2019/11/20 CG Resource Management and Engineering FY19/20 OnCall Engineering Services (Stormwater) RecoverableCITY OF MENIFEE
PROFESSIONAL SERVICES ACREEMENT
Fy20t9t20 oN-cALL ENGTNEERTNG SERVTCES (STORMWATER)
(RECOVERABLE)
THIS PROFE$SIONAL SERVICES AGREEMENT ("Agreement") is made and effective
this Totlday of fuhll,2019 ("Effective Date") by and between the CITY OF MENIFEE, a
Califomia municipal corporation, ("City")and CG RESOURCE MANAGEMENT &
SECTION I. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope ofServices, attached hereto as Exhibit A and incorporated
herein by this reference (the "Services"). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Sewices. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.2 Standard of Performance. Consultant re presents and warrants that Consultant is a
provider offirst class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
ENGINEERING, a Califomia Corporation ("Consultant"). City and Consultant may sometimes
herein be referred to individually as a "Party" and collectively as the "Parties."
l.l Term of Services. The term olthis Agreement shall begin on November 20,2019
and shall end on June 30, 2020 unless the term of this Agteement is otherwise terminated or
extended as provided for in Section 8. The time provided to Consultant to complete the Services
required by this Agreement shall not affect City's right to terminate this Agreement, as provided
for in Section 8.
1.3 Assisnment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment ofany such persons, Consultant
shall, immediately upon receiving notice from City ofsuch desire of City, reassign such person or
persons.
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1.5 Authorization to Perform Serviccs Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt ol
authorization from the Contract Administrator.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed THIRTy EIGHT THOUSAND
DOLLARS AND ZERO CENTS ($38,000.00) not withstanding any contrary indications that
may be contained in Consultant's proposal, for the Services to be performed and reimbursable
costs incurred under this Agreement. In the event ofa conflict between this Agreement and Exhibit
A, regarding the amount of compensation, this Ageement shall prevail. city shall pay consultant
for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for the Services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized in advance by City, Consultant shatl not bitl
City for duplicate services performed by more than one person.
2.1 lnvoices. consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incuned prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., progress Bill No. I for the first
invoice, etc.;
b. The beginning and ending dates ofthe billing period;
c. A "Task Summary" containing the original contract amount, thc amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City's option, for each item in each task, a copy ofthe applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
Receipts for expenses to be reimbursedl
The Consultant Representative's si gnature.
lnvoiccs shall be submittcd to
City of Menifee
Attn: Accounts Payable
f.
2-
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29844 Haun Road
Menifee. CA 92586
2.3 Final Pavrnent. City shall pay the last ten percent (10%) ofthe total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all ofthe Services required have been satisfactorily perflormed.
2.4 Total Payment. Cit y shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission ofsuch an invoice.
2.5 Hourly Fees. Fees for the Services perlormed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 ReimbursableExpenses Reimbursable expenses are included within the maximum
amount of this Agrccment
2.7 Paymcnt of Taxes. Consultant is solel y responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that Cit y or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incuned for Services satisfactorily completed and for reimbursable
expenses as olthe date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of fumishing those facilities shall be in the sole discretion of City. In no event shall City be
required to fumish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
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2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt ofan invoice that complies with all ofthe requirements
above to pay Consultant.
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SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
lnsurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant's compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers'Compensation . Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability lnsurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions ofthc Califomia
Labor code. Statutory workers' compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ON E M ILLION DOLLARS ($ I ,000,000.00) disease per employee, and ONE M ILLION
DOLLARS ($1,000,000.00) disease per policy. In the altemative, consultanr may rely on a self-
insurance program to meet those requirements, but only ilthe progmm of self-insurance complies
fully with the provisions olthe Califomia Labor Code. Determination of whether a sclf-insurance
program meets the standards of the Califomia Labor Code shall be sotely in the discretion of the
contract Administrator. The insurer, ifinsurance is provided, or consultant, ifa program ofself-
insurance is provided, shall waive alt rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial neral and Automobile Lia bilitv Insurance.
Ceneral re quiremcnts . Consultant, at its own cost and expense, shallil
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than oNE MILLIoN DoLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWo
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DoLLARS ($2,000,000.00) products/completed operations aggregate. If a Commcrcial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shatl apply separately to the Services to
be performed under this Agreement or the general ag$egate limit shall be at least twice the
required occurence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use ofhired, owned, and non-owned automobiles.
b. Minimum sco e ofcoverage . Commercial general coverage shall be at least
as broad as lnsurance Services Office Commercial Ceneral Liability occurrence form CC 0001.
