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HomeMy WebLinkAboutCC AG PKT 2006-11-13 #H e e e AGENDA REPORT DATE: November 13, 2006 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mark K. Vukojevic, P.E. Director of Public Works/City Engineer SUBffiCT: AWARD PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL STORM WATER QUALITY ,ENVIRONMENTAL (NPDES) SERVICES SUMMARY OF REOUEST The proposed action will authorize City Manager to execute a Professional Services Agreement with John L. Hunter and Associates Inc., to perform on-call professional services as needed for Storm Water Quality Environmental (NPDES) Services. DISCUSSION: The 'Clean Water Act (officially known as the Federal Water Pollution Control Act Amendments of 1972) was passed into law to restore and maintain the chemical, physical, and biological integrity of the Nation's waters, and where attainable, to achieve a level of water quality that provides for the protection and propagation of fish, shellfish, and wildlife, and for public recreation in and on the water. The first goals of the Clean Water Act are zero discharge of pollutants and the protection of "fishablelswimable" water quality, Since 1993, the City has been a co-permittee under the County of Orange (principal permittee) to meet the requirements of the various regulations associated with the Act. After each permit renewal, the City is required to continue to implement storm water quality management programs and develop additional programs in order to control pollutants in storm water discharges. On January 18, 2002, the SARWQCB adopted Order No.R8-2002-00l0 entitled "Waste Discharge Requirements for the County of Orange, Orange County Flood Control District, and the Incorporated. Cities of Orange County within the Santa Ana Region Area Urban Storm Water Runoff Orange County" hereby known as "the Permit". Keeping the city in compliance with the terms of "the Permit" involves numerous activities including: . Public Education, . Provide training for staff and contractors providing city municipal services, . Attend County training on latest NPDES issues, Agenda Item-1:i. e . Attendance in county, and regional meetings, . Inspections of municipal services, . Inspection of Storm Drain and Sanitary Sewer Systems, . Inspections of commercial, industrial, and municipal facilities, This contract will enter the City into agreement with John L. Hunter and Associates Inc. to perform Storm Water Quality Environmental (NPDES) Services on an "on-call" basis. The benefits of retaining a private firm include retaining expertise in the environmental engineer field which augments the services currently provided by the Department of Public Works and enables City sta:lIto focus on better managing Public WorkslEngineering needs. Historically, the Public Works Department entered into professional services agreements with consulting civil engineering firms for general and specific engineering support of the Department and the Capital hnprovement Program. The long term agreements have benefited the City by maintaining expert resources on-call on an as needed basis. These resources have come highly qualified and recommended from other agencies. The firms become very familiar with the City's unique infrastructure that results in cost savings because of reduced learning curves. The process also saves administrative costs for preparing and evaluating requests for qualifications and proposals for every project. e John L. Hunter and Associates has been a leader in the Environmental Industry having implemented NPDES programs for numerous agencies since the inception of the NPDES program in 1985. Currently, John L. Hunter and Associates is on staff with over 20 cities located within three separate Regional Water Quality Control Boards. To date, the City has retained individual on-call contracts for Public Works, utilities engineering, project management, construction management, traffic engineering, street and highway engineering, coastal engineering, and facilities engineering. Prior to starting any work, the consultant will submit a detailed task order scope, schedule, and overall project estimate as well as a not to exceed cost. No work begins until evaluation and written approval by the Director of Public Works. FISCAL IMPACT: Funding for these services are budgeted within the Storm Drain Contract Professional Services account and from development ass~ciates recovery fees. