CC - Item 4D - Award of a Professional Services Agreement for Municipal Separate Storm Sewer System (MS4) Permit Compliance and Support ServicesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AN CITY COUNCIL
FROM: BEN KIM, CITY MANAGE
DATE: SEPTEMBER 27, 2022
SUBJECT: AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT
COMPLIANCE AND SUPPORT SERVICES
SUMMARY
On September 7, 2021, the City awarded CWE an agreement to provide Municipal Separate Storm
Sewer System (MS4) permit (Permit) compliance and program support services to the City for a
period of eighteen months. The agreement between CWE and the City expires on December 31,
2022. As a,result, on August 18, 2022, the City released a Request for Proposal for MS4 Permit
Compliance and Support Services. The City received four proposals prior to the submittal deadline.
Based on staff s evaluation, CWE submitted the most qualified proposal demonstrating a complete
understanding of the scope of services and relevant experience with local agencies. Staff requests
that the City Council authorize the City Manager to execute a Professional Services Agreement
(Agreement) with CWE for MS4 Permit services in the negotiated amount of $162,999 for the
First Period of the Agreement, $110,775 with annual CPI increase for the Second Period, and the
Third Period in the amount based on the Second Period total amount increased by annual CPI.
On November 8, 2012, the California Regional Water Quality Control Board, Los Angeles Region
(Water Board) adopted the new county wide National Pollutant Discharge Elimination System
Permit for the County, the County Flood Control District, and 84 of the 88 incorporated cities
within Los Angeles County. This Permit became effective on December 28, 2012 and gave the
permittees options for complying with the Permit. On July 27, 2013, the City of Rosemead
selected to join the City of Los Angeles along with 17 other agencies to form the Upper Los
Angeles River (ULAR) Watershed Management Plan (WMP) group to conform to the Permit
requirements. As of July 23, 2021, the fifth term of the Permit was adopted, further complicating
permit compliance by changing established norms.
The mandated compliance with the MS4 Permit is specialized and complex. Requirements include
stormwater runoff quality testing, industrial/commercial facility inspections, City staff/contractor
education and training, community outreach, compliance with numerical limits set by Total
Maximum Daily Load (TMDL), and collaboration among permittees and agencies.
AGENDA ITEM 4.13
City Council Meeting
September 27, 2022
Page 2 of 4
The City has utilized numerous firms to assist with MS4 Permit support services over the years
and has retained CWE to manage the City's MS4 Permit program since 2018 to perform
compliance services.
DISCUSSION
On August 18, 2022, the City released RFP. No. 2022-18 MS4 Permit Compliance and Support
Services. The City received four proposals prior to the submittal deadline. A summary of the
proposals received is provided below:
FIRM (Alphabetic Order)
LOCATION
PROPOSAL AMOUNT
CASC
Glendora, CA
$137,575
CWE
Fullerton, CA
$162,9991
Socal Stormwater Solutions
Sherman Oaks, CA
$163,915
Willdan
Industry, CA
$123,284
1. CWE's initial fee proposal was $177,216. After fee negotiations a revised fee was negotiated in
the amount of $162,999.
Staff performed a comprehensive evaluation of the proposals based on compliance with the RFP
requirements including experience, understanding of scope of services, and responsiveness to the
RFP. Based on the evaluation, it was determined that CWE submitted the most qualified proposal,
demonstrating a better understanding of the scope of services by providing a tailored approach to
the City's needs and relevant experience with local agencies. Furthermore, during the evaluation,
staff entered into fee negotiations with CWE and a revised fee was negotiated in the amount of
$162,999.
