2020/07/01 CG Resource Management and Engineering FY2020/21 On-Call Engineering ServicesDocuSign Envelope lD A27 1 7 CF 3- A7 97 4F A0-8EE2-3C06DDBED7EE
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FY2020l2l ON-CALL ENGTNEERTNG SERVTCES (STORMWATER)
(RECOvERABLE)
GREEMENT ('Agreement") is made and effective
ate") by and between the CITY OF MENIFEE, a
and CG RESOURCE MANAGEMENT &
ENGINER,RINC , a Califomia Corporation ("Consultant"). City and Consultant may sometimes
herein be referred to individually as a "Party" and collectively as the "Parties."
ST]CTION I. ST]RVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, 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
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
I .2 Stan ard of ance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in perlorming 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 ol 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.
1.3 Assignment of Personnel. Consultant shall assign only competent pcrsonncl to
perform the Services pursuant to Agreement. ln 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.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant 10 this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
THIS PROFESSIONAL SERVICES Athis J day of Julv . 2020 ("Effective D
Calilorn ia municipal 'corporation. 1"City")
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l.l Term of Services. The term of this Agreement shall begin on July l, 2020 and
shall end on June 30,2021 unless the term of this Agreement 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.
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I .5 Authorization to Perform Services. 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 FIVE THOUSAND
DOLLARS AND ZERO CENTS ($35,000.00) 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 conf] ict between this Agreement and Exhibit
A, regarding the amount ofcompensation, this Agreement 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 lrom City to Consultant lor 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 shall not bill
City for duplicate services performed by more than one person.
a.
invoice, etc.;
Serial identifications ol progress bills; i.e., Progress Bill No. I for the first
b. The beginning and ending dates ofthe billing period;
c. A "Task Summary" containing the original contract amount, the 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 of the 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 ol 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 complcte the Services described in Exhibit A;
Receipts for cxpenses to be reimbursed;
Invoices shall be submitted to
City oi Menifee
Attn: Accounts Payable
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.\
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
The Consultant Representative's signature.
f.
Docusign Envelope lD 82717CF3-A7974F AO-8EE2'3C06ODBED7EE
29844 Haun Road
Menifee. CA 92586
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.
2.3 Final Payment. City shall pay the last ten percent ( l0%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion ofthe Services and submittal
to City of a final invoice, if all ofthe Services required have been satisfactorily performed.
2.4 Total Payment. City 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 Agreemcnt.
ln 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 olsuch an invoice.
2.5 Hourly Fees. Fees lbr thc Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A
2.6 Reimbursable Expenses. Reimbursable expenses are includcd within thc maxrmum
amount of this Agree mcnt.
2.7 Paymcnt ol"l'axes. 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 evcnt that Citv or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expcnses as ofthe 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
lacilities 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 conlerence
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 bc 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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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 satisflactory, 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 thereolto City. Verification ofthe 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 Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions ofthe Califomia
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability lnsurance
shall be provided with limits of not lcss than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILI.ION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLI-ARS ($l,000,000.00) disease per policy. In the altemative, Consultant may rely on a self-
insurance program to meet those requirements, but only ifthe program of self-insurance complies
fully with the provisions of the Califomia Labor Code. Determination of whether a self-insurance
program meets the standards olthe Califomia Labor Code shall be solely in the discretion ofthe
ContractAdministrator.'[heinsurer.ifinsuranceisprovided,orConsulhnt,ifaprogramofself-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising l-rom the Services performed under this
Agreement.
4.2 Commercial General and Automobile I-iability lnsurance.
a.General requirements. Consultant , at its own cost and expensc, shall
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 occurrencer combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MIt-l.lON DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOl.l,ARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be pcrlormed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence 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 of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall bc at least
as broad as Insurance Services Office Commercial General Liabitity occurrence form CG 0001.
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Automobile coverage shall be at least as broad as lnsurance Services Office Automobile Liability
lorm CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
Additional requirements. Each of the followins shall bc included in thcc.
insurance coverage or added as a certified endorsement 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.
General requirements. Consultant , at its own cost and expense, shall
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
Mlt-l-lON DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
scll-insured retention exceeds TWENTY-FIVD THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. 'l'he lbllowing provisions shall apply if the
prof'cssional liability coverage is written on a claims-made form
a. The retroactive date of the policy must be shown and must be no
later than the commencement ofthe Services.
b. lnsurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination ol this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. lf coverage is canceled or not renewed and it is not replaced with
another claims-made policy lorm with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage lor
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 ofthe following: (l) renewal ofthe existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement ofthe Services underthis Agreement. City shall have the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy ol the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
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4.3 ProfessionalLiabilitylnsurance.
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4.4 All Policies eourremcnts.
