HomeMy WebLinkAboutE-06 - RFP, Stormwater Permit ComplianceCONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: MARCH 21, 2016
SUBJECT: AUTHORIZATION TO SOLICIT PROPOSALS FOR STORM WATER PERMIT
COMPLIANCE CONSULTANT SERVICES
SUMMARY:
On November 8, 2012, the California Regional Water Quality Control Board (Regional Board) issued
the Municipal Separate Storm Sewer System National Discharge Elimination System (MS4 NPDES)
Permit for the County of Los Angeles Order No. R4-2012-0175, MS4 NPDES Permit No.
CAS004001), to the Los Angeles County Flood Control District and all co-permittee cities, which
includes the City of Azusa. The proposed action authorizes Staff to solicit proposals from qualified
firms for stormwater permit compliance services.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1) Authorize Staff to solicit proposals to obtain professional services for stormwater permit
compliance regarding Order No. R4-2012-0175, MS4 NPDES Permit No. CAS004001.
DISCUSSION:
The MS4 Permit generally prevents a municipal permittee (i.e. Azusa) from allowing a "discharge" of
pollutants from its MS4 system into the "navigable waters" of the United States, which include creeks,
rivers, lakes, harbors, bays, estuaries and the Pacific Ocean, where that discharge causes or contributes
to a violation of water quality standards in the navigable water. The new MS4 NPDES Permit contains
several new and continued implementation requirements. Failure to comply with these requirements
can lead to pollution violations coupled with remediation requirements and fines of over $10,000 per
day.
In response to the mandates under the new permit and the significant penalties that can be imposed for
non-compliance, Staff is recommending that a third-party firm with expertise in storm water program
development, implementation, assessment and reporting services be retained to assist the City in
APPROVED
COUNCIL MEETING
3/21/2016
Storm Water Permit Compliance
March 21, 2016
Page 2
achieving compliance. A Request for Proposals (RFP) for storm water permit compliance has been
prepared. The proposed scope of services includes:
• Illicit Connection/Illicit Discharges Detection and Elimination Program
• Public Agency Activities Program
• Industrial/Commercial Facility Inspection Program
• Public Information Participation Program
• Municipal Employee Training Program
• Spill Response Program
FISCAL IMPACT:
There is no fiscal impact associated with soliciting a Request for Proposals for storm water permit
compliance services.
Prepared by: Reviewed and Approved:
Phillip A. Flores Daniel Bobadilla, P.E.
Engineering Assistant Director of Public Works/City Engineer
Reviewed and Approved: Reviewed and Approved:
Louie F. Lacasella Troy L. Butzlaff, ICMA-CM
Management Analyst City Manager
Attachment:
1) Request for Proposals - Proposal for Stormwater Permit Compliance Consultant
Services regarding Order No. R4-2012-0175 NPDES, Permit No. CAS004001
A. PROPOSAL INSTRUCTIONS
Three (3) originals and one (1) electronic portable document format (PDF) on a compact disc of
your proposal must be submitted by 5:00P.M. on Monday, April 18, 2016.
All proposals shall be clearly marked, "PROPOSAL FOR STORMWATER PERMIT
COMPLIANCE CONSULTANT SERVICES”
Late proposals will not be accepted. Failure of, or disturbances in, any mail service is not a
legitimate reason for proposals submitted after the above due date, and time. Moreover,
facsimiles will not be accepted.
All inquiries and questions to this RFP shall be submitted in writing, and received no later than
ten (10) calendar days prior to the date set for receipt of proposal. For this RFP, all inquiries
and questions must be received prior to Monday, April 04, 2016, 5:00P.M. Any interpretation
of a specifications, materials, and/or requirement questions shall be expressed as an addendum,
which will be posted on the City’s Website (http://www.ci.azusa.ca.us) no later than five (5)
calendar days prior to the date set for receipt of proposal, which is Monday, April 11, 2016.
All inquiries, questions, and, RFP submittals shall be directed to:
City of Azusa
Phillip A. Flores
Engineering Assistant
213 East Foothill Boulevard
Azusa, CA 91702
pflores@ci.azusa.ca.us
(626) 812-5064
B. INTRODUCTION
The City of Azusa (City) hereby requests proposals from qualified firms to provide professional
services regarding the Municipal Separate Storm Sewer System National Pollutant Discharge
Elimination System (MS4 NPDES) Permit ORDER NO. R4-2012-0175, Permit NO.
CAS004001 for Stormwater Compliance Services to be in accordance with the new MS4 Permit.