CWE was specifically founded to provide NPDES services to public agencies. Their extensive
technical and regulatory expertise has been a considerable benefit to the City's MS4 Permit
compliance efforts. Within the last fiscal year, CWE has completed critical MS4 Permit
compliance tasks including preparation of the MS4 Annual Compliance Report, preparation and
submission of a Minimum Frequency of Assessment and Collection (MFAC) Plan, development
of a Safe Clean Water Program Annual Plan and Expenditure Report, completion of over 200
Industrial/Commercial Facilities Program inspections, preparation of outreach materials for
facility inspections, attendance in water group meetings, preparation of an evaluation of potential
regional BMP projects, and performed six (6) Low Impact Development (LID) reviews for
development projects. CWE has a complete understanding of the MS4 Permit and the City's
compliance requirements. Continuing to retain services from CWE is the most advantageous
option given the need to adapt to a new Permit and their familiarity with current and potential
stormwater BMP projects within the City.
The Water Board has set an MS4 Permit Compliance Period of approximately 18 -months including
an Implementation Period of 12- months from July 1st to June 30th, followed by a 6 -month
Reporting Period from July 1st to December 15th. The Implementation Period scope includes the
City's MS4 Permit implementation work to meet Permit requirements. The Reporting Period
includes preparation of reports that outline and summarize the work performed during the
City Council Meeting
September 27, 2022
Page 3 of 4
Implementation Period (July 1St — June 30a). Furthermore, during the Reporting Period,
coordination is performed between the City and ULAR to compile reports for submission to the
Water Board by December 15a. The Compliance Period schedule is performed annually and is
based on Permit guidelines.
CWE's proposed schedule for the MS4 Permit services is aligned with the Water Board's
Compliance schedule and includes a First Compliance Period of 15 -months and Second and Third
Compliance period of 18 -months as shown in Figure 1. The First Period of the Agreement includes
a duration of 15 months rather than 18 months due to 3 months of implementation work completed
under CWE's current agreement with the City which expires December 31, 2022. Furthermore,
due to the Board's Compliance schedule, there is a 6 month overlap between the Implementation
Period and previous Reporting Period as shown in Figure 1. However, the work for each period is
separate and restricted to each Compliance Period.
First Compliance Period - 15 Months'
(October 1, 2022 - December 31, 2023)
First Implementation Period - 9 Months
(October 1, 2022. lune 30, 2023) , , . 6 Months
Figure 1 - MS4 Permit Compliance Schedule
Second Compliance Period - 18 Momhs
(July 1, 2023 - December 31, 2024)
Second Implementation Period - 12 Months Second Reporting Period
(Jury 1, 2023 -June 30, 2024) 6Months
IJUIy 1.24. Dec. 31. 241
Third Compliance Period - 18 Months
(July 1, 2024 - December 31, 2025)
Third Implementation Period -12 Months Third Reporting Period
(July 1, 2024 -lune 30, 2025) ._ ._ _ . 6 Momhs-....
1. The First Period includes a duration of 15 months rather than 18 months due the 3 months of implementation work completed under CWPs current agreement which
expires December i3 2012.
The First Period includes Task 9 - Regional BMP Development Opportunities, which is a
continuation of the City's on-going analysis of potential stormwater BMP projects. Task 9 will
include preparation of a stormwater BMP project feasibility study to facilitate project design and
to support the preparation of grant and Safe Clean Water Program funding applications. The
Second and Third Periods of the Agreement excludes Task 9 and the reduced scope of work will
lower the cost of the services for the Second and Third Periods.
Staff requests that an Agreement with CWE be authorized for a one (1) 15 -month period and two
(2) 18 -month periods with the option to extend for two (2) additional 18 -month periods in the
amount of $162,999 for the First Period. The Second Period fee is in the amount of $110,775 with
an annual CPI increase, and the Third Period is in the amount based on the Second Period total
amount increased by annual CPI.
City Council Meeting
September 27, 2022
Paee 4 of 4
STAFF RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute a Professional
Services Agreement with CWE for MS4 Permit Compliance and Support Services for a term of
one (1) 15 -month period and two (2) 18 -month periods with the option to extend for two (2)
additional 18 -month periods. The First Period (October 1, 2022 — December 31, 2023) is in the
amount of $162,999. The Second Period (July 1, 2023 — December 31, 2024) is in the amount of
$110,775 with annual CPI increase and the Third Period (July 1, 2024 - December 31, 2025) is in
the amount based on the Second Period's total amount increased by annual CPI.