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Automobilc coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2,8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional reouirements. Each of thc lollowing shall be includcd in the
insurance coverage or added as a certified cndorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 ProfessionalLiabilitylnsurance.
General requiremcnts. Consultant , at its own cost and expense, shalla
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($ I,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The followi ng provisions shall apply if the
professional liability coverage is written on a claims-made fbrm:
a. The retroactive date of the policy must be shown and must be no
Iater than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. [f coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion ofthe Services. Such continuation coverage may be provided by
one of the following: (l) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall havc the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions ofthe policy, if Consultant cancels or does not renew the coverage.
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d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a Acceptabilit y of insurers . All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:VII and admitted in Califomia
b. Verification of coverage Prior to beginning the Services undcr this
Agreement, Consultant shall fumish City with Certificates of Insurance, additional insured
endorsement or policy language gmnting additional insured status complete certified copies ofall
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf The Certificate of Insurance must include the following reference:
FY2019t20 ON-CALL ENGTNEERTNG SERVTCES (STORMWATER)
(RECOVERABLE). The name and address for Additional Insured endorsements, Certificates of
lnsurance and Notice ofcancellation is: city of Menifee, 29844 Haun Road, Menifee, cA 92586.
City must be endorsed as an additional insured for liability arising out ofongoing and completed
operations by or on behalf of Consultant.
Notice of Reduction in or Cancellation of Coveraqe. Consultant shallc
provide written notice to city within ten (10) working days if: (1) any ofthe required insurance
policies is terminated; (2) the limits ofany ofthe required polices are reduced; or (3) the deductible
or self-insured retention is increased.
d. Additional insured: primar), insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of consultant,
including the insured's general supervision of Consultanti products and completed operations of
consultant, as applicable; premises owned, occupied, or used by consultant; and automobiles
owned, lcased, or used by consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope ofprotection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one ( I ) year after the expiration or termination ofthis Agreement or completion ofthe Services.
A certified endorsement must be attached to att policies stating that coverage is
primary insurance with respect to city and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
Ds ductibles and Self-in sured Rctcntions. Consultant shall obtain the
written approval ofCity for the selfl-insured retentions and deductibles before beginning any ofthe
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
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retention levels with a requirement that Consultant procure a bond guaranteeing payment ollosses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each olthem.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall fumish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
Variation. The Contract Administrator ma y, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms ofsuch insurance are either not commercially available, or that
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are altematives to other remedies City may have and are not the exclusive remedy
for Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereofl and/or
Terminate this A$eement.
c
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SECTION 5. INDEMNIFICATION.
5. I Indemn ional Liabilit Where the law establishes aP
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and alI claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties ofany kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any j udgment (collectively,
"Claims") to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance ofprofessional
services under this Agreement.
5.2 Indemnification lor Other than Professional Liability. Other than in the
performance ol professional services and to the full extcnt permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
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all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the perforrnance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limitcd to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification for Desisn Professionals. Notwithstandin g any
provision of this Section 5 to the contrary, design professionals are required to delend and
indemnify City only to the extent permitted by Civil Code Section 2782.8. The term "design
professional" as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business entities
that offer such services in accordance with the applicable provisions of the Califomia Business
and Professions Code.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, cmployees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6. I Independent Contractor. Atalltimesdurin g the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assigrment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shalt not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing scrvices under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employnent by
City, inctuding but not limited to eligibility to enroll 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 and./or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Goveminq Law. The laws of the State of California shall govern this Agreement.
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7 .2 Compliance with Apolicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and lederal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director oflndustrial Relations ofthe State
of California, will be the minimum paid to all laborers, including Consultant's employee and
subcontractors. [t is understood that it is the responsibility ofConsultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the Califomia Department of
lndustrial Relations C'DIR') pursuant to California Public Utilities Code, Sections 465,466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attomeys' fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services ofany applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of,Section
I 78 I of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks ofpayment or non-payment ofprevailing wages
under Califomia law and/or the implementation of Labor Code Section I 781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7 .3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses lrom City.
SECTION E. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days'
written notice to City.
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8.3 Conseouences of Termination.In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; city, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to consultant or prepared by or for Consultant or city in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided lor herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obtigation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5
all the Parties
Amendments. The Parties ma y amend this Agreemcnt only by a writing sig,ned by
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in
Exhibit A; and./or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that city
would have paid Consultant pursuant to Section 2 if consultant had completed the
Services.