Acceptabili oI insurcrs 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 ol' covera[e. Prior to beginning the Services under this
Agreement, Consultant shall fumish City with Certificates of Insurance, additional insured
cndorsement or policy language granting additional insured status complete certified copics of all
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
covcrage on its behalf. The Certificate of lnsurance must include the following refcrence:
FY2O2OI2I ON-CALL ENGINEERING SERVICES (STORMWATER)
(RECOVERABLE). The name and address for Additional Insured endorsements, Certificates of
Insurance and Notice of Cancellation is: City olMenilee,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 Covera Consultant shall
a.
c.
c.
provide written notice to City within ten ( | 0) working days it ( I ) any of the 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:Dnmarv lnsurance City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each ol
the fbllowing: liability arising out of the Services performed by or on behalf of Consultant,
including the insured's general supervision ol Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, 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 of protection atiorded
to City or its ollicers, 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
lor one ( | ) year after the expiration or termination ofthis Agreement or completion ofthe Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunleers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
Deductibles and Sell-insured Retentions. Consultant shall obtain the
written approval of City for the self-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. 'fhe
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 of losses
and related investigations, claim administration, and deftnse expenses that is satisfactory in all
respects to each of them.
Variation. The Contract Administrator may, but is not required to, approve
in writing a var
coverage, scope,
City's interests a
iation in the foregoing insurance requirements, upon a determination that the
limits, and forms of such insurance are either not commercially available, or that
re otherwise fully protected.
4.5 Remedies. ln 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 rcquired, City may, at its sole option, exercise any of the lollowing
remedies, which are alternatives 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 ofthe 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 hereof; and/or
c 'l'erminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liabilitv. Where the law establishes a
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 oflicers, employees, officials, volunteers, and agents from and against
any and all claims, losscs, costs, damages, expenses, Iiabilities, liens, actions, causes olaction
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges. awards,
assessments, fines, or penalties of any 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 judgment (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 ofl'icers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the lull extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
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f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all ofthe requirements stated
herein.
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allof 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 performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification for Desi,rn Professionals. Notwithstandin g any
provision of this Section 5 to the contrary, design professionals are required to defend 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 lndemnification.The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions olthis Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and allof its o{Ticers, officials, employees, and agents acting in an olTicial capacity.
6.1 lndependent Contractor. At alltimes during the term ofthis Agreement, Consultant
shall be an independent contractor and shall not be an employee olCity. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment 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,
employces, 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 Iiability whatever against City,
or bind City in any manner. Except forthe fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consuhant for performing the Services
hereunder for City. City shall 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 services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the Calilornia Public Employees
Retirement System ("PERS") as an employee of City and entitlement to any contribution to be
paid by City lor employer contributions and/or employee contributions lor PFIRS benelits.
ST]CTION 7. LEGAL REQUIREMENTS.
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SECTION 6. STATUS OF CONSULTANT.
7.1 Goveminq Law. The laws of the State of California shall govem this Agreement.
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7 .2 Compliance with Apolicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal 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. Il is understood that it is the responsibility ofConsultanl to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the Califomia Department of
Industrial Relations ("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. representat ives. employees, and volunteers harmless
lrom 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 of any 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 ofSection
l78l 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
lrom time to tim€, or any other similar law. It is agreed by the Panies that, in connection with
perl'ormance of the Services, including, without Iimitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks ol'payment or non-payment ofprevailing wages
undcr Califomia law and/or the implementation of Labor Code Section 1781, as the same may be
amended lrom 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 olall subcontractors.
ST]C'I'ION 8. 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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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 prolessions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses lrom City.
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8.3 Consequences of Termination. [n 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 I .l . Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation 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 incuned during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assiqnment and Subcontractine. 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 ofConsultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval ofthe Contract Administrator. Consultant
shall not subcontract any portion ofthe performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. ln 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 olthis Agreement.
8.8 Options upon Breach by Consultant. IfConsultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. lmmediately 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.
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SECTION 9. KEEPING AND STATUS OF RECOR-DS.
9.1 Records Created as Part of Consultant's Performance.All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
fi[es, 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. It is understood and agreed that the documents and other
materials, including but not limited 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 ofsuch 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
of both Parties unless required by law.
9.2 Licensins of Intellectual Pro rt . This Agreement creates a non-exclusive andne
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 license 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 Consullant 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 any 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 ofthree (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 Records. Any 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 Covemment Code Section 8546.7, ifthe amount oflpublic funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($ I 0,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of 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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SECTIONlO. MISCELLANEOUSPROVISIONS.
I0. I AttomeyslEe€!. If either Party 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 attomeys'fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys'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 of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Lawl Venue. The intemal laws olthe State of California 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 exclusivelv in Riverside Countv.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings.The section headings and subheadings
contained in this Agreement are included for convenience only and shall not Iimit or otherwise
affect the terms of this Agreement.