FINANCIAL IMPACT
The funding for the MS4 Compliance and Support Services is included in the Approved FY 22-23
Budget.
STRATEGIC PLAN IMPACT
None.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Michael Chung, P.E.
Director of Public Works
Attachment A: RFP No. 2022-18
Attachment B: CWE Proposal Dated 9/21/2022
Attachment C: Professional Services Agreement
Attachment A
Request for Proposal No. 2022-18
CITY OF ROSEMEAD
REQUEST FOR PROPOSAL NO. 2022-18
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERMIT PROFESSIONAL COMPLIANCE AND SUPPORT SERVICES
SUBMITTALS:
Three (3) bound copies and one (1) electronic PDF file on flash drive or CD of the proposal in
sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by:
no later than September 6, 2022 at 10:00 am
or
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids
at: https://I)bsystem.planetbids.com/portal/54150/portal-home
Proposals submitted through PlanetBids Vendor Portal shall be submitted no later than
September 6, 2022 at 10:00 am
CONTACT PERSON:
Michael Chung, Director of Public Works
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2158, MChung@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
Please direct questions or concerns regarding this RFP to Michael Chung, Director of Public
Works via email: MChung(&cityofrosemead.org or on the City's PlanetBids Vendor Portal by
August 25, 2022 by 5:00 pm. Answers to submitted questions will be posted on the City's
website and Planetbids.
This RFP is posted on the City's website and Vendor Portal Hosted by PlanetBids at:
https://pbsVstem.planetbids.com/portal/54150/portal-home
Please review the requirements of the RFP and submit your proposal by the date specified.
Issued by:
Michael Chung, Director of Public Works
City of Rosemead
City of Rosemead — Public Works RFP No. 2022-18
A. INTRODUCTION/OBJECTIVE
The City of Rosemead's Public Works Department is requesting proposals to provide a
Phase I Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge
Elimination System (NPDES) Permit professional compliance and support services as
required by California Regional Water Quality Control Board, Los Angeles Region
(LARWQCB) Order No. R4-2012- 0175-AO1, the amended Coastal Los Angeles County
MS4 NPDES Permit.
B. BACKGROUND
The Public Works Department administers the City of Rosemead's MS4 Permit Program
and local implementation of the City of Los Angeles led Upper Los Angeles River (ULAR)
Watershed Management Program (WMP) and Coordinated Integrated Monitoring Program
(CIMP) Plans. Permit enforcement is primarily through Rosemead Municipal Code (RMC)
Chapter 13.16.
Requested services will be provided annually from July 1St to June 301h and summarized
within individual and watershed annual reports to be submitted to the LARWQCB by
December 15th. Professional Services Agreement (PSA) and Notice to Proceed (NTP)
issuance after July 1St may result in reprioritization of task scheduling and budgets, so that
necessary work can be completed in a satisfactory and timely manner.
C. SCOPE OF SERVICES
1. Meetings: Attend kickoff meeting with City staff, twelve (12) regional meetings
(such as LAPG, ULAR, or MS4 Permit related workshops), and four (6) informal City
staff or management meetings or additional external meetings. Agenda and
summaries will be prepared for each City meeting; however formal presentations will
not be prepared.
2. Safe Clean Water Program Assistance: Propose eligible project or program
expenditures to assist in achieving compliance with the MS4 Permit. Coordinate
with City staff to compile the Safe Clean Water Municipal Program Annual Plan that
is due each year to the Los Angeles County Flood Control District (District) by April
1. Assist in preparing informational literature on the potential uses of SCW Program
funds and assist in securing potential Safe Clean Water Program grant
opportunities. Prepare the Annual Plan and Expenditure Reports with City support.