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Professional Services Agreement with John L. Hunter and Associates Inc. to perform on- call Storm Water Quality Environmental (NPDES) Services as needed. e AGENDA ITEM~ e e e Prepared By: Sean rumby, P.E. Deputy City Engineer Concur: AJlI/// ,- ~~~ MarICK. Vukojevic P.E. Director of Public W orks/City Engineer Attachment: Proposed Resolution No. _ authorizing the Co Professional Services Agreement I' AGENDA ITBM--< " e RESOLUTION NUMBER A RESOLUTION OF mE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING mE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SEAL BEACH AND HUNTER AND ASSOCIATES FOR ON-CALL STORM WATER QUALITY ENVIRONMENTAL SERVICES The City Council of the City of Seal Beach hereby resolves as follows: SECTION I. The City Council hereby approves the Professional Services Agreement between the City of Seal Beach and Hunter and Associates for on-call Storm Water Quality Environmental Services. SECTION 2. The Council hereby directs the City Manager to execute the Professional Services Agreement with Hunter and Associates. PASSED, APPROVED AND ADDOPTED by the City Council of the City of Seal Beach this day of 2006 by the following vote: AYES: Council Members e NOES: Council Members ABSENT: Council Members Mayor ATTEST: City Cle.rk STATE OF CALIFORNIA ) . COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2006. e City Clerk AGREEMENT FOR ON-CALL ENGINEERING CONTRACT SERVICES e THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into as of ~ day of November. 2006 by and between the CITY OF SEAL BEACH, a municipal corporation ("City") and John L. Hunter and Associates ("Consultant"). RECITALS WHEREAS, City desires to employ the services of a consuhant to provide on-call engineering services and services; WHER,EAS, Consuhant represents that it has the expertise and experience to provide such , , NOW THEREFORE, and for good consideration, the City and Consultant agree as foUows: 1. Location ofSubiect Project/Studies" Citywide 2. Descriution of Services to be Provided" Consultant shall perfrom on-call Storm Water Quality Environmental Services as described in Proposal of Services (enclosed) e 3. Term. Unless terminated earlier as set forth in this Agreement, the services shall commence on November 13, 2006 ("Commencement Date") 4. Party Reuresentatives. The City designates Sean Crumby, P.E., Deputy City Engineer to act on City's behalf The Consultant designates the John L. Hunter, P.E., President to act on Consultant's behalf: 5" Enclosure. This Agreement incorporates by reference the following Attachments to this Agreement: Attachment 1: Scope of Work Attachment 2: Rate Schedule 6. Intee:ration. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein, No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Agreement. This Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, ifany, between the parties, and none shall be used to interpret this Agreement. This Agreement may only be amended by the mutual consent of the parties by an instrument in writing. e P-\D42 CIP . C..lmpnlYClllClll PropIIm'1042 CIP 1.2 PSA CouIdbaaa\Pra&abml. Senicca Aar-amt Huala' md. Aaocudes . NPDES S.vas doc I e e e 7. Standard of Performance. Consultant agrees that all services shall be performed in a competent, professional, and satisfuctory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment or personal property included within the services herein shall be of good quality, fit fur the purpose intended. 8. Performance to Satisfaction of City. Consultant agrees to perform all work to the satisfaction of City within the time specified. If Consultant's work is not satisfuctory in the opinion of City's designated representative, City has the right to take appropriate action, including but not limited to any or all of the fullowing: (i) meeting with Consultant to review the quality of the work and resolve matters of concern; (ii) requiring Consultant to repeat or correct the work at no additional fee until it is satisfactory; (ill) suspending the delivery of new or additional work to Consultant fur an indefinite time; (iv) withholding payment; and (v) terminating this Agreement as hereinafter set furth. City's options set furth herein are non-exclusive, and are in addition to any remedy available at law to City. 9. Prohibition All8.inst Subcontractinl! or Assil!Dment. ConSultant shall not contract with any other entity to perfurm in whole or in part the services required hereunder without the prior express written approval of City. In addition, neither the Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether fur the benefit of creditors or otherwise, without the prior written approval of City. In the event of any unapproved transfer, including in any bankruptcy proceeding, City may void the Agreement at City's option in its sole and absolute discretion. No approved transfer shall release any surety of Consultant of any liability hereunder without the express consent of City. 10. ComDensation. Consultant shall be compensated on a time and material basis per the attached Schedule 2. In no event shall compensation exceed the approved task order limit set by the Director of Public Works. 