I 0.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assisns. The provisions ofthis Agreement shall inure to the benefit
ofand shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Cynthia Gabaldon ("Consultant's Representative"). The Consultant's
Representative shall have full authority to represent and act on behalfolConsultant 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 Adm inistrator"). All correspondence shall
be directed to or through the Contract Administrator or his designee. The Contract Administrator
shall have the power to act on behalf of City for all purposes under this Agreement. Unless
otherwise provided in this Agreement, Consultant shall not accept direction or orders lrom any
person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
2671/01t858-0001
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DocuSign Envelope lD A27 17CF3-A797-4F A0-BEE2-3C06DDBED7EE
CG RESOURCE MANAGEMENT & ENCINEERINC
Attn: Cynthia Cabaldon
2l 05 Foothill Blvd Suite B- l 35
La Veme, CA 9l 750
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
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and
Signature of Registered Prolessional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibi I ity.
l0.ll Riehts and Remedies. Exce pt with respect to rights and remedies expressly
dcclared to be exclusive in this Agreement, the rights and remedies of the 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, of any other rights or remedies for the same default
or any other default by the other Party.
I 0. l2 lntegration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement 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 of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
I 0.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution ofContract. The persons executingthis Agreement 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 deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions ofthis Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Pany is bound.
I 0.1 5 Nondiscrimination. Consultant covenants that, by and lor itself, 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 Party Beneficiaries. With the exception ofthe specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
l0.l 7 Nonliabilitv of City Officers and Employees. 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 olthe terms of this Agreement.
I 0.1 8 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 ollcer 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.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to th is Agreement during hisi her 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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DocuSign Envelope lD: 827 17CF3-A797 4F A0-8EE2-3C06DDBED7EE
IN WITNESS WHEREOF. the Parties hereto have executed and entered into this
Agreement as ofthe Effective Date.
CITYOFMENIFEE CONSULTANT
lt ,iiii^ e^ta"lrw, |wsilunl
Armando G.City Manager GiffiEffiAd"r P'"",d*'t
A. Manwaring, City Cl
ed as to Form:
[Corporation must have two signatures]
. Melching,Attornev
267 r/0t r858-000 t
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the following services:
. As needed comprehensive NPDES Program Management Services
In the not to exceed amount of THIRTY FM THOUSAND DOLLARS AND ZERO
cENTS ($3s,000.00).
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7610316 2 a02i04t20 EXHIBII'A
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-.1 .
CC lesour<c Managrmant
and Engineerlng
Ju ty 2. 201 9 (rcvised octob er 1 1 , 2 01 9)
Ms. Yolanda lJacalalad
PublicWo*s
C'ty of irenifee
29714Haun Road
Menifle CA92586
RE: Re+est for Roposalfor or}calltlPDES Progran Seryices
Dcar Ms Macalalad:
CG R.sourc. Manageme[t and E0gin.enng lnc (CGRME) ls pl.as.d to submi thb proposal in r.sponsc to hc vedal
Eqlesl by City of MeniLr {City) Ou .xpeicnc. in stonnv,at r conpllancc. pcmiting. *atcr nsourc.s, CEOA
docu[rnt preparalion. general engin..ring. 4rd prog.am and prci.ct nEnagcm.n( *ill prcvrd. lha City [lc suppod for
yo ur on-ca ll seruhes nacds.
Ms. Gabaldon brings unique qualificdons to h. City rfiich a.r unparallcl.d in h. indust y. Expedcn@ in boh pdvate
and fiunicFal implrmentation and ftranagement allows for a uniqua porspactiva to ta6k implamant tio0:
. Etleot,/e Walershed Expdteice: When nanaging slorm vratar rcgulatory progEms it is important to have
local expedcncr. Ms. Gabaldofl has proMded scrviccs in ha ragion for ovar 20 years. Through her
expedence. Cynthia has developed an underslanding for th. watcr quality regulatory compliance issues
padicularto 0le Santa Ana RegionalWater Qualrty Control Board and also has a n.llrounded understanding ot
local cnginecdng cdteria.
. Etperg!rced Local fean atfi Setsated Pto-lect y' ?rrral Ms. Gobaldon is cxp.riinccd and wrllrcsp?ctcd
in thc watcr quality rcgulatory co.rpliancc, CEOA and gcn.lal ongincering induslry Wh ovcr 28 years
expcd.nc., and known to br a handgon projcct nEnag!r and tcchnical lcad.r, [4. Gabaldon willprcvidc for
bob llcxibility and strcng dircction.
. hactcal Ktwledge: b,e ot the key distinct advantsgls of CC€IE is h8t Ms. Gabaldon has both
constuction and watcr quality expadence alloviing for herto providc prcactve and practcalllcollmandations.