8.6 Assisnment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of consultant's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant
shall notify City immediately.
8-7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agrecment.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any ofthe
terms of this Agreement, city's remedies shall includc, but not be limited to, any or all of the
following:
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SECTION 9. KEEPINC AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. lt is understood and agreed that the documents and other
materials, including but not Iimited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
ofboth Parties unless required by law.
9.2 Licensins of lntellectual Property. This A greement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement ("Documents and
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual Iicense for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
9.3 Consultant's Books and Records. Consultant shall maintain an y and all ledgers,
books ofaccount, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date offinal payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Rccords. An y records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under Califomia Govemment Code Section 8546.7, if the amount ofpublic funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($,l0,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request ol City or as part of any
audit of City, for a period ofthree (3) years after final payment under this Agreement.
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SECTION IO.MISCELLANEOUS PROVISIONS,
10. I Attomeys' Fees. If either Part y to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision ofthis Agreement, the prevailing
Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attomeys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct ofthe
litigation. The court may set such lees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law: Venue. The intemal laws of the State of Califomia shall govem
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severabilitv. If an y provision of this Agreement is held invalid, the remainder ol
this A$eement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headinss and Subheadines The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver ofany other breach ofthat term or any other term of
this Agreement.
10.6 Successors andAssigns. The provisions ofthis Agreement shall inure tothe benefit
ofand shall apply to and bind the successors and assigns ofthe Parties.
10.7 Consultant ReDresentative. All matters under thi s Agreement shall be handled for
Consultant by Cynthia Gabaldon ("Consultant's Representative"). The Consultant's
Representative shalI have full authority to represent and act on behalfofConsultant for all purposes
under this Agreement. The Consultant's Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Haile Ford, Sr. Civil Engineer ("Contract Administrator"). All correspondence shall
be directed to or through the Contract Administrator or his designee. The Contract Administrator
shall have the power to act on behall of City for all purposes under this Agreement. Unless
otherwise provided in this Agreement, Consultant shall not accept direction or orders from any
person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
2671/0t 1858,0001
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CG RESOURCE MANAGEMENT & ENGINEERING
Attn: Cynthia Gabaldon
2l 05 Foothill Blvd Suite B- l 35
La Veme, CA 91750
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Haile Ford, Sr. Civil Engineer
with a copy to
City Clerk
City of Menifee
29844 Haun Road
Menifee. CA 92586
10.10 Professional Seal Where applicable in the determination of the Contract
Administrator, the first page ofa technical report, first page ofdesign specifications, and each page
ol construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the reporVdesign preparation. The stamp/seal shall be in a block entitled "Seal and
Signature of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/desi gn responsibility.
l0.ll Riehts and Remedies. Exc ept with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies ofthe Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, ofany other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated ageement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason ofthe authorship of
this Agreement or any other rule of construction which might otherwise apply.
10. 13 Countemarts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all olwhich together shall constitute one agreement.
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10.14 Execution ofContract. The persons executing this Agrecment on behalfofeach of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and dcliver this Ageement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Ageement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10. I 5 Nondiscrimination. Consultant covenants that, by and for itsell its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance ofthis Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third P With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall havc any rights or obligations hereunder.
l0.l 7 Nonliability of Citv Officers and Emplovees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event ofany default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach ofany obligation of the terms ofthis Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award ofthis Agreement or any work to be conducted as a result
of this Agreement.
10. l9 No Benefit to Ari II lo s. No member , officcr, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during hisiher tenure or for one ( I ) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
ISignatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE CONSULTANT
,4-rz*
Bill Zimmerman, MaYor
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
[Corporation must have two signatures]
Jeffrey T. Melching, City Attorney
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i
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as ofthe Effective Date.