11. Insurance. Consultant shaI1 have insurance as fullows: 11.1 General Liabilitv (including premises and operations, contractual liability, personal injury, independent contractors liability): One Million Dollars ($1,000,000.00) Single Limit, per occurrence. If commercial general liability insurance or other furm with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be three times the occurrence limit. 11.2 Automobile Liabilitv (including owned, non-owned, and hired autos): One Million Dollars ($1,000,000.00), Single limit, per occurrence fur bodily injury and property damage. 11.3 EmDlover's Liabilitv One Million Dollars ($1,000,000.00) per occurrence fur injuries incurred in providing services under this Agreement (if Consultant is required to have per the laws of Califurnia). P:\042 CIP . Capilli Improvement Pmpma\042 CIP l.2 PSA COlIIl:IItmtilPlur.um.J. Scnic:a Apeemetlt Himla' ad AIIoc:laIeI- NPDBS Serv1ca dac 2 e 11.4 Workers Comnensation Consultant shall, to the extent required by state law, provide Employee's Insurance Workers' Compensation Insurance fur the protection of Consultant's employees. Consultant shall file a certificate of insurance which evidences that Consultant is in compliance with said Worker's Compensation Insurance requirement. Consultant shall require all subcontractors similarly to provide such Workers' Compensation Insurance and certificates of insurance fur their respective employees. 11.5 Professional Liability Insurance Consultant shall have errors and omission insurance in the amount of$l,OOO,OOO. 11.6 General Reouirements. All of Consultant's and its sub-contractor's policies of insurance shall: A. Name City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter "City and City Personnel") as additional insureds and contain no special limitations on the scope of protection afforded to City and City Personnel; B. Be primary insurance and shall provide that any insurance or self-insurance maintained by City or City Personnel shall be in excess of Consultant's insurance and shall not contnbute with it; e c. Be "occurrence" rather than "claims made" insurance; D. Apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; E. Be endorsed to state that the insurer shall waive all rights of subrogation against City and City Personnel; and F. Be written by good and solvent insurer(s) admitted to do business in the State ofCalifurnia and acceptable to City. 11.7 Deductibles. Any deducbbles or self-insured retentions must be declared to and approved by City prior to the execution of this Agreement by City. e 11.8 Notice of Poliey Cham!es. Each such insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed fur any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, certified, or by personal delivery. In addition to such notice provided to City by the insurer, Consultant shall also provide City with thirty (30) days prior written notice, by certified mail, return receipt requested, of the suspension, voiding, cancellation, reduction in coverage or in fuints, non-renewal, or material change for any reason, of any such insurance policy or policies. ~ CIP. CIIpJlId ImplUVal1catPRlFJllll'lD42 CIP 1.2 PSA CllDllllrlDts\Pmbsulrlll.Servk:aAanamtH\mta'1IIld AlmClldal-:h"JIDES Sc:M=I dol: 3 e 11.9 Evidence of Coveral!e. Consultant shall furnish City with certificates of insurance demonstrating the coverage required by this Agreement which shall be received and approved by City not less than five (5) working days before work commences. The duplicate originals and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf The procuring of such insurance or the delivery of duplicate originals and endorsements evidencing the same shall not be construed as a limitation on Consultant's obligation to indemniJY City and City Personnel 12. Indemnification. Consultant shall indemnify, defend, and hold City and City Personnel harmless from and against any and all actions, claims, demands, judgments, attorney's fees, costs, damage to persons or property, penalties, obligations, expenses or liabilities that may be asserted or claimed by any person or entity arising out of the negligent acts, errors, or omissions of Consultant, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of Cityand/or City Personne~ provided, however, that the Consultant shall not be required to indemnify, defend or hold harmless City or City Personnel against claims arising from the sole active negligence or willful misconduct of City or City Personnel In counection therewith: e 12.1 Consultant shall defend, with Counsel acceptable to City, any action or actions filed in connection with any such claimed damage, injury, penalty, obligation or liability, and shall pay all costs and expenses, including attorney's fees, incurred therewith. 