REQUEST FOR PROPOSALS (RFP)
STORMWATER PERMIT COMPLIANCE
CONSULTANT SERVICES REGARDING
ORDER NO. R4-2012-0175
NPDES PERMIT NO. CAS004001
ATTACHMENT 1
Page 2
The objective of the overall project is to assist the City to become compliant by implementing
and/or completing specific tasks, and deliverables required by the permit. The Professional
Service Agreement term shall be three (3) years, which is estimated from July 2016 to July
2019 with two (2) one-year extensions for years 2019 and 2020 at the option of the City of
Azusa.
C. PROJECT DESCRIPTION / SCOPE OF SERVICES
Please see Exhibit 2 for Scope of Services.
D. GENERAL TERMS AND CONDITIONS
Accompanying this RFP is Exhibit 1, which contains a copy of the standard City agreement the
selected consultant will be required to sign for this project. Each prospective consultant is
expected to review the general terms and conditions and acknowledge their acceptance of the
Professional Service Agreement, which is Exhibit 1 in the Proposal Cover letter, or list their
objections and requested revisions in the contract requirements for City's consideration.
E. INSURANCE REQUIREMENTS
The selected firm shall maintain in force at all times during the performance of this contract the
following insurance policies:
a. Comprehensive General Liability, including contractual liability, products and completed
operations and business automobile liability, all of which will include coverage for both
bodily injury and property damage with a combined single limit of $2,000,000. The City
shall be named as “additional insured” on all policies required to be furnished.
b. Professional liability coverage with limits not less than $1,000,000 per occurrence and
$2,000,000 aggregate.
c. Workers’ Compensation coverage at statutory limits.
d. The consultant shall assume liability for the wrongful or negligent acts, errors and
omissions of its officers, agents and employees and subcontractors, and have adequate
insurance to cover such negligent acts, errors and omissions with limits of $2,000,000.
F. PROPOSAL SUBMITTAL
Please submit your proposal in the format specified below:
Table of Contents
Contents of proposal
Page 3
Section 1: Cover Letter/Executive Summary
Provide an executive summary emphasizing the strong points of the project team,
qualifications and experience. The cover letter/executive shall be signed by a person
with the official authority to bind the company, and shall include the name, address,
telephone number, title, signature of the firm’s contact person for this proposal, and
shall state that the submittal is valid for 90 days.
Section 2: Approach and Scope of Work
Include a description of the Project Description/Scope of Services as you understand
it and present a proposed work plan.
Section 3: Project Team, Key Personnel and Resumes
Provide an organization chart showing the names and responsibilities of key
personnel. Identify and provide resumes for the following key persons:
Contract Principal-in-Charge (a principal of the firm who will have the ultimate
authority and responsibility to bind the Consultant, sign agreements, assign
required personnel and resources to the City, and ensure that the services are
provided in a cost and time efficient manner.
Senior Staff Member (primary contact)
Any other additional support staff that you wish to list.
It is imperative that the key personnel conducting the Scope of Services have the
background, experience, and qualifications to complete the project. After the contract
is signed, the consultant may not replace key staff unless their employment is
terminated or agreed upon by the City. The City must approve replacement staff
before a substitute person is assigned to the Project. The City reserves the right to
request that the consultant replace a staff person assigned to the contract should the
City consider such a replacement to be in the best interest of the City.
Section 4: References
Provide 3 public agency references for similar assignments.
Section 5: Insurance
Provide a copy of firm’s current insurance certificate.
Section 6: Cost Estimate
Provide a cost estimate with figures and quantities
Page 4
Section 7: Work Schedule
Provide a project work schedule with benchmark dates.
Section 8: Firm Qualifications
Provide your firm’s service capabilities, qualifications, and experience.
G. CONSULTANT SELECTION METHODOLOGY
The City will select the most qualified consultant for contract negotiation. Negotiations
regarding a fair and reasonable price will occur subsequent to consultant selection. Should the
City be unable to obtain a fair and reasonable price through negotiations with the selected
consultant, the City will enter into negotiations with the next highest qualified bidder and may
award that contract if the parties are able to arrive at a fair and reasonable price. If that is
unattainable, the City shall enter into negotiations with the next highest qualified bidder in
sequence until an agreement is reached.
The submittals will be evaluated based upon several factors. These factors include the format,
organization, and presentation, the qualification and experience of the project staff, and the
experience in the processes and procedures of the involved regulations.