CITY OF MENIFEE CONSULTANT
'v'A
Bitt Zimm4n/nd$iyo,
S A. Manwaring, City Clerk
to Form:
Je elching,C mey
ICorporation must have two signatures]
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7^/,
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the following services:
Comprehensive Stormwater Plan Check and Review Services as requested by City of
Menifee Public Works/Engineering staff, including but not limited to:
lnspections, documenUplan review, representation at technical meetings, and other storm
water consultation services for the City of Menifee
ln the not to exceed amount of THIRTY EIGHT THOUSAND DOLLARS AND ZERO
cENTS ($38,000.00)
a
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CG Rerource Mrnrgemenr
,rnd Engineering
July 2. 2019 (rcvised October 11. 2019)
Ms. Yolanda iracalalad
Public Wo s
City of t/ten ee
29714 Haun Road
Menifee. CA 92586
RE: Re+€stfor Proposal fo( Or-Call t{PDEs Program Services
Oear Ms. Macalalad:
CG Resource Managemcnt and Engineering lnc. (CGRME) is pleascd to submitttis proposal in response to lhe vedal
rcquest by City of Menifee (City). Our cxperien.e in stomwater conpliance, pemitting, watcr resources, CEQA
do.urnent pr.paraiion, gqneral eflgineering. and program and project lrEnagemert will proyide he City $e suppod for
your on-call serYices needs.
Ms. Gabaldon brings unique qualificatrons to the City which are unparalleled in the industry. Experience in both pdvate
and mu[icipal implemenhtion and management allows for a unique perspective to task implementation:
L(te ti,/e Watetshed [ \pererce When nEnaging slorm vrater regulatory programs, it is important to have
local expcience. Ms. Gabaldon has provided scryic?s in he rlgion for ovcr 20 years. Ihrough her
experieme, Cyflthia has dcvelopcd an undcrslanding for lhc ratcr quality r.gulatory compliance issles
paiicularto hc Santa Ana Rcgional Wate. Quality Control Board and also has awcllroundcd understanding of
local engincering critcria.
Lxpe et[e{l LLyal leatn itu Se,rtL ted P[oJ&:t llkn,rget Ms. Gabaldon is cxpcricnced and wcll respected
in the rvater quality rcgulatory coflpliance. CEQA aod gencral engineering indushy. UIth over 28 years
experienc6, and known to be a hands-on project nEnager and technical leader, [&. Gabaldon vJill provide for
both fleibility and strong dircclion.
tuachcal KDowleclge Ore of thc key dirtinct advantagrs ol CGfili.C is tEt Ms. Gabaldon has botr
constuclion and *at.r quality expedence allowing for herto provid. proactive and praclical reconmcndations.
$r? also has extcnsive prescntalion and lraining exp.ricnc? wfiich provides for addi[onal experience when
explaining rcgulatory dctails and concepls alrke.
CGRi/E will implemer{ our personal comritrnent to provide exceptional quality of seNice lo suc.essfully delrver he
projects assigned Reco$izing you have many choic?s and we look fo ard to the opportunity to padner wih your stafl
to delMer outstanding program management and guidance that willexceed y0ur expettations.
9rould you have any questions, please do not hesitate to contact Ms. C)nthia Gabaldon at (909) 45S8520
Sncerely,
/",A-, 4"/'1/'^)
Cyifl{a Gabaldon. FE. CPSI/o. CPESC. OSD/P. OISP IGPICGP IoR
ftesrdent
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CC Rerource Managenrent
Jnd Engine€ring
STATEMB{T oF U[DERsrAtiD G
CG Resorce ilanagement and Endneering (CGRilO respecfufly submits this ftoposat .esponding to a vcrbal
requ€st lor a proposal to he city of Menifee, lor lfDES Program professional seryims The vedal request was made
by Ms. Yolanda Macalalad and Mr. Fbile Ford on June 24. 2019.
This Proposal afld Schedule of Fees and Chatges shall be used for monthly invoicing of progress pay[€ s and for
costing additionalworl that. if requested, is performed beyond the S.ope of Services described in this proposal.
CoIiPAt{Y PRoFILEA D ExPmIE cE
CGRiC f,as founded in 2013 by Clnthia Gabatdon. PE as a singteowncr. S Corporation. lhe company.s focus is to
provrdc cnvironrEntal consulling and rclatcd engineering services. Ms- Gabaldon has vro ed in hc lnland Elpirc tor
orer 24 years and has a horough understanding oflocaljurisdictional ne?ds. qnthia is recognizedfor providing expe(
bmcly and cost-etrective planni[g, environrnental !cience. engineeing, design, consbuclion ,nd program manigenrnl
services Located in La Veme, California. acce$s to meet ng locations. client oficcs afld other enlitjes is not an isaue.