Sle also h6s extansive presantation and haining exprnenca Tiliah provrdas for addilional arpeiancc f,fian
explaining regulatory dehils and concepts alilc
CGRIE nill implement our p.rsonal comnitmcnt to providc ex.oplional quality of s.Mc. to succcsstully deliver the
proi.cts assign.d. R.cognizing you hav. manychoic.s andwe lookfo ard to thr opportunityto pa6.rwfi your staff
to dc liver outstanding program managcmcnt and guidanci hat will.xcerd your cxpfttations
Should you hav. eny questions, pl.ase do not h.sitat? to cor{act Ms. qnthia Gebaldon at (!Og) 45tE520.
Sncerc9,
C,O-" 4"1'1/-^)
cy,flilre Gsbrldon. FE. cPs\lo, CPESC. OSD/P. OISP. |6P/CGP ToR
President
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CG R€ioua(a Mrn4emrnt
and Endn.erlng
STATE E ToF Ut'lDEmrAilDtNG
cG Resource lilamgernent and Engneedng (CGllrO rcspccttulty submits this Proposal responding to a verbal
rcquest for a prcposalto 6e Oty of Mcnifcc, lor IPD€S Program Prof.ssionalSeruices. The vedalrcquestwas made
by Ms. Yolanda Macalalad and Mr. l-bil. Ford on Junc 24, 2019.
This Proposal and S.h.dule of F..s and Charges shall be us.d for monthly invoicing of progEss paym.nts and for
costing additionalrvork that, ifrequ.stcd. is pcrforfiEd beyondth. S.op. ofScruic.s dcscibed in bis Proposal.
Coi?At{Y PRoFTLE A D EXPERIEICE
CGRIG uras found.d in 2013 by Cynthia Gabaldon, PE as a singleowner. S CorpoElion. Th. company's focus is to
providr cftironrEntalco[sultjog &ld raletld anginaaring srlvacas. Ms. Gabaldon has wod(rd in he lnland Ellpr! For
ov.r 24yearc.nd has a homugh unde.slrnding of lo cal junsdiclional ne.ds CYntlia is Ecognized for prcviding exp.d,
timcly and cosl-afieclive plan ng. envimn(Ental scrcnca, cnginearing, dasiga, constuclion and pmgmm managarunl
seNices Located in LaVema. Califomia eaccss to mactng locstbns, clrnt olfccs and othca enttes is not an issua.
Company address: 2529 Arnhcrst S.
La Vcmc. Calitomia 91750
90*455-8520
MaiIng address 2105 FoothillBoulevard Ste &135
La Vem€. Calilomia g 1750
Federal Tax lD: 46-3522822
Certlicates oflnsurance forProf.ssional Liability and Enors and Ori$sions can be provided on rcquest
CGRI/E bdngs IIBny years ol local envimnmmtal end engincering expericnce to the City Ms Gebaldon s expencnce
suppoding both municipalities and induslrial facilites in complying wih CEOA stormvater Ggulations, docurn nt
prrpamtion. inspcctons, consfucton and projact managcnrfil and prcgrem davelopmnt allo*s for har to be
particulady wellsuited for assisling lhc City in its NPOES program irlplenEntation of various .ovrmnmrntal and
cngineedng tasts speciically viat.r quality analysis end prcg.am implemcntatifi and storm drain management A
primary goal is to dewlop s?an*ss rclationships wih &e Oty stafi so h8t program development and wofl produclion
will app ear efiortess.
Cfrthia has been proliding consulling seryices to numcrous public agcncias and pruate induslies foa ovar 26 yca6.
$..nc to lh. City. sh. has brcn providing iPoES and PrDgranvProject l,hnagerEnt assistance for simil.r
jurisdictionsforappro)(imatetlTyrars.$lealsohasvioriedforanlnlandE[pirccilystafrnghei.P0ESsection Th.
sc ope of scryices that Ms. Gabaldon c an providc inc lud.s. b ut is oot limit d to. th. follo*ing
. t€D€S Program Developm.nt and Pcrmil Compliance. lnspcctions: lryO[P Post-Conslruction and stom dEin. Public lnfonrEtion and Outaaach Programs. CE OA Doc umcnt prcp aralion: C*ot.chnicaland l-lydrclogy W6tcrOuality Scctions. EnvironnE ntal Pcrritting Assist nc c : Sc cton 404, 401 , Cou rty sp ec ific .nvironrn ntal pcrmrts. Program and Projcct Managcment: WOMP R.viclts. NPOES Compliancc, Som Drain Managcment
Managemant m.hods include:
. lmplerncriing,stablishcd projccttrackiflg proccdurcs. Corrnu nic atiofl with he City stafi. Repoding and recodfteepmg. ilot'fication of City stafr of regionaUstatertid e regulalaon cha[ges. Tas* appmpriate project oversighl and nEnagcmenl
267 t/0llE56-0001
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!
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A.