12.2 In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such claimed damage, injury, penalty, obligation or liability, Consultant shall defend City and pay to City any and all costs and expenses incurred by City in such action or proceeding, together with actual attorney's fees and expert witness fees. 13. Comoliance with Laws. The Consultant shall put forth reasonable professional effurts to comply with applicable laws, codes and regulations in effect as of the date of the execution ofthis Agreement. Materially increased or duplicative services occasioned by design changes made necessary by newly enacted laws, codes and regulations after this date shall entitle the consultant to a reasonable adjustment in the schedule and additional compensation co1llIIleIlSUrate with any agreed-upon modification in the Scope of Work provisions of this Agreement. e 14. Indeoendent Contractor. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner or employer of Contractor in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Contractor. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are P '012 CIP.Cllpi.tll.lm.povaDmtPrqraI\042 CIP 12 PSA Ca__\PrvfeuicmIll.SavicclIAare=eat:HlIDla'ad Auoc:uleI-NPDES S~IilI.dDc: 4 e 15. 16. e 17. agents or employees of City. Neither Contractor nor any of Contractor's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Contractor nor any of its employees shall be paid by City any wage or overtime benefit. City is under no obligation to withhold State and Federal tax deductions from Contractor's compensation. Neither Contractor nor any of Contractor's employees shall be included in the competitive service, have any property right to any position, or any of the rights a City employee might otherwise have in the event oftermination of employment. Covenant Al!:ainst Discrimination. Consultant covenants fur itseI:t; its heirs, executors, assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, relation, sex, marital status, national origin, or ancestry, in the performance of this Agreement. Consuhant further covenants and agrees to comply with the terms of the Americans with Disabilities Act of 1990 (42 U.S,C. ~12l0l ~.) as the same maybe amended from time to time. Termination Bv Citv. City reserves the right to terminate this Agreement at any time, with or without cause, upon written notice to Consultant. Upon receipt of any notice of termination from City, Consultant shall immediately cease all services hereunder except such as may be specifically approved in writing by City. Consultant shall be entitled to compensation fur all services rendered prior to receipt of City's notice of termination and fur any services authorized in writing by City thereafter. Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party require the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shaI1 not be a waiver of any other default concerning the same or any other provision of this Agreement. 18. Lel!:al Actions. The Municipal and Superior Courts of the State of CaIifomia in the County of Orange shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the laws of the State of Califumia. 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 fur the same defauh or any other default by the other party. 19. Attornevs' Fees. If either party to this Agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Agreement, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to litigation costs, including actual attorney's fees and expert witness fees. e 20. Force Majeure. The time period specified in this Agreement fur performance of work may be extended by City because of any delays due to unfureseeable causes beyond the P 'D42 CIP . Capalll Jmpzovaaeal PnlpmI.\042 CIP 1.2 PSA CD'lllllltmtl\Prafiluicmll ServiCII:I Aplcmtllt H1mta' md. Aaacmta - NPDES SeMccI doc s e control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, provided that Consultant shall within ten (10) days of the commencement of such delay notifY City in writing of the causes and length of the delay. If Consultant gives notice of such delay, City shall ascertain the facts and the extent of delay, and extend the time fur performing the services fur the period of the enfurced delay, when and if in the judgement of City, such delay is justified. City's determination shall be made in writing, and shall be :6naI and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against City fur any delay in the performance of this Agreement, however caused. Consultant's sole remedy shall be extension of this Agreement. 