Company address: 2529 Anherst S.
l"a Veme, Calilornia 91750
909-455-8520
[railing address 2105 FoothillBoulevard Ste 8135
La Veme. Califomia 91750
Federal Tar lD,16-3522822
Ce ificates of lnsu ran.c fo r ProFessional Liability and Erors and Olris sions ca n be povided o n request
cGRiiE brings rnany years of lo ca I enviro nmental and engineering expeience to the oly. Ms. Gabaldon s experienre
suppo(ing both municipalilies and industial facitites in comptying nith cEeA storfi ater regulations, d;cument
preparation. insprctions. construclion 8nd prolect managenEnl and program developrnent allows for her to be
padicularly wellsuited for assisting the city in its NPDES program i[plefiEntation ol vadous envrronmental and
engineering tasks specifically water quality analysis and program implementation and storm drain management A
primary goal is to develop searless relationships with he city s1afi so that program development and wo production
will a ppcar effort.ss
cyrthia has been providing consultng seryiccs to numcrous public agencics and private indushes for over 2g years.
$ecfic to the city. she has bccn providing IfOES and PrograrvProjcct liknagenrnt assistance for similar
jurisdictions for approximately 17 yea6. $re atso has wo*ed for an tntaad Enpire city slaffng he rpffs seclion. The
scope ofseryiccs that Ms. Gabaldon can provide includes, but is not limited to, the following
. NPDES Program Development and Pemtt Compliance. lnspections: WOi,P Post-Construction and stom drain. Public lnforrnation and Outreach Programs. CEOA Document preparation: C.otechnical and Hydrology WaterOuality Sections. Environ rne ntal Pemittin g Assistance i Section 4{4,401. County spccilic envtroflrnentalpemits. Program and Project Management WOMP Revtews, NPOES Compliance. S.lorm Drain Managemcnt
Management mehods include:
. lmplementing established project tracking procedures. Comunicatlon with the City staf. Repoding and rccordkeeping. Notification of City stafiof regionaUstateviide regutalion changes. Task appropnate proJect oversight and nEnagement
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ScoPE OF SmucES
l) WqlrP Reviews
Elased on a discussion wilh City stalf it is undeBtood thal cl?cionic copics of$c WOirP submittals rvill be provided to
h? consultlm Thc revicrs will nccd to bc coftpletcd using rbcfonic plan ctrcck sollware similar to Blue Beam or
anothcr mchod s0 hatpdfcdits can bc provided-
Plan checks are reviewed based on an agreed Forrnat and approach with City stafi Discussion will include approved
BMPS, City-specific requirements and common conditions of approval. These details will be agreedon before an initial
5ubmittalreview.
CGRi/E s approach to WOMP r.views slarts mth a fte-Subfiittal l.ter This letter is pmjcct sp.cifc but is based on a
tefiplate lettr. ftis Pre-Subnital leUer is provided to h? project proponenuenginccr bdorc the filst PVT,QMP and
FWOMP are submded. The Presrbmital letter pmvides a secton-by-sectaon desciptjon of what fie Oty will rcquire
for lh? WOMP. This letlcr pmvidcs hc basis for t1e applicants submitaland is he sta,ting point for the plan check.
Wih each submittal. the items on 6e review letter should rcducc.
Typical turn-around time for reviews is two weeks for both PWOtp and FWQIIIP reviews
TasI 'l - Preliminary WQMP Assessnent
1.1 Prclidnarv WOiiP IP-WOMH Asscssmert of Proicct and Proorams
lhe firsl phase ofUle wo s hall coosist 0f a c ompiete a ssessment of he deman ds 0f he projcct bascd upon meetinqs
yrith city stafrand revier ot appropiate plans and documents.
1.2 Preliminarv Water Ouality Manaoement Plan Revicw
The Consultant shall completcly and accurately review all nanalives, supponing studies, maps. exhibits, documents and
specfications submited in conjuncton wih thq P-WQi/P document The Consultant shall providc complete, accurate
and limely *ritten comrnents, as well as 'redlined" drawings of submi[cd plans and supporting documents hat are found
to be unacceptable or incomplct?.
lf requesled, Consultant shall prepare a conpletr. a.curate and timely written set of planning Conditions of Approval,
utrlizing the City s standardized tormal, des.ribing thc specific requircments necessary for approval oF any site-specific
P.WoMP found to be acceptable to the Oty The Consultant shall provide a$sistance to the City, and proiect applicant
as it relates to all comrnents. redlines and/or conditions of app roval prcp are d by Consultant.