3. Annual Staff Training: State registered Qualified Industrial Stormwater Practitioner
(QISP), Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer
(QSD), or Practitioner (QSP). Consultant staff shall provide annual training
according to MS4 Permit to designated City staff:
a. Construction/Erosion Plan Review and Permitting
b. Erosion/Sediment Control Plan Inspection
c. Stormwater Targeted Public Employee and Contractor
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City of Rosemead — Public Works RFP No. 2022-18
d. Staff Illicit Connection/Illicit Discharge Response
4. Public Information and Participation Program: Develop activity specific public
education content, regarding source control BMPs, use and disposal of MS4 Permit
pollutants relevant to Rio Hondo Reach 3 and downstream receiving water
impairments, for incorporation by the City Webmaster or distribution by the City.
5. Industrial/Commercial (I/C) Facilities Program: The City of Rosemead's Business
License database consists of approximately 200 food service, 100 automotive
repair, 20 Retail Gasoline Outlets (RGO), and 6 nursery facilities, while the state
Stormwater Multiple Application and Report Tracking System (SMARTS) includes
five (5) active traditional and one (1) No Exposure Certification (NEC) Industrial
General Permit (IGP) holder. Each facility must be inspected twice, at least six
months apart on an annual basis.
Consultant would send a City reviewed pre -inspection notification letter on City
letterhead to half of the aforementioned facilities, conduct inspections using a City
reviewed form, and develop an I/C facility program tracking database with the
attributes identified in the MS4 Permit. By July first, electronic scans of the
completed inspection forms, inspection photographs, significant business specific
communications, I/C Program tracking database, and Geographic Information
System (GIS) shape files would be submitted to the City's Project Manager.
Consultant will review the City of Rosemead's Business License Fee Schedule and
provide corresponding Standard Industrial Classification (SIC) and North American
Industrial Classification System (NAICS) codes for future use by City staff, during
the licensing process. Consultant will review Primary Business Activities (PBAs) in
the Business License database and identify corresponding SIC and NAICS codes.
Consultant will provide per inspection category rates, for newly identified facilities,
follow up, and enforcement inspections. Consultant will provide the identified
number, type and associated I/C Facility inspections services, identifying additional
per inspection rates for each I/C identified category. At the conclusion of the permit
service period in June, electronic scans of the completed inspection forms,
inspection photographs, significant business specific communications, the tracking
database, and associated GIS shape file would be submitted to the City Project
Manager. The actual number and categories of inspections completed will be
subject to adjustment based on prioritization and funding.
a. Two (2) traditional (NOI) IGP facility inspections with pre -inspection notification
letter and development of a City approved IGP inspection form.
b. One (1) IGP facility NEC verification inspection with pre -inspection notification
letter.
c. One (1) IGP Non -filer (businesses with SIC codes identified in Attachment A to
the IGP) inspection with pre -inspection notification letter.
d. One (1) IGP facility inspection, with pre -inspection notification letter, leading to
Consultant drafting, or issuing on City Letterhead, an NOV letter.
e. One hundred (120) Commercial Food Service (FS) inspections with pre -
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City of Rosemead — Public Works RFP No. 2022-18
inspection notification letter and development of a City approved FS inspection
form.
f. Fifty (50) Commercial Auto Repair or RGO inspections with pre -inspection
notification letter and development of a City approved RGO inspection form.
g. Twenty (20) Other inspections or visits, with pre -inspection notification letter,
including nurseries, validation of facility closure, denial of access, assessment
of tentative SIC/IGP Attachment A applicability.
6. Redevelopment Planning: RMC Chapter 13.16.180 incorporates Los Angeles
County Code Chapter 12.84 Low Impact Development (LID) Standards in their
entirety. Consultant will provide up to eight (8) LID storm water project reviews on
an as -needed basis, for each projects of less than five acres, based on MS4 Permit
criteria. Larger projects would be reviewed on a negotiated time and materials
basis. Developer provided Project and Best Management Practice (BMP) tracking
data will be input into the Watershed Reporting Adaptive Management & Planning
System (WRAMPs), other suitable City software, or database, using City provided
identification and passwords.