CC Rerource Manrienrant
ind EnSln!€rlnt
ScoPE or SERVTCES
1) WQ,P Reviews
Plan chec*s an rcvicwed based on en agreed foanEt and approach wih Oty slail oiscussion *ill inalude approved
BMPS. City-speainc reqliramonts and common conditions of approval. Thcse dctails nill be agrced on beforc an inilial
submitalravias/.
CGRIG'S approach to WOMP reviews starts with a Prc-Subnittal letter This llttlr is prqcct specific but is based on a
te.rplate leter. This Pr.-Subdttal leter is providcd to he projcct proponcnulngine.r bcforc thc frst H IOMP and
FWOMP are submitcd. Ihe Pr+grbmiual letter p.ovides a section"by-section dcscriptiofl of rltlat the Oty will requrre
forheWQMP This lcttcr providcs h. basis for h. applicants submital and is h. staning point for the plan chrck.
Wih each submital. thc itan6 on be rcvicw lrtcr should raduca.
Typical hrDaround tinE for revicws is two wrcks for boh A /Ol,P and FWOMP rcvi.yis
Task 1 - Prelimimry Wq P Assesvnert
1.1 Pr.lifiinary WOIP IP'WOMP) lssessment of Proi.ct and ftoorams
The firs,t phase ofhe rvo shallconsist of a complete alscssmcd ofhr d.mands oF$e project based upon fiEalings
*ifl city slafi and ravrc* ot appropdatc plans and documenls.
1 . 2 Prclininarv Wat.r QJ alitv Manao ement Plan Rsvirr
The Conslltant shall compl.try and accurately review all naralives. suppoding studios, maps, exhibits. documents and
specmcatons submitt.d in conjunction rdh the P-WQi/P documcnt Thc Consult nl shall pmvid. complete. accurate
and limely writt.n .omments, as wlll as "IEdlined" dBnings of submitted plans and supporting documenb that are found
io br unaccaptabla or incomplcte
lf rcquest d Consultanl shell prrparc a cofipl.te, accuratc and limely ltrifiln s.t of plannng Conditions of Approval,
utilizing thc City's standadized forrEt dlscribing tD sp.cific ruquirumcnts nec.ssary for approv.l of any sit -sp.cific
P-WOMP found to b. 6cc.ptabl. to the Oty. Ihe Consultsri shall prcvidc assislancr to thc Otty, and project applicant
as it rclatcs to allcommcnts, rcdlincs and/or condilions of apprcvalpr.parcd by comultant
1. 3 P-WOMP G.n.r6l S.ruic.s and R.o uiremcnts a nd Resoonsibilitics
. Consultsnt 6hall pr.pal! and dBintain a Schedule of P.dormanco" to includc r.alistic peiods for inrtial
rcvicws, fnal drsigfl rrviar, and sub miftal of co nd ilions of approval.
. Consultant shall submit invoices lo fi. City at 1000,6 perc.nt complclion 0fhe proiect Each arwoic! *!ll be
itedz.d and show t sk.d p.dom.d, aod the percontagc 0lcomplction lump sum payrnenl due.
,
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lncluded in his Scction is a listofpossible seryice scopes rfiich could be assigned to CGR[,E.
Ehscd on a dbcussion vrith City stalt it is und..stood h .l.cbonic copics of h. lVOL.P submMs lrill bc Providcd to
the consultant Tha llliarvr vrill naad to bc conTlctad using olactonic plan chock so,trvaro sildlar to Bfuc Bcam or
anoth.r m.hod so hal pdf.ditJ can bc plovidcd.
Docusign Envelope lD: 827 17CF3 A797 -4F A0-8EE2-3C06DDBED7EE
A.
CG Rarourca Manalpment
.nd Endn..rlng
Consutant shall ba available to ans{ar qucslions ragarding hr Projcct scoP!, doculrtnts, dlestonas, Plans,
spacfications, atc- brough vadous fiEhods imluding rEctngs, talaphoaa cals, amtils, and/or wittcr
comspondence.
Tad( 2 - Fi ElWQi/P Ass€asmerts
2. I Fm al WO MP Assrssmcnt of Proieat and Pa! ora nrs
Th! frst phasc ofhe rvort shallconsist of a completc ass€ssmcnt ofhc damands ofhe Projact basad uPon nEetings
wih cly sl6ft a nd rcvirtr of app rcpriat. plans and documents Consu ltant s etuic. s shall inc lud. but not b. limit.d to thc
following rtlms:. Consultanl shall anallza regioflal dld local plans and documcnls dccmcd p!6n!nt lo tta ra4!t of tl.
propos.d F-WQMP including th. Sanh Ana Rivcr Basin Plan, TMOI- for Canyoo Latc and [ake Elsinorc,
Riv.rside CdJnty Watcr Ouality Management gan for Urban Ru&Off, and Ehard fr.rR8-2010'0033 NPOES
Plrnil # CAS6IE033. and otEr docufttnls as de.med appropdatc. Ary changcs sin.c P-WOMP approval
shallbe docunEatad.