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lncluded in his Section is a list ofpossible service scopes vihich could be assigned to CGRi,E
1 3 P-WOirP General Scrviccs and Rcouirements and R.soonsibilites
. Conslhant shall prepare and [Einlain a Sch.dule of Perfomance' to includ. realistic pedods for infial
revlews. finaldesign r.view. and submittalof condfions of approval
. Consultant shall submit invoices to he City at 1000,6 percent completon ofthe project Each anvoice will be
itemized and show tasked p.formed, and the pcrcentage of completion lump sum payment due.
,
A
CG Resour<e Management
.ind Engineering
Consultant shall be available to answer questions regarding the project scope, docurnents. mlestones. plans,
spe.fications, etc through vaoous rnethods including rneetings telephone calls, e-mails. andlor witten
corespondence
Task 2 - Fiml WQiP Assessrn€rts
2 1 Frnal WOMP Asse!sment of Protect and Proorams
Thc first phase of$e wo shallconsist ofa complete asscssmenl ofhe demands ofhe projccl based upon flEetings
tiith city stafi a[d review ot appropriate plans 8nd documents. Consultant seryices shall include but aot be limited to the
lollowing items:
. Consultart shall analfzc regional and local plans and documents deemed pedinent to the revierv of the
proposed F-WQMP including the Santa Ana Rtver Basin Plan, TMDL for Canyon lake and Lake Elsinore,
Riverside County Water Ouality Managemeat Ftan for Urban Run-Ofi. and Board Ord€r R8,20j0-0033 NPDES
Pemit # CAS61E033, and olher docurnents as deemcd appropdate. Aly changcs since p-WOMp approval
shallbe docu.nented.
2.2 Final Water Quality ihnaoement Plan Review
The Consultant shall completely and accurately review allnaratives, suppodaflg sludies, map!, exhibfts, documents and
specdi.ations subnitted in conjunction with the F-WOMP document. Fhe Consultant shall provide a redlined set of plans
and corresponding .onection li$t, in tie eventthat the F-WQMP is found to be una(ceptable.
2 3 F-WOi P R.d-Ltne Ha n Comments and/o r Condrti ons of Aporoval
Thc Consultant shall provide corylete, accurate and timely written corments. as wcll as .rcdlined" dratvings of
submited plans and suppodng documents hat are found to be unacceptable orincompletc. Consunant s hall prepare a
complete, accurate and tmely wri[en set of Conditons of Approval, utilizing fie City's slandardbcd format descabing
he speciflc requirements n.cessary for approval of ary site-spccific WQMP found to be acccptable to he City. The
Consultant shall provid. assistance to the City. and project applicant as it relates to all coments, redlines and/or
conditions of approval p rep ared by Consult"nt.
2.4 FinalWOMP ADDrovsls and C{nd*ions ofAooroval
COA| can be protided il rcque.led by the City. When a projcct spccific WOMP is approved. if requested by he City.
COAs and an inlemal approval memo will be prepared_ Tlte COA5 can be provided to tte applicant for signature and
scanning onto he WOMP Plan COA page This page is lhen retumed to tie Gty for inclusion into the final docu[Ent
The intemal approval lelter is provided lo boh City &rilding and Safety and Engineering. This task typica y completes
theWoirP approvalprocess. This process can be eilher handled on-site orvia ernail.
2.5 Proiect Specific WOMP Related Administrattve Follow up
When a project rnoves forward into construction therc are I,VOMP related tasts hat need to be collpleted]
Coordination *ih he Planners at he tirne olbe Final li,kp approvalthat CCERS arc conplete, approv?d and
provided.
Remind he o*ner/builder that all elements of hc WQ[,P murt be ilrplemented and approved before proicct
willrcceive alearancc.
,]
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ind Engineering
3.0 Final WOMP General SeMces and Requirements and Res9onsibd tes
Consultant seryices forthis phase olwork. shall include but not be limited to, $e follorving (ems:
. Consultant shall prepare and nEintain a Schedule of Performance' to include realrstic periods for initial
reviews. final design review, and submittalof c0nditioos of approval.
Consultant shall be available to ans-wer queslions regarding Ute prclect scopc. documerts. nil?ston?s. plans,
specficafions, etc. trrough various rrcthods including meetjngs, telephone calls, e-mails, and/or Yritten
c0respondenae.
Other Services: Wqlt? Training - ln-llouse Slaff
CGRIG Safi can also pmvide WOMP Conshlction lnspection hainiflg to he Menifee slafi. ltis recomntndcd to have
bree insplction visits to a site including:
. A beginning of Project within first fcw rveeks ofconsbuction: lntroductions and WOtP rcview
. Md Constuction lnspcction: review of oftgoing construction. Usually bascd on oftgoing discussions with
conbactor. Also discuss probable flnalinspcction and remaining steps.