7. Redevelopment Construction Inspections: On an as -needed basis, Consultant will
provide up to four (4) Erosion and Sediment Control Plan (ESCP), Construction
General Permit (CGP), or City Project Inspections as prioritized by City staff.
Consultant will draft inspection forms for City review prior to first inspection.
Correction and Enforcement (NOVs) actions will be a result of these inspections
where appropriate and forwarded to the City for signature and delivery. Permit
required construction inspection tracking data will be provided to the City Project
Manager within one week following the inspection.
8. Post -Construction BMP Inspections: City has four (6) active CGP projects identified
in SMARTS, for which LID and BMP criteria were unavailable during ULAR
Reasonable Assurance Analysis (RAA) and EWMP development. City will
assemble, for onsite review, SUSMP, SWPPP, BMP design, and maintenance
covenants for the projects. Over three (3) days, Consultant will use Best
Professional Judgment (BPJ) and City reviewed forms, to inspect and assess, the
effectiveness of visible post -construction BMPs, not inspected during the prior two
years. Consultant will record Post -Construction BMP inspection, and tracking data,
as identified in the MS4 Permit, and provide the City with GIS shape and data files
with collected observations.
9. Regional BMP Development Opportunities: The LARWQCB approved ULAR
EWMP Plan reported that City of Rosemead's pollution source control needs were
equivalent to 106 acre-feet of runoff capture. Consultant will overlay the City of
Rosemead's sub -watersheds identified in the ULAR EWMP Plan Table 7A-33 onto
a suitable aerial map provided by the City. Private and public parcels, potentially
suitable for retrofitting with BMPs as pollution source controls, will then be identified
based on criteria identified in the MS4 Permit. These parcels will be identified for
the City's Project Manager to be used by the City of Rosemead's Planning Division,
along with Permit recommended retrofitting concept identified in the MS4 Permit.
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City of Rosemead — Public Works RFP No. 2022-18
These recommendations ("smaller retrofit projects") could then be included during
Conditional Use Permit (CUP) developer negotiations and as part of the
background information provided at the City's Planning Commission Hearings. The
Consultant shall evaluate/validate the results and recommendations of the ULAR's
Pre -SIP analysis and provide guidance on the implementation of Pre -SIP
recommendations.
The City has performed a preliminary evaluation of regional BMP projects and has
identified multiple projects for strategic and cost-effective analysis. The Consultant
shall continue this evaluation, propose at least one retrofit opportunity suitable for
implementation as a regional BMP, complimentary in volume to the 80 to 106 acre-
feet of captured volume identified in the ULAR EWMP Plan for the City of
Rosemead. The proposed regional BMP should be the most cost-effective,
practical, sensible, and politically sensitive; and must include an implementation
schedule as well as financial strategies (e.g. grants, private -public partnership,
bonds, etc.), strive to comply with the on-going regulatory compliance
requirements.
Consultant will undertake a concept analysis of the regional BMP, as well as
smaller retrofit projects (particularly those requiring private/public partnership), and
identify a short list of competitive projects for the purpose of grant application, for
review by the City's Project Manager. Based on City's input, Consultant shall
prepare a feasibility study (for the suite of project[s]) suitable for submission of
future potential grant opportunities. The feasibility study should also include project
phasing (e.g. Phase 1 -- smaller projects, Phase 2 — Regional BMP, etc.) for use in
multiple grant application submittals, if deemed necessary and advantageous,
depending on various projects' readiness. For potential grant opportunities, the
Consultant should provide an estimate for preparing and supporting such a grant
application as an additional service task.
10. Trash TMDL Compliance: Prepare trash TMDL annual compliance report based on
existing LACRQB spreadsheets.
