans; hydrology and hydraulic calculations and reports; engineer’s cost estimate for the related items of work for bonding purposes; engineer’s reports, including stormwater pollution prevention plans; erosion and sediment control plans review.
Beryl Street Drainage and Street Improvements from Prospect Avenue to Flagler Lane Project
CITY OF REDONDO BEACH | REDONDO BEACH, CA
Project Engineer. Mr. Novak is providing engineering design services for the Beryl Street Drainage and Street Improvements project, including the preparation of plans, specifications and estimates. The project includes, but is not limited to, roadway, intersection and drainage improvements, including green street elements; modifications to catch basins; pedestrian crossing enhancements through curb ramp and pedestrian signal upgrades; incorporation of Living Street Design principles, traffic calming elements to enhance safety, mobility, and access for users to accommodate a variety of transportation modes; and signing and striping.
Project Experience
Mr. Novak has more than 25 years of experience in civil, environmental and geotechnical engineering. His expertise includes the conceptual planning, design and preparation of rough to precise grading plans; land use studies and preliminary engineering; street design; and water, sanitary sewer, street and storm drain plans. His projects encompass residential, wastewater and infrastructure, mountain and hillside, golf and resort, and commercial projects. His strengths as a designer/planner are first built on natural landforms development that integrates the environmental, cultural and economic imperatives of the client and community, providing creative and innovative design solutions. Mr. Novak is proficient with AutoCAD C3D, Word and Excel software applications.
EXPERIENCE
25 years
EDUCATION
A.S. Building Technology
LICENSES/CERTIFICATES
Certificate, Master
Planning Communities
AVAILABILITY
80%
CONTACT INFO
[email protected]
STEPHEN NOVAK
Plan Check Engineer
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B15 Public Works Plan Check
PUBLIC WORKS DEPARTMENTS OF THE CITIES OF SANTA ANA, FULLERTON AND CHINO | SANTA
ANA, FULLERTON, CHINO, CA
Project Engineer. Mr. Pham provided plan checks for private developments within the cities. He performed technical review for Water Quality Management Plans and civil engineering plans (precise grading, streets, water/wastewater, erosion control).
Havenhurst Drive and Fountain Avenue Traffic Signal
CITY OF WEST HOLLYWOOD | WEST HOLLYWOOD, CA
Project Engineer. Mr. Pham provided plans and cost estimates for the street rehabilitation of this intersection improvement project. Improvements included new ADA curb ramps, sidewalk, bulb-out (curb extension), and new AC pavement.
Concrete Street Pavement Reconstruction
CITY OF NEWPORT BEACH | NEWPORT BEACH, CA
Project Engineer. Mr. Pham provided plans, specifications and cost estimates for concrete street rehabilitation. Improvements included construction of new concrete pavement and sidewalk and installation of new storm drain pipes and catch basins.
Citywide Curb Ramp Program
CITY OF LONG BEACH | LONG BEACH, CA
Project Engineer. Mr. Pham provided plans for construction of 50 curb ramps in the City. Improvements included new curb ramp construction and reconstruction of asphalt pavement, landscape, signage and striping.
Sewer Main Along Portuguese Bend
CITY OF ROLLING HILLS | ROLLING HILLS, CA
Project Engineer. Mr. Pham is providing engineering design services for the 8-inch Sewer Main along Portuguese Bend Road/Rolling Hills Road. The City evaluated the feasibility of connecting a portion of the City to a nearby existing wastewater conveyance system. Based on the sewer feasibility study, it was recommended to install a new 8-inch sewer main along Portuguese Bend Road and upgrade the existing sewer main along Rolling Hills Road to a 10-inch and 12-inch sewer main prior to connecting to the Los Angeles County Trunk line.
Horizon Drive Sewer
SANTA YNEZ COMMUNITY SERVICES DISTRICT | SANTA YNEZ, CA Project Engineer. Mr. Pham provided plans and cost estimates for the construction of 2,000 LF of gravity sewer. Improvements included construction of new 8-inch sewer main, laterals, asphalt pavement reconstruction, driveways and landscape reinstallation.