H. SCHEDULE
The preliminary schedule is as follows:
1. RFP Release Date: Monday, March 21, 2016
2. RFP Questions Due: Monday, April 04, 2016, 5:00P.M.
3. RFP Responses Due Monday, April 11, 2016
4. RFP Proposals Due Monday, April 18, 2016, 5:00P.M.
5. Proposal Evaluation Period May 2016
6. Agreement Execution: June 2016
7. Notice to Proceed: July 2016
I. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP
PREPARATION
The City shall not be liable for any pre-contractual expenses incurred by any bidder or by any
selected consultant. Each bidder shall protect, defend, indemnify, and hold harmless the City
from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the
entity participating in the preparation of its response to this Request for Proposals. Pre-
contractual expenses are defined as expenses incurred by bidders and the selected consultant,
if any, in:
Preparing and submitting information in response to this Request for Proposals.
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Negotiations with the City on any matter related to this procurement.
Costs associated with interviews, meetings, travel or presentations
All other expenses incurred by a bidder/consultant prior to the date of award and a
formal notice to proceed.
J. MISCELLANEOUS PROVISIONS
a. Any changes to the RFP requirements will be made by addendum. All addenda
shall be signed by bidders and attached to the proposal. Failure to attach any
addenda may render the proposal non-responsive and cause it to be eliminated
from consideration.
b. The City may require the selected bidder(s) to participate in negotiations and to
submit such prices, technical or other revisions of their proposals as may result
from negotiations. Bidder(s) selected for an interview may be asked to submit
"best and final" cost proposals as a final step in the selection process.
c. The City reserves the right to negotiate a professional service agreement with
more than one bidder to provide the service jointly for the agreement period.
d. All responses to the RFP become the property of the City of Azusa. At such time a
final award is made, all proposals submitted in response to this RFP become a
matter of public record and shall be regarded as public records, with the
exception of those elements in each proposal which are defined by the bidder as
business or trade secrets, and marked "Trade Secret," "Confidential" or
"Proprietary."
e. The City reserves the right to amend, withdraw and cancel this request.
f. The City reserves the right to request or obtain additional information about any and all
proposals.
g. All proposals must be sealed and clearly identify the bidder’s name, address, email address,
and phone number.
h. The City of Azusa hereby notifies all firms that it will affirmatively insure that in any
contract entered into pursuant to this invitation, the City will not discriminate against any
firm on the grounds of race, color, sex, or national origin in consideration for the award.
i. The City reserves the right to reject any or all proposals, to waive any informality or
irregularity in any proposal received, and to be the sole judge of the merits of the proposals
received.
EXHIBIT 1
PROFESSIONAL SERVICES AGREEMENT
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ________________, 20__ by
and between the City of Azusa, a municipal organization organized under the laws of the State
of California with its principal place of business at 213 East Foothill Boulevard, Azusa,
California 91702-1295 ("City") and [___INSERT NAME___], a [___[INSERT TYPE OF
ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER
LEGAL ENTITY]___] with its principal place of business at [___INSERT ADDRESS___]
("Consultant"). City and Consultant are sometimes individually referred to as “Party” and
collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing professional services
agreement to public clients, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such services for the Stormwater Permit
Compliance project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional services agreement consulting services
necessary for the Project ("Services"). The Services are more particularly described in Exhibit
"1" attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [___INSERT START
DATE___] to [___INSERT ENDING DATE___], unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall meet any
other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "2" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: [___INSERT NAMES___].
3.2.5 City’s Representative. The City hereby designates [___INSERT NAME
OR TITLE___], or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Consultant shall not accept direction or
orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates [___INSERT
NAME OR TITLE___], or his or her designee, to act as its representative for the performance of
this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full
authority to represent and act on behalf of the Consultant 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.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by
the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liability. [INCLUDE ONLY IF
APPLICABLE - DELETE OTHERWISE] Consultant shall procure and maintain, and require
its sub-consultants to procure and maintain, for a period of five (5) years following completion of
the Project, errors and omissions liability insurance appropriate to their profession. Such
insurance shall be in an amount not less than $1,000,000 [INCREASE IF NECESSARY -
OTHERWISE LEAVE AS IS AND DELETE THIS NOTE] per claim, and shall be endorsed
to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall
not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s
insurance and shall not be called upon to contribute with it in any way.