11.IDDE Illicit Discharge Detection Elimination: Consultant shall provide a time and
materials rate sheet, with point of contact, to be utilized if 24-hour, 365 day a year
environmental engineering triage and assessment services, are needed. Whenever
possible, routine IC/ID investigation and elimination services shall be undertaken
within 20 hours of Consultant notification, or 72 hours of the City having become
aware of the discharge. Actions and measures undertaken in conformance with this
paragraph will conform, as closely as possible, to the requirements of the MS4
Permit and it's objectives, including post -event documentation and enforcement
assistance. The Consultant cost estimate shall include the first 16 person hours of
routine investigation and elimination services.
12.Annual Reporting: Following each July to June service period, the Consultant will
assist City staff in preparing draft and final Individual MS4 Permit Annul Report
submittals to the ULAR EWMP Group Lead Agency. Consultant will follow
submission directions to assure that a complete and acceptable annual report is
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City of Rosemead — Public Works RFP No. 2022-18
submitted in a timely fashion.
WMP progress report: June 151h & December 15th
Annual Report December 151h
WRAMPS reporting: Utilizing WRAMPS
D. PROPOSAL SUBMITTAL FORMAT
Proposal shall be submitted in the format specified below:
Cover Letter: Provide an executive summary of your proposal.
Table of Contents: Provide contents of proposal with page number references for each
proposal section listed below.
Section 1. Approach, and Scope of Work: Provide your understanding of the
project, scope of work, schedule, and describe your approach in providing services.
Section 2. Project Team, Key Personnel and Resumes: Provide an organization
chart showing the names and responsibilities of key personnel and subconsultants.
Provide resumes of all key personnel identified in the organization chart.
Section 3. Company Qualifications: Provide qualifications of your, emphasize
similar services provided, and local experience.
Section 4. References: Provide three (3) Public Agency references for similar
projects.
Section 5. Standard City Contract and Insurance Requirements: Proposers shall
review the attached Standard City Contract and Insurance Requirements and
provide a statement that they will comply with all aspects of the Agreement or
provide any comments that they would like the City to consider.
Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they
shall be acknowledged in this section.
Section 7. Cost Proposal: Consultant shall submit a not to exceed cost proposal
listing a detailed cost for each task and sub -task; including work classification, rate,
and estimated hours for each subtask of work. The general Scope of Services
outlined herein is only provided as a guide in this Request for Proposals.
Consultants shall provide a detailed Scope of Services in their submitted Technical
Proposal as necessary to reflect the method and procedure in which they intend to
provide the required professional services, consistent with the general Scope of
Services.
Provide your firm's current Hourly Fee Rates for staff classifications who may
provide the services.
Iia,
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City of Rosemead — Public Works RFP No. 2022-18
E. CONSULTANT SELECTION SCHEDULE
1. Release of Requests for Proposals
2. Submittal of Questions
3. Response to Questions
4. Proposal Due Date
5. Proposal Evaluation
6. Optional Interview (if required)
7. Tentative City Council award
8. Tentative Start date
F. SELECTION CRITERIA
August 18, 2022
August 25, 2022 by 5:00 pm
August 30, 2022 by 5:00 pm
September 6, 2022 by 10:00 am
September 2022
September 2022
September 27, 2022
October 2022
The City will evaluate the Proposals submitted, and select the most qualified consultant. In
evaluating the Proposals, the City may consider the following factors:
• Completeness of the RFP and compliance with the required format.
• Project understanding and approach to provide the requested services efficiently.
• Experience and qualifications of the project team members.
• Experience and qualifications of the firm.
• Experience in local area and project requirements and process.
• Experience in working as an extension of City staff and providing services in similar
capacities with minimal direction from City staff.
During the evaluation process, the City may also contact listed references (or request
additional references), and include the feedback received in the evaluation factors listed
above as applicable.