2.2 FinalWaterQualitY I\Jbnaoement Han ReYrew
The Consultant shall completely and accurateY aeview all nan-ativcs 6upporting sludics, maps, cxhibils, documcnts and
sp.cificalions subdted in conjunction wih thc F-WQMP docunEnt Thc Consuhsnt shall providc a r.dlin.d srt ofPlans
an d corrcsponding co E ction list, in he eyent thal th e F-WOMP is tolnd to be unac ccpta ble.
2 3 F-WQ [p Red-Line Pan Comments and/or Cond itions 0f Aloroval
Thc Consultant shall provide conplete, accurat! and timely v{rittan coflmenls, as wcll as ladlined" draaings of
submitted plans and suppodjng documents hat are found lo bc unaccaptebla orrncomplete. Consullant shall praparc a
complet., accurate and timely r$fien set of condi[ons ofApproval, utilizing the City's standardizid fornEt, describing
thc splcific rcquircmcnts ncc.ssary for apprcval o[any sitc-spccific WOMP found to bc acc.ptablc to he Oty Thr
Consultant shall provide rssistance t0 the City. and proj.ct applicant as it rclat.s to all cormcnts, r.dlin.s and/or
conditions of approval prepared by C0nsultant
2.4 Final WOMP Appmvals and Conditions ofAporoval
COA| can tu proviled if requestd by lhe Cily. Wh.n a projcct spccific WOMP is apprcvcd, tf r.qucst.d by he City,
COAS and an internai approval m.mo will be prepared The COA, can b. prcvidcd to hc applicant for signatun and
scanning onto he WQMP Plan COA page. This p.g. is tlen rctumed to th. City for inclusion rnto thr final docunEnt
fhe inlemal approval leter is provided to bob qty &Jilding and Saf.ty and Eflginerring. This task typically complct.s
he WoMP approvelprDcess Tlisproaesscan bc eitherhandled olrsrtc or!iacfiteal.
2 5 Proicct Ssccific WQMPRelated Administativ. Follow Up
When a projact fibvas fofl.ard into consbuclion herc ar! WQMP rrlet d tesls hat naad to ba cofiplatcd:
Coordinalion tih tle Plann.rs at h. tirc ofh! Fjnal irap appro'/althat CC&RS are cotrpl.te, approvcd and
providrd
Remind hr omrr/buildcr hat dl .lemcnts of he WOirP must bc irplem.ntcd and approvrd b.for. Projecl
rillrcceive cleaGnca.
't
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]-.
CC R€$urca Manatpm.nt
.nd EnSineslng
3 0 Fin al WO MP Geoeral Scrvic es and Reauiremenls and Responsibtl(€s
Consultant saNices forhis phase ofwo shallinclude butnot bc limittdto, he following itemsl
. Consultant shell pr.parc and nEintain a Schcdulc of Pcformancc' to include rcalistic pcriods for initiai
nviers, fnaldcsign ravi . and sub mit3l of co ndibons of aPproval.
Comultan[ shall br avdlablc to ans er qu.slions Ggarding hc proic.l scopc, docum.nts, nilesloncs, plans,
sprcificdions, atc. brough vaious nEhods inaluding nElting$, hhphona cals. +mails,8ad/or lritten
corcspondcnc!.
OttEr Services: WqiP Training - ln+lonse Staf,
CGRi,E Saf can also pmvide WOMP Constrclion lnsp.ction training to he M.nife. stafi. lt is rccomfEnd.d to havc
thr.. insp.ction visb t0 a sate includin0:
. A beginning ofProi.ct nithin firstfrwvrccks ofconstuclion: lnboductons and WOI,P nview
. Md Conshrction lnspeclion: rcvi.w of on-going consbucton. Usually bas.d on on-gdng discussions uitr
conbac{or Also discuss probabla limlinspection and ramaining staps.. Final lnspcction: Confim all hc gMPs hale been installed. Worl on 6nal pape ork rdh contsactor and
ownet
. ftovide ftojacl acccptanca documantalion
Duc to hc distance and, typical9, last fiinute cells for inspectio0s, CGRME rccolrmcnds haining ill-houso Oty stafi for
this r.quirement
1) Amlal WqiP h?ectixrs
As is aquir.d in he MS4 Pefiil, consbud.d WOMP srtcs, nc.d to hav. inspcctions on a schcduled ba5i.. Altstime,
a sitc needs an "anflral' inspcction once cv.ry thrce y.ars. A log ltil bc prcpar.d and tle inspc.tbns conpl.t.d sill
ba included.