(C) Workers’ Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed [___INSERT WRITTEN DOLLAR AMOUNT___] ($[___INSERT
NUMERICAL DOLLAR AMOUNT___]) without written approval of City's
_________________. Extra Work may be authorized, as described below, and if authorized,
will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects. If the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Consultant's
principal place of business and at the project site. Consultant shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
[___INSERT NAME, ADDRESS & CONTACT PERSON___]
City:
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: [___INSERT NAME & DEPARTMENT___]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require
all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City’s
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys’ fees and other related costs and expenses. Consultant shall
defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant
shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for
any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers. [***IF FOR DESIGN PROFESSIONAL SERVICES
(ARCHITECT, LANDSCAPE ARCHITECT, ENGINEER OR LAND SURVEYOR), USE
THE FOLLOWING ALTERNATIVE LANGUAGE AND DELETE THE ABOVE
LANGUAGE. To the fullest extent permitted by law, Contractor shall defend, indemnify and
hold the City, its officials, officers, employees, volunteers, and agents free and harmless from
any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of,
pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful
misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors
arising out of or in connection with the performance of the Contractor’s Services, including
without limitation the payment of all consequential damages, expert witness fees, and attorneys’
fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost,
expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against City, its directors, officials, officers, employees,
agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may
be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in
any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors,
officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials officers, employees, agents, or volunteers.***]
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF AZUSA [INSERT NAME OF CONSULTANT]
By: By: ______________________________
Troy L. Butzlaff, ICMA-CM [Name]
City Manager [Title]
Attest:
______________________________
Jeffrey L. Cornejo
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
EXHIBIT 2
SCOPE OF SERVICES
Page 1 of 2
Task 1 – Program Assistance
Assist with preparation of the Annual Report for submittal to the California
Regional Water Quality Control Board by December 15th each year
Additional technical services upon request
Task 2 – Illicit Connection/Illicit Discharges Detection and Elimination Program
Assist with detection and elimination of potential illicit connections and illicit
discharges throughout the City.
Plot and track reported illicit connections and discharges using Geographic
Information Systems (GIS)
Track documented illicit connections and discharges record keeping and
annual reporting to the California Regional Water Quality Control Board
Task 3 – Public Agency Activities Program
Public Agency Facility and Activity Management
Prepare an inventory of City facilities within our city boundaries that are
a potential source of stormwater pollution
Incorporate facility information into a GIS layer
Provide minimum fields of information for each facility
Provide inventory updates as required (every 5 years)
Inventory of Existing Development for Retrofitting Opportunities
Prepare an inventory of retrofitting opportunities that meet the requirements
of Part VI.9.d
Retrofit opportunities shall be identified within the public right-of-way
or in coordination with a TMDL implementation plan
Screen existing areas of development to identify candidate areas for
retrofitting using watershed models or other screening level tools
Rank the areas of existing development to prioritize retrofitting candidates
EXHIBIT 2
SCOPE OF SERVICES
STORMWATER PERMIT COMPLIANCE
REGARDING ORDER NO. R4-2012-0175
MS4 NPDES PERMIT NO. CAS004001
Page 2 of 2
Task 3 – Public Agency Activities Program (continued)
Inventory of Existing Development for Retrofitting Opportunities (continued)
Evaluate results; provide list of highly feasible projects, offsite mitigation for
new development and redevelopment, and where feasible, the existing
development retrofitting program may be coordinated with other flood control
or infrastructure improvement projects
Identify any private/public partnerships
Vehicle and Equipment Washing
Conduct inventory of fleet washing areas (Police Department, 725 North
Angeleno Avenue, and Public Works Department, 809 North Angeleno
Avenue) to ensure proper BMPs are in place to either contain, or haul off for
disposal, or wash area is equipped with a clarifier or an alternative pre-
treatment device and plumb to sanitary sewer in accordance with applicable
wastewater regulations
Landscape, Park and Recreational Facilities Management
Conduct inspection of City facilities to ensure activity specific BMPs listed in
the Public Agency Facility and Activities BMPs are implemented and
maintained
Create and implement an Integrated Pest Management (IPM) program which
includes:
o Policies, procedures, and/or ordinance requiring minimal pesticide
usage and encourages IPM techniques for public agency facilities and
activities
o Prepare an annual inventory of pesticides used by all
departments
o Quantify pesticide use by staff and hired contractors
o Develop protocols for routine and non-routine application of
pesticides and fertilizers
o Develop policy for the purchase, application, and storage of
pesticides and fertilizers
Municipal Employee Training
Provide annual training to City employees in targeted positions, whose
interactions, jobs, and activities affect stormwater quality on the requirements
of the overall stormwater management program. Incorporated into the annual
training should be information on integrated pest management and illicit
connection and illicit discharges.
Design form that contractors may self-certify, providing that they have
received all applicable training required in the permit
Spill Response Plan
Develop a spill response plan for sewage and other spills that may discharge
into the MS4