21. Notices. Unless otherwise provided herein, all notices required to be delivered under this Agreement or under applicable law shall be personally delivered, or delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m on the. second calendar day fullowing dispatch. Notices shall be delivered to the fullowing addresses: e To Citv: DrrectorofPublicVVorks City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 To Consultant: Hunter and Associates 13310 Firestone Blvd., Ste A-2 Santa Fe Springs, CA 90670 22. Time of Essence. Time is of the essence in the performance of this Agreement. 23. Interpretation: Severability. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed fur or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The Section headings are fur purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. Each provision of this Agreement shall be severable from the whole. If any provision of this Agreement shall be fuund contrary to law, the remainder of this Agreement shall continue in full furce. e 24. Corporate Authoritv. The person(s} executing this Agreement on behalf of the parties hereto 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, (ill) by p \1M2 CIP. c.paI.lmpmvaaC1 Pqmm.\D42 CIP l.2PSACoIlIultaatI\PIlieslaallll SCMCaI Apammt HlUlteraad AaacilUl. NPDBS S~.dDc 6 e so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement for Contract Services as of the date first set furth above. CITY OF SEAL BEACH CONSULTANT By: By: Its: City Manager Its: Attest: By: Its: City Clerk APPROVED AS TO FORM: e Quinn Barrow City Attorney e P\042 CIP-C8Pitlt lmpmYClllCllf PIopam'lD42 elP 1.2 PSA CoIllUltlaIl\Prafeulo:alil SeMcelApemeaIHua=IIIldAuoc:iBlcl-NPDES SIIiMc:eLdoc: 7 200 GENERAL REOUIREMENTS FOR THE SCOPE OF WORK e 200.1 EXAMINATION OF RFPIRFQ DOCUMENTS: The Consultant shall be solely responsible for examining the City's RFPIRFQ documents, including any addenda issued, and for infonning itself with respect to any and all conditions which may in any way affect the amount or nature of the proposal, or the performance of the Services in the event the Consultant is selected. No relief for error or omission will be given. 200.3 EMAIL: The Consuhant shall supply and maintain individual Internet E-mail addresses for each of the project managers and principals involved in the project and other consultant personnel as the City deems necessary. 200.4 INVOICES: The Consultant shall submit not more than one invoice a month and shall obtain a copy. of the accounts payable schedule. The invoice will be in a format that is acceptable to City Engineering Staff and shall detail individual personnel who worked on the project, specific tasks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, percentage of dollars spent. The Consultant shall prepare invoices that show costs against each major milestone task. e The Consultant shall notifY the City when the cumu1ative compensation payable under this Contract has reached 75% of the Contract not to exceed price. If at any time the Consultant has reason to believe that the total cost to the Authority for the performance of this Contract will be greater or substantially less that the Contract not to exceed price, the Consuhant shall notifY the Consultant in writing to that effuct and give its revised estimate of the total cost for the performance of this Contract. The notice shall state the estimated amount of additional funds required to continue performance for the remainrler ofthe contract term. In no event is the Consultant authorized to exceed the "not to exceed price" without prior written approval from the City. 200.5 COMPUTER FILES: The Consultant shall supply the City with a digital and editable copy of all files that are included in the hard copy of the report. The Consultant shall use or transfer into the following formats: Word Processing: Microsoft Word, Spreadsheets: Excel, Databases: Filemaker Pro, Microsoft Access, GIS: ArcVit:w, Drawings: Autocad, All final plans shall be submitted also on CD readable by City computers. All digital files shall be submitted on a CD ROM, The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained therein. e The Consultant agrees to provide any proprietary software or data used in conjunction with the project to the City, if requested, as long as the City pays for any additional licensing costs. 