. Final lnspectionr Confim all h. BMPS have beeo installcd. Work on final paperuorl wih con[actor and
owncr.
. Provide Project acceptance documentation
Due to h. distanrc and, typically, lart rdnute calls for inspeclions, CC+lME reconmends taining iDhouse City stafi for
this requiremcnt
l) Amual WQli,? ln+ectins
As is required in he MS4Perrit, construcled wQMP sites, need to have inspectons on a scheduled basis. At his time,
a sitc needs an 'annual' inspccton once cvery threc years. A log will be prepared and thr inspcctions completed will
be included.
Fees are on an hour, basis deplndent on the number of sites inspected. Efiorts are made to mininize expenses for
thistask(combinein oneday, sequence the locations etc). Afour-hour minimum irould be required. Traveltime would
be charqed for travel between the inspection sites
Depending onthe scheduling rcquirerrEnts. a suEco[sultant may bc used for lhis scope: either Cy hia Gabaldon or
Migueltucntc could be assigncd to fiistasl.
2) ComflErcialilndustrial lnspeciiorE
The key to compliance with his I'PDES Pefirt requirement is organization and efiici.nt stafi. CGRi/E has access to a
team who are Oualfied lnduslrial SWPPP Practitionec (OISR). Ihe approach to lhc inspections would require a
meeting $h the City, review ofbe available inventory and then analysis of he pdorities.
A subcontractot Lynn irenilland Associates. will need to be used for lhis scope ofwork Thc Menillteam completes the
task on a fulltime schedule, meaning thal the inspections are scheduled in fie most efficielt manner as possible. The
Srbcontractor description and res0mes are included as an attachment to this proposal This team has completed
\
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CG Rerource ManlSement
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tltousands ol indusbaucomflrrcial inspections. As a result rve have learned to prcsent oucetvcs to $c business
owners as leaching inspectors-. Ourgoali$to gain co[pliance. notto penalize.
The team ha5 inspection options conceming documentalion. Elect onic inspection.apturc is available paper
inspections can also be donc if he city does not havc lhe capability to utilize he elechonac inspections. we highly
recommend bundled inspcctions, firaning planning rultiple insp?clions h one area. This isthe rnost €frcieflt method.
3) Reginal ilPDES l,hetiq REres€ntation
CGRI\E .an represe0t the City at Regional TWDES nEetings, pdmarily he Regionat T[Dt meetings. These meetings
are typically once a month in either Lake Elsinore or Riverside. cyn$ia can provide a post meeting surmary of the
actions and will notiry O'ty staff 0f specfic needs or requtred lasks as pan ofhe TM0- implcmcr{ation.
4) Arsishrre with Permittee eetirEs
Assist in'house stafi with attendance at the Permt required Pemittee rneetings located at Riverside County Flood
contrcl oistdct. This scope is expected to include providing support to understanding meetjng discussions and
rcvrerving rEeting notes cynhia rvill disc0ss atendance needs with the assigned stafi and review he mretng notes
taken.
5) Anrual Repod Assishnce
A,s part ofhe MS4 Pernit requirements an AnnualReport submittalas rcquired each ycar. CGR[,f can provide stafing
assistance conceming sbeamlining the annual report process. This would include revieyving city progmm procedures
and providing spreadsheets and documentalioo mclhods to be used throughout he year. Arnual Repoding analysis
and documentation usually occurs Argu{ hrough s€ptember of.ach year. curenty he city submits dala using he
Riverside County NPDES ftogram template lt is probable that y{ith the next revised MS4 Penrit the annual reporling
will be submitted or}line. The time spent on thc Annuat Report ir depcndent on cdy documentation lfthe city is
organized and wellprepared, the River.ide county I$DES prog€m forms $Dically requir. i6 lo 24 hours to prepare. lf
there is research or document preparation required. that bme would be dependent on he scope. ib. Gabaldon would
be he stafforthis task.
6) AddtonalTasks
A range of additional tasks may be included in the fulure. These may include stafitraining, assisting with tasl delegation
to existing qty stafi, review and developrnent ol oty Local lrplernentation pan (Llp), review of quality assessmenl and
conbol proccdures. and trackrng needs Development of he specfic tasks nill be on an aerequested basis No
specifics are included in his proposal.