G. PROPOSAL SUBMITTAL
Electronic or Hardcopy proposals will be accepted as follows:
Hardcopy Proposal Submittals:
Three (3) bound copies and one (1) electronic PDF file on flash drive or CD of the
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City of Rosemead — Public Works RFP No. 2022-18
proposal in sealed envelope(s)
Hardcopy proposals shall be addressed to:
City of Rosemead -City Hall
City Clerk's Office
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn : Ericka Hernandez, City Clerk
Electronic Proposal Submittals:
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by
PlanetBids at: https:Hpbsystem.planetbids.com/portal/54150/portal-home
Proposal submittal due date is:
September 6, 2022, at 10:00 a.m.
Late proposals will not be accepted.
H. CONTRACT PERIOD
The Contract period shall be from the date of execution through December 31st of the
following year for a three-year term and an option to extend for two, one-year terms. The
contract has the possibility of annual extensions based on performance and pending City
Council approval.
I. DISCRETION AND LIABILITY WAIVER
The City reserves the right to reject all proposals or to request and obtain, from one or
more of the environmental consultants submitting proposals, supplementary information
that may be necessary for City staff to analyze the environmental consultants' proposals,
pursuant to the selection criteria contained herein. The City is not liable for the costs
incurred by the environmental consultants for the preparation of this proposal.
The City may require environmental consultants to participate in additional rounds of more
refined submittal before the ultimate selection of an environmental consultants made.
These rounds could encompass revision of the submittal criteria in response to the nature
and scope in the initial proposals.
The Consultant, by submitting a response to this RFP, waives all rights to protest or seek
any legal remedies whatsoever regarding any aspect of this RFP. All proposals shall be
binding for a period of sixty (60) days after the delivery date and may be retained by the
City for examination and comparison.
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City of Rosemead — Public Works RFP No. 2022-18
STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS
City's Standard Professional Services Agreement is provided in Attachment A. Please
review and provide any comments you have. City does not guarantee that any revisions to
contract will be accepted.
K. PUBLIC RECORDS ACT
Proposals may be subject to public disclosure under the California Public Records Act and
other public records laws, and by submitting a proposal, the proposer waives all rights to
confidentiality of any information submitted in the proposal and agrees to any and all such
disclosures required or permitted by law. Proposals become the property of the City when
submitted and by submitting a proposal, the proposer agrees that the City may use any
information, documentation or writing contained in the proposal for any the City purpose.
L. QUESTIONS REGRADING THE RFP
Please direct any questions or concerns regarding this RFP to Michael Chung, Director of
Public Works via email: MChung@cityofrosemead.org by August 25, 2022 by 5:00 pm.
Answers to submitted questions will be posted on the Cities' website and Planetbids.
M. ATTACHMENTS
Attachment A — City Agreement and Insurance Requirements
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ATTACHMENT A - CITY AGREEMENT AND INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES AGREEMENT
[INSERT TYPE OF PROFESSIONAL SERVICE]
[INSERT COMPANY NAME]
1. PARTIES AND DATE.
This Agreement is made and entered into this this Day of _, 20
(Effective Date) by and between the City of Rosemead, a municipal organization
organized under the laws of the State of California with its principal place of business at
8838 E. Valley Blvd., Rosemead, California 91770 ("City") and [INSERT COMPANY] 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 herein 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 [INSERT TYPE OF
SERVICE] consulting services 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 ongoing professional [INSERT
NAME OF PROJECT] ("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
[INSERT COMPANY NAME]
Page 2 of 19
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 [INSERT TYPE
OF SERVICES] services necessary for the Project, herein referred to a "Services". The
Services are more particularly described in Exhibit [INSERT EXHIBIT LETTER] 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 for a [INSERT WRITTEN
YEARS] [(INSERT YEAR IN NUMBER)] year period from the Effective Date shown
above, with [INSERT WRITTEN YEARS] [(INSERT YEARS)] extension at the sole and
absolute discretion of the City, 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. 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.