Project Experience
Mr. Pham has more than 5 years of experience in engineering design of Public Works projects, including water, wastewater, streets and storm drainage. He is experienced in preparing plans, specifications and estimates for various CIP projects, preparing exhibits to demonstrate design concepts to clients, and performing technical review for WQMP and civil engineering plans for residential and commercial developments. He is skilled in using AutoCAD Civil 3D, Microsoft Office Suite, ArcGIS, MatLab and Bluebeam Revu.
NHUT PHAM, EIT
Plan Check Engineer
EXPERIENCE
5 years
EDUCATION
B.S. Civil Engineering
LICENSES/CERTIFICATES
Engineer-in-Training (CA)
No. 163240
AVAILABILITY
80%
CONTACT INFO
[email protected]
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B16 On-Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT | BEAUMONT, CA
Plan Check Engineer. Mr. Rocco is providing review of as-needed private development projects. Services include subdivision and parcel map review, grading, public and private street and utility improvements, storm drain, sewer, erosion control, geotechnical, hydrology/hydraulic, structural, water quality/NPDES, and landscape reviews.
On-Call Plan Check Services
CITY OF PICO RIVERA | PICO RIVERA, CA
Plan Check Engineer. Our team is contracted with the City to provide reviews of subdivision maps, parcel maps, boundary adjustments and legal descriptions; grading plans; street improvement plans; utility improvement plans; stormwater quality management plans; hydrology and hydraulic calculations and reports; engineer’s cost estimate; engineer’s reports, including stormwater pollution prevention plans; and erosion and sediment control plans review.
Alley Paving Project
CITY OF IMPERIAL BEACH | IMPERIAL BEACH, CA
Senior Designer. Mr. Rocco was responsible for the preparation of plans, specifications and construction estimates of an award-winning “Green Streets” project. It incorporated Low Impact Development techniques and complied with new stormwater regulations. The project paved 13, 20-foot-wide alleys to provide improved access to residences whose homes front the alleyways. The improved alley design called for a ‘V’ shaped cross-section with a 2-foot strip of pervious concrete along the center flowline with filtration material and an underdrain connecting to an existing storm drain system. In instances where no outfall was available, the underdrain was connected to a new dry well structure that provided additional water quality benefits. In addition to providing an all-weather driving surface, drainage improvements, and water quality enhancements, the project repaired deteriorating sewer mains and relocated existing overhead utility poles within the City’s right-of-way.
Citracado Parkway Extension
CITY OF ESCONDIDO | ESCONDIDO, CA
Senior Transportation Designer. Mr. Rocco prepared geometric design, alignment, profile, and grading for a new roadway connection, including a bridge across Escondido Creek. He prepared design for various alternatives, including earthwork analysis, retaining wall layout, sight distance calculations, intersection details, striping plans, quantity calculations, cost estimates, and right-of-way maps. He developed geometric details for a Class I bike path adjacent to Escondido Creek.
Project Experience
Mr. Rocco has more than 22 years of experience working on capital improvement projects in all phases, from concept to construction. He excels in the development of complete plan sets and understands the importance of plan presentation and construction details. He is proficient in Americans with Disabilities Act (ADA) standards and design. He has the technical experience to lead plan development for local roadway geometric layouts, design, grading, retaining walls, signing and striping, and traffic control.