200.6 KEY PERSONNEL: The Consultant shall not reassign any personnel mentioned in the RFQlInterview process unless under extraordinary circumstances, The Consultant sha1I secure the prior written approval the City for any change or reassignment of the key personnel, submitting written documentation of the new individual's qualification. P:\042 CD" - c.pmd Impravemea.1 PJqp'Im\OG ClP 12 PSA CouuIbauI'IPmrealuul SeMcel AJramIDt HuDtc:r lIDd. AsIoc:ImaI. NPDES SaW:eIAoc 8 e The Consultant's project manager shall supervise and direct the services, and have overall responsibility for the services in accordance with the Consultant agreement and Scope of Work. The Consuhant shall be solely responsible for implementation of all services, means, methods, techniques, sequences, and procedures and for coordination of aU portions of the services, All workers shall have sufficient skill and experience to perform the work assigned to them. The City shall have the right, in its absolute discretion to require the removal of the Consultant's personnel at any level assigned to the performance of the Services at no additional fee to the City, if the City considers such removal necessary and in its best interest and request such removal in writing. Further, an employee who is dismissed for any of the above reasons shall not be re-employed on this Contract. 200.7 UNAUTHORIZED WORK: Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the City, will be considered as unauthorized and at the sole expense of the Consultant. Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof: e 200.8 AUDITS: The Consultant shaU keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall permit the Consultant to furnish the City, upon written notice, an accurate written allocation of the costs to the various elements of the Services, as may be required by the Authority. Upon reasonable advance written notice the City or its representatives shall have the right to examine, any books, records, accounts, a'nd other documents of the Consultant directly pertaining to costs when such costs are the basis ofa claim or of reimbursement to the Consultant hereunder. The Consultant will make reasonable effiJrts to assure that the any such representative is not a competitor of the Consultant to which the disclosure of such cost information would have a detrimental effect on the Consultant's business. The Consultant shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years after completion of the Services and Final Payment or if this Contract is terminated in whole or in part after the final termination agreement. 20D.9 CONSULTANT'S INTERACTION WITH MEDIA AND THE PUBLIC: The Consultant shall refer all inquiries from the news media to the City. If the Consultant receives a complaint from a citizen or the community, .the Consultant shall inform the City what action was taken to alleviate the situation. 200.10 SUBCONTRACTORSISUBCONSULTANT: The City reserves the right of prior approval of all subcontractors and retains the right to request the Consultant to terminate any subcontractor, for any reason appropriate by the City, by so ootiiYing the Consultant in writing. Should said notification be submitted to the Consultant, it shall terminate said subcontractor immediately. e The City shall have no liability to any subcontractor(s) for payment for services under this Contract or other work performed for Consultant. Any subcontract entered into by Consultant P:\OouCIP-CapiWJ:mpraYCllltlltPrqpam\042CIP 12PSA~SeMcc:lAp:cmea1H1Udaau:lAuaCl_ -1\'"PDES Serrices.doc 9 under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Consultant. e 200.11 DIRECT EXPENSES: It is expected that the Consultant has extensive knowledge and experience performing this type of work, The Consultant shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Consultant's hourly rates. Therefore, the Consultant shall receive no additional compensation beyond that which is detailed in their budget. The City will not pay for mileage charges. 200.12 INSURANCE: The Consultant shall obtain a minimum of $1,000,000 worth of professional error and omissions insurance prior to entering into an agreement with the City. The insurance requirement is non-negotiable. e e P lD4i CIP - c.pIlllllmpnmmc:at Prv.-\042 CJP 12 PSA CoDlultaata'lPmli::lliomd SeMca Apzmm.Hlmls'aadAuoc:wa -NPDBS ScrviczI doc 10 e e e 201 SPECIFIC REOUIREMENTS FOR THE SCOPE OF WORK The Consultant shall provide the fullowing services on an on call basis to the City of Seal Beach: . Program Management ofNPDES Program . Municipal Activities . Public Education . Inspection Services . Construction Support fur New Development, Redevelopment and Municipal Construction . Illegal Discharges/Illicit Connections Prior to starting any work, the consultant shall submit a detailed task order scope, fee propsal, schedule, and overall project estimate. No work shall begin without written approval by the Engineering Division. All work must be within the budgetary limits established in the project. P.