It is recommended that a schedule be prcpared to review the City s LlP, cunent processes and listen to ideas to make
the LIP and the implementation more streamlined and userfriendly. Aschedule can be preparcd to reviewthe sections
of he l-lP. possibly on a ftbnthly basis, so that the wo*load is not overwhelming for city staff This will provide tte
cunenl IQDES stafi an opgoduntty to undcrstand and fine-tune he City-specifc program.
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!.d Engineering
Prqed Sclpfile
When tasks are assigned, execution wll be complcted at a 'fulltirne capacity. Tast specifrc schedules will be
dascussed on a case- by-case basis At that time aoy cladfications and concems will bc presentcd and schedule
adjustnents agreed upon.
MiguelPuente is availablcfor specific inspcction tasksi his rchedule allolvs forFriday and Saturday field wo
FEEs
CGRiE has bascd helrfces on previous cxpcrience. Tnical annual fe. s for$eWQMPscopc of wod( has hisloically
been approxiryEtcly 320.000 peryear This totalis a tunction ofhe numbcr ofhc WQiips rcvicwcd. Totalinspcction
fees are a tunction ofhe nurber oflocations visited. Depending on the nceds of$e City and thr total scope of sgrvices
rcquc$tcd, additionalfees may be necessrry.
Pe{smml Charges
Ihc cha.gc for allo0-calland specialprojccts rcquiEd in thc peformancc of ttc Scope 0f ScNicc, including oficc, feld
and travcl time, will b. apprcximately at the Lhit Pdce Houdy ratcs set fodh bclow for the labor claslifications indicated
bclolY
La bor Class,Rcation Hourty Rate
Scnior Project Engincer/l,hnager $135
$alT ScientisUEnginecr t105
Scnior lnspector $90
Strfi lnspector $85
Travel lime and mlcag? will be charged for rncetngs and dcliveries. Thcsc rates are to be uscd for assignments.
analysis and deluerablcs othcrhan heWQIP plan checls andllte industriaucomr]ercialinspcctions.
Veticle and Mileage
the mileage charge for persona! autos viill be the th.n cur.?ot nileage mte cstablished by tie lntemal Revenue Seruice
(which is $.58 permile in 2019).
7
267 I /01 I 8J8,000 r
7610:t76.2 a00/00r00 -9-
a\.
C6 Resource Manlgenrent
.rnd Engineednt
lndJstial lnspectbns
lndustrialand Comntercial lnspe.tions nill be charged on a fixed cost per lacility. This includes afollowup inspectaon
whcn naaessary
NPOES Pnonty Pnce Per Facrlity
lndustnal.
Restauranls
Commercial and Low - 1 inspection $ 97.50
Medium- I inspectio0, 1 re-inspection $227.50
High - 1 inspection. l re,ins0ection $227 50
Follorv-up and re-inspcctions are includ.d in he pdces. Mileage and havelis alsoincluded inthe fued cost.
WQI,P Ptan checks
WOMP plan checks fees are based on the project acrsage and type of proJect. This scope of work is billed on a lump
$um basis.
Prelirinary WOMPS . $2,200.00
lfthere is an ved PWQI,IP fees are
lfthere is not an approvalPWOMP, the FWOMPyrill be
FinalWOMPs Commercial lndudrial Residential
Basrc 5 1S 32m
Standard 23 18 50 4 000
Complex >23 1 > 18.'l >50 1 5.060
acres
WOMP projects ryill bc billcd upon acccptance of the review or rfien it is tnovrn tle projecl has been pulled from
processing by$e applicant.
Subcontractors and Reimbursables
The cost of services subconhacled by CGRME to ofiers and olher costs incuned by CGRME. for oher than industdal
inspectons orWOi/p plan checks, will be charged at cost plus 5% This includes reproducton and graphic .ost!. lt is
also understood bat any subcontractors used by CGRME villl be veted by City before deemcd qualified to provid.
seNices
Ma -up is includcd into frc industisucommcrcial inspections fixcd fce pricc.
lh6lees:hrrdtcorare@nfd. Dlb|]srcss nId.1alm ,l! B nol rri.ndod lo b. cog.d or prp,)ie othorth, tp 6e I nBded F lhs codret d t oo6ar
Commercial lndustflal Residential
Basic I 5 19 32m
Standard 73 18 50 4.000
Complex >231 >181 >50.1 40m
acres
2671/01t858-0001
76:10176.2 a00/00/00 - 10-
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