MICHAEL ROCCO
Plan Check Engineer
EXPERIENCE
22 years
EDUCATION
AutoCAD University
NV5 Project Manager
Course
LICENSES/CERTIFICATES
CADD Drafting & Technical
Drawing Certificate
AFFILIATIONS
APWA
AVAILABILITY
80%
CONTACT INFO
[email protected]
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B17 Staff Augmentation
CITY OF SAN JUAN CAPISTRANO | SAN JUAN CAPISTRANO, CA
Plan Check Engineer/Associate Engineer. Mr. Mansour provided Staff Augmentation services for the City’s Utilities Department. His duties included entering and organizing applications for Domestic Water, Fire Water, and Irrigation Meter Applications; providing as-needed plan review services, including grading plans, street improvements, and encroachment permits to ensure that there are no utility conflicts; reviewing the City’s existing sewer and storm drain facilities and prioritizing rehabilitation projects; and assisting on CIP projects. Mr. Mansour also assisted the City with as-needed miscellaneous engineering duties, such as preliminary designs for conversion of septic to public sewer lines, which includes preliminary cost estimates and exhibits. Mr.
Mansour conducted field inspections for proper determination of current and proposed conditions of construction. He also responded to various questions and inquiries from the general public regarding possible utility connections, easements and current utility conditions.
Diversion Pipeline
CITY OF CULVER CITY | CULVER CITY, CA
Project Engineer. Mr. Mansour provided engineering support services for this project, which included the construction of diversion sewer pipes to abandon Mesmer and Overland Sewer Pump Stations. The goal of the project is to divert flows from four of the City’s sewer pump stations to a new sewage pump station, Bankfield Station.
Sewer Main Along Portuguese Bend
CITY OF ROLLING HILLS | ROLLING HILLS, CA
Project Engineer. Mr. Mansour provided engineering support services for the 8-inch Sewer Main along Portuguese Bend Road/Rolling Hills Road. The City evaluated the feasibility of connecting a portion of the City to a nearby existing wastewater conveyance system. Based on the sewer feasibility study, it was recommended to install a new 8-inch sewer main along Portuguese Bend Road and upgrade the existing sewer main along Rolling Hills Road to a 10-inch and 12-inch sewer main prior to connecting to the Los Angeles County Trunk line. Services include a CEQA process overview; utility research; preparation of plans; and construction support services.
Project Experience
Mr. Mansour has over four years of land development and civil engineering experience, including water and sewer improvements, street improvements, retaining wall, grading and utility projects. He is proficient with AutoCAD C3D, ArcGIS, MATLAB, Bluebeam Revu and Microsoft Word and Excel software applications.
EXPERIENCE
4 years
EDUCATION
B.S. Civil Engineering
LICENSES/CERTIFICATES
Engineer-in-Training (CA)
No. 166032
AVAILABILITY
60%
CONTACT INFO
[email protected] AMIR MANSOUR, EIT
Plan Check Engineer
RESUMES
City of Seal Beach — On-Call Professional Engineering Plan Check Services NV5 | B18
EXHIBIT B
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
Agenda Item H
AGENDA STAFF REPORT
DATE: July 25, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Approve Utility Agreement UK104291 with Orange County Transportation Authority in Relation to the I-405
Improvement Project for Water Line Relocation, CIP
WT2207
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7315:
1. Approving Utility Agreement No. UK104291 between the City of Seal Beach and Orange County Transportation Authority (OCTA) for the relocation of City waterlines across the Montecito Storm Drain Channel in connection with the I-405 Freeway Improvement Project in the not-to-exceed amount of $219,515;
2. Authorizing and directing the City Manager to execute the agreement;
3. Approving Budget Amendment BA #23-01-02 in the amount of $250,000; and,
4. Appropriating $250,000 to project WT2207.
BACKGROUND AND ANALYSIS:
The I-405 Improvement Project is an ongoing Orange County Transportation Authority (OCTA) effort to provide one additional general-purpose lane and two toll lanes in each direction between the Orange County limits within the City of Seal Beach and the City of Costa Mesa.
As part of the I-405 Improvement Project, conflicting utility facilities will need to either be relocated or rebuilt to accommodate the new freeway alignment. As the Montecito Storm Drain Channel will be widened, the City’s two (2) existing 8-inch water lines that cross under the channel that serves the College Park West neighborhood will need to be relocated.