\042 CJP - c.pmd ImpIVWIIlellt Propm\042 ClP 12 PSA CoasaIbmtll\Pnlf'ellicmal.servica A&maeDtHIII1Ia"IDIl Aaoc:l&tca -NPDBS S~ 11 ...; -- .. -:=...:... - .- . ~ Jo~o~,J.l~.t~~ -- Proposal for . NPDES/Stormwater Program Assistance . Qty of Seal Beach September 19, 2qD6 ~. ~\~,;,:~:.....~..,~ \{'i.':l,.,\:i1't'.\"1.;1';*, .,;"'~t ~. "...-:;..~, !i....;;:;'W~. ...........-"~t:':': ~..,~tT.'"~',i."""';-''iJ.t:i' ';i' ~ .....I...<,,,'>.J,~~ ..t"~'''' ';10:';,1:;::;. ';;;-~ 'i'~>~f:-"~/'l""~-;';;~'"' 'tt/~~'...~!,;-it...,......',.f ~,'T~ ....~...;;;:t; ;.o-:.I"'ff ~'-f" .l>J:!.?/ il t, l';r;Y;~?:1'..it"'L~;'= "'.....;.t"~.. ''',,\t- ,: "'t;;..~...;; ,.,~~<!t-": ..~:_..:;'"':'~ ..tJ'~'-'ir~~'~ I~'~U'''''~ ,"~~~.",,",,,,t~.~~j.':~ ~t.c.r~~ '\.. .4'. ...'J...'1-:f_vd.':.J..e-o:-:;; "::~"-" ~J..:;..;cir <-j." "",' '''. -....-~ ,'t.'""" , ..-e::::~ L .~-'!...'i t:~.::;~~:: The general scope of services provided under this proposal will consist of envjronment~1 consulting services for Stormwater ~Po..ES rela.tedAnspe~tions and WQMP/SWPPP related industrial/commercial plan checks in general conformance with the Santa Ana. Region Permit: .- California Regional Water Quality C;ontrol Bo~rd NPDES No. CAS618030 , . JLHA uses an integrat~d approach to NPDES services. For the purp.QSes of this scope of work, inspections, plan reviews, and other NPDES services. such as Illegal diSCharge investigations when ~equested, are ~~ndred as an )ntegrated system. ' For example; when plans are revi~wed and. approved ,with post-construction BMPs, these sites are automatically added to the inspection. qatabase. . This approach is both mor~. cost-' effective and results in the <;:ity's better overall enviionmen~1 performance. . . , e.. . .' . . This proposal is for NpDES services Jor the City of Seal Beach for 20,06-2007, NPDES Permit requ)r~s Il!lple~entatioi1 qf the ~olloVliin'g ac:t:ivities, . ...". ... . . .' Task I: Program Management and D~velppment" Task II: Municipal Activities' . Task III: Public Education . Task IV: New Development/Redevelopment.. Task V: Construction. ,. ,.- . Task vi: Existing Development : Task VII: Illegal DiScharges/Illicit Co!1neCtloJ')s The " JLHA staff will assist the City with the implementation of these tasks. ." . , " John L. Hunter and Associates (JLHA) hi;lS b~en conducting stormwater illspections, .'~ enforcement, and stormwater ,pl~n reViews 'for pL!r municipal !=lients since the outset of the NPDES Programs (1985), .. JLHA has' considerable eXperience in operatil;g compliance-based and cost-effective programs' for var:ious municipalities within the Orange, Los Angeles, and San Be:nar~ino Counties, . e -2 "- ". : Ii':. " '" 'I.: , ii.:' , , " ri' ." ii I' , 'I, :r , ". .' " 'I .{, , ,': '. , :1 .: :i k :d "I, '. " ...l .! .. rtt Joh~"~~mH~T~!~~' e~' . Proposal for NPDES/Stormwater Program Assistance City of Seal Beach September 19, 2006 ,........~.;.f.... ~,~ ~->-~ "~r'':~4 ~".I"....}......... ';'!; :-'~~"":;~8 ,,';-,.~... ~ ~~~. "\o.>"11-,~,' t>~ ....-..".....'{'.'..">.f.f:t: ...~~" .~...j.-J;; 1t~:j~~:t1.1i~~~1 ~~~f;J~~~~~1!"'~~~W~~:E;J~2~r$Jffi:l~;f!W:6~~!fff:1gf!i/!ftt:~:.i: t~:j~:~~;(~~;~ ~~s;:(~~~~;t;:'ii::k7J~~ , ,I , I For this proposal, the highlighted rates wlU be in place, Principal $120/hr Senior Project Manager $100/hr Project Manager, .' ".. ',; . . ..:;'. . :':$.~,5ih:r Projec:!:.Englneer..... .'. ..,.. .' . ", , . ....: ..:', ,,:'. '~. '::':. '::''-::' ::'$65ihr InspectOr/Project Technlcial): .,.'., . .. .', . ,". . .'.' .', ,:'~ . :,: . '. '$65ih'r Laborer (OSHA 40hr certified) $45/hr . State certified Laboratory ~nalysis Cost + 15% . ' Legal Consultation, Court Appear~nces/Document review, etc, $~5~/hr Ins~ctIon - Autq facil!tieS .: ....:: . ,-': ;::: ;': - :.. "';'" . .:' . \ . ~ ..', $85MspeC):lo~ Iri~oi1'~.Iriclustrlai/tol'11merPal'fiicilities: .' C' .... . . '::. i..,. :':~ ': .,.-, , ,".: ..,..~, $105/ri:is~pn InsM...ron - Restaurant' ;., ':: . .' , : .: :..: ~ '. . . i:" , " '"", ;.;" .;;', $6' 5~liispeC.tion' ~\'I\' . _, . ..1.._'. I._ ...... . ,'[ .'. a4-hr industrial wastewater Composite samplIng (lncludi~g setup) $1~5/locatlo~, W+hr ambient air sampling' $50/day Sewer capacity monitor (excluding set up) $1,2~9/week ,Specific chemical air mo.nltor $40/day Photo ionizationjFIame Ionization detector $50/day Combustible gas monitor $50/day . , Shallow soil or sludge sampling equipment $35/day I ' Subcontracted equipment Cost + 15% " , I ~ : , . , f I i I .; , I , ~: .. , J "I I t ! ~ ,. " .' " j' i I: .1 r I.' ., i .1'1 Ii " . . I ,,: ~ , I '. I 1 ; , . , . I. ,-I I e For Weekends, Holidays or evenings add 50% to Usted price Prices effective ~s of January 1, 2005' .' '.