Faas ara on an houdy basis daprndant on hr number of sites inrpactad. Efiods arc rEde to minidza axpansas for
th is tas k (combin. in onr day, scqucnc. hc localions, rtc.). A four-hour minimum would bercquircd. Tmveltime would
be chargcdfor havel betvraen ha inspcction sitet
Depending on th. scheduling llquil!firnls a sub-consultant may b. us.d for tris scopr; .ither Cynthia Gabaldon or
Migueltrrente could br essigned to histrsl
4 Commrciaulnd6lria I lnspedbrls
The *!y to compliance wffi tlls NPoES Pemit requiremnt rs organi2aton and efficient stafi CGRiJE has access to a
team who are Oualified lndustdal SWPPP Practitioners (OSR) The approach to be inspections would rrquirc a
m.ctinq vrith thc City, rcvicw ofhc availablc inv.ntory and $cn analysis ofthc priorites.
A subcontractot Ly0n Merilland fssociatrs, willneed to be used for his scope ofwort. the lrenilltcam c0nplet.s 6e
task on a tull-lime schedule, maaning hat ha inspactions aaa schlduled in hr tYEst cffcient mannar as possibla. Tha
grbcont'actor description and r?sumcs ar. includcd as an atlachmcnt to his proposal. This tcam hai complctrd
5
267rl0lrEi8,000l
7630176 2 a00/00/00 -7-
DocuSign Envelope lD: 827 17CF3-A797 -4F A0-8EE2-3C06DDBED7EE
r\
lhousends of indushiaucommarcial mspeclons. As a result re heve laamad to prcsenl oucrlvcs to tla busaness
owners as'toachiog inspcctors". Ourgoalisto gain aoIIpliancc, notto plnaliza.
The team has inspection options conccming documldatjon. Elcctonic insp?ction capturc is available. Paper
inspec'tions can also b. done if Ule City does not hav. h. capabilty to utliz. he .lrctonic insplclions. We highly
rccommcnd bundlcd insprctons, fttcaning planning nultiple in!pcc6ons h ona arra. Tlis isthc rrst efrcientmcthod.
3) Reghal NPOES lbeling Rep(es€ntatixr
CGRIIE can r.pros.nt he City at Rcgional i.P0ES fileetings, primariv h. Regional TI,OL mcrtings. Thesr meelings
arc q0ically onc. a moith in cilher Lakc Elsinor. or Rivcrsidc. Cynhia can prolidc a post nt.ting surImarf of thc
a.tions and will notify City slafi o[ sp.cifc n..ds or required tasls as part 0Fhc TMU- amplemntalion.
4) AssidarEe uih Pemin€e ileeaings
Assist in-hous. stafi lvih attendancc at 6. Pcrnit rcquir.d P.mi[c. m.tings locat.d at Rivtrside County Flood
Control Oistnct This scope is expected to include providing support to undirstanding mceling discussions and
reli?wing mecting notcs. Cynthia nill discuss atendance needs #b the assigned stall and rcvicw the meeting notes
taken
5) turud topod Asisbnce
Ar part olhe [,19] P.rmit Equircm.nts an AnnualRcport submitalis rlquircd each year CGRIC can providc stafing
assistancc conccming stlamlining thr anrual rcpod proc.ss. This *ould inchrde r.vic*ing City Program proc.dur.s
and providing sprcadsh..ts and documcnt tjon m.hods to be uscd thDughout ftc yaar Arnual Rcporling analysis
and documentauon u$ually occurs tugust through S.ptember of.ach y.ar. Curcnty he City submib data using th.
Riverside County NPOES Pmgram tcmplrtc. lt is probable fiat Trith he next ravis.d MSI P.fiyit Ul! annual repoding
nill be submit.d orlline. The time spent on th. Annual Report is depcndcnt on City docum?ntation. ll thc City is
organ2ed and w.llprcpared. thc Riv.rsid. Gunty lf tES Pmgram lorms rypi.aly rcquirc 16 to 24 lDurs to preparc lf
lheru is rasaarch or documrnt prlpefaton rlquilld, tlat timc *ould br dcpandant on he scopr l,b. Gabaldon vrould
bc he staffforthis task.
It is recommcnded that a schedule be praparcd lo rcvEa tha City s LlP. cunent processes and llsten to ideas to rEka
be LIP and th. implem.ntation more slreamlined and uscrfriendly A schedule can be prcpared to rcview he seclions
of the LlP, possibly on a rnonthly basis, so that h. wod(load is not overwhelming for City sla[. This rill providc thc
cunenl IPOES statt an oppo{unity t0 understand and fine-tr0c th. City-spccific program.
t:,
2671/01t 858-0001
76301?6 2 s00/00/00 -8-
CG Rerour<€ Manafgnan!
.nd Enrnc.rlng
6) AddtixulTasts
A rangc of additonal tasl s may bc includ.d in thc futurc. Thes. nray includc staftraining, assisting viith task dclegalion
to existing city stall, rcview ard devclopm.nt of City Locallrplcmcntation Pa[ (LlP). rcvi.w of quality as6cssmcnt and
conbol proccdur?s, and tEcking necds. Oavalopment of hc spacific Esks nill br on an agrcquestcd basis. No
specfics.r! includ.d in I s poposal
DocuSign Envelope lD : 827 17 CF 3-A7 97 -4F A0-8EE2"3C06DDBED7EE
A.
Projed SctDrtuh
When talks arc assign.d, cxrcution $ll b. cofipl.t.d at a "tultutr" capacity. Tasl sp.cific sch.dulcs *ill be
discussed on a cas+ by-casc basis. At thal time any cladfcatiofls and conccms will bc prcs.nt d and scheduli
adjuslrnants agrecd upon.
MiguclPu.nte rs availablcfor sprcl'ic inspcction hsks: hls schedule allows for Fdday and Satudayfi.ld wort.
F EEs
CGRiE h as bas cd b.se t .s on prwiou s cqerien ce. lyPical annual f.cs for he WQMP scop. of ltoft has hislo dcally
been approxinlet.ly S20,000 peryear. Tlis total is a tunction ofhr numbrr of Ute WQl,Ps revie*ed. Tottlinspeclion
fecs ar. a tunclion oflhe nurbe. of locations visited. D.pending on hc ne.ds of h. qty and the total scopc of services
nqurstad. addilional (ras may ba naccasary
Pe{so0rEl Charges
the chargi lor allon-calland specialprojrcts requircd an the perfomancc ofhe Scope of ScMcc, ancluding oftce, field
and tr.voltimc. willbc approximst V at th. Lhit Price Houdy rates sct fodh bllowforth. labor classificalions indicatcd
brlo[
Labor Classification Houdy Ratc
Senior ftoiect Enginrrdl&nager t135
Safi $iontisvEnginecr S105
Scnior lnspcctor i90
S1Efi lnspcctor 185
TEv6l lime and fiileage will be chargad for rnee$ngs and delivcries. These ratas are to be used for assignments,
aratysis and drlivarablis otherhan ttc WOirP plen chaals andhe indushauc omnE rcial inspections.
Veticle and i/lle6ge
The milcaga chaBe for personal autos nill be the then currcnt fiilcaga nlta established by he lntcmal Rcvanuc SeNica
(which is $ 56 permile in 2019).
7
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CG Rerourct Man:jrmcnr
.nd Endnc€rint
2671l03185E-0001
?610376 2 a00/00/00
DocuSign Envelope lD : a27 17 CF 3- A7 97 -4F A0-8EE2-3C06DDBED7EE
A.
CG Rercurce Mrnrgement
.nd EnglnecrinS
Mart-up is includid into th. industiaucommcrcial inspections turd f.. pric..
Thb fre shqldo cmla6 onfdodralb6 6 mlrmhm 4d 6 nd rlo.tedlobscosedorpr!6edtErlht!rt L6a ] il*d€d h lhs.odal { prcpel
lndlstrial ln+ectifis
lndustrial and Comrnercial lospections flill be charged on a fixed cost per facility. This include$ a follow uP inspection
when necessary.
NPOES PnOnty
lndustnal.
REsleur6nts
Commercial and [ow - 1 inspecton $ 97.50
Medium - 1 inspection, 1 rcinspecton $227 50
Hiqh . 1 inspection, 1rc'iflspecton s227.50
Follol}up and rcinsplctions arc includ.d in he prices. Mil?age and t'avel is also included in thc tued cost
WQi,lP Plan Ctrccts
WQMP plan chccks fc.s ar. based on hc proicct acreage and type of proirct Ihis scope of work i6 billed on a lump
sum basis.
Prelininary wOMPs - $2,200.00
lf there is an d PWQMP FWOMPfees are
Commercial lndudrial Residential
Basic 8 5 19 3.2m
Standard 23 18 50 4,000
Complex >23.1 >18.1 >50.1 4.0m
lfhira is not an ap al PWQMP the FwQMPwill bc:
WOMP projccts nill bc billed upon acceptance 0f the rcvie or wlrcn it is kno*n hc proi.ct has bccn pulled ftom
processing by the applicant.
Sl*Eontracto6 and Reimbursa bles
The cosl of services subcontracted by CGRME to olhe6 and other cosls incured by CGRME, for olher han industdal
inspections orWQ[P plan checls, willb. charged rtcoslplus 50,6 This includcs rcproductjon and graphic costs. ltis
also undeGtood that any subcodractoE used by CGRME will be vclted by City befori &rmed qualified to provide
seNices.
Finall,JQN,,lPs Commert,al lndu{.ial Residentral
32mBasic519
18 50 4.000Standard
>18.1 >50 1 5.060Cornplex>23.1
2671l03tE58-0001
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t
Price Per Facility