[INSERT COMPANY NAME]
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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.
3.2.5 City's Representative: The City hereby designates the City Manager,
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 Agreement. 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 his/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/her professional 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 represents 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
[INSERT COMPANY NAME]
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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.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of
and in compliance with applicable 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 indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any liability to the extent found to be
arising out of any failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B attached to
and part of this agreement.
3.2.11 Safety: Contractor 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 its
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 and shall not
exceed [INSERT WRITTEN AMOUNT] Dollars [(INSERT NUMERIC AMOUNT)] and in
accordance with consultant's proposal dated [INSERT DATE]. Consultant's proposal is
hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as
[INSERT COMPANY NAME]
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described below, and 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 30 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" 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 to the extent they are applicable to Consultant. 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
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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/ 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:
[K.]►f..jnMravr5
CITY:
[INSERT COMPANY NAME]
[INSERT ADDRESS]
Attn: [INSERT PRIMARY CONTACT]
Tel: [INSERT PHONE NUMBER]
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: [INSERT CITY CONTACT]
[INSERT COMPANY NAME)
Page 7 of 19
Such notice shall be deemed made when personally delivered or when mailed, forty- eight
(48) hours by certified mail or 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.
The Documents & Data are intended for use solely with respect to the project for which
they were prepared. Any reuse or modification by City 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.
[INSERT COMPANY NAME]
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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 costs of such action as
part of prevailing party's total damages as determined by court of competent jurisdiction
or as agreed upon by the parties in settlement.
3.5.6 Indemnity and Defense.
a. Indemnity and Defense
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
Agency and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all losses, liabilities, damages, costs and expenses, including legal
counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants (or any agency
or individual that Consultant shall bear the legal liability thereof) in the performance of
services under this agreement. Consultant's duty to indemnify and hold harmless Agency
shall not extend to the Agency's sole or active negligence.
b. Duty to Defend
In the event the Agency, its officers, employees, agents and/or volunteers are made a
party to any action, lawsuit, or other adversarial proceeding arising from the performance
of the services encompassed by this agreement, and upon demand by Agency,
Consultant shall defend the Agency at Consultant's cost or at Agency's option, to
reimburse Agency for its costs of defense, including reasonable attorney's fees and costs
incurred in the defense of such matters to the extent the matters arise from, relate to or
are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is
not a condition precedent to enforcement of this provision. In the event of any dispute
between Consultant and Agency, as to whether liability arises from the sole or active
negligence of the Agency or its officers, employees, or agents, Consultant will be
obligated to pay for Agency's defense until such time as a final judgment has been
entered adjudicating the Agency as solely or actively negligent. In no event shall the cost
to defend charged to the design professional exceed the design professional's
proportionate percentage of fault.
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.
[INSERT COMPANY NAME]
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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.
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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. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required under state law in the performance of the Services. 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.
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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.
[Signatures on next Page]
CITY OF ROSEMEAD
Gloria Molleda, City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form:
[INSERT COMPANY NAME]
M
Name:
Title:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED]
Name:
Rachel Richman Date
City Attorney Title:
[INSERT COMPANY NAME]
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[INSERT COMPANY NAME]
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EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE
[INSERT COMPANY NAME]
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, Consultant agrees to amend, supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage. The policy
must include contractual liability that has not been amended. Any endorsement restricting
standard ISO "insured contract" language will not be accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy
described above. If Consultant or Consultant's employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
Workers Compensation on a state -approved policy form providing statutory
benefits as required by law with employer's liability limits no less than $1,000,000 per
accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-insured
retention for liability not covered by primary but covered by the umbrella. Coverage shall
be provided on a "pay on behalf basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is
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determined, not requiring actual payment by the insured first. There shall be no cross -
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants
or others involved in the Work. The scope of coverage provided is subject to approval of
City following receipt of proof of insurance as required herein. Limits are subject to review
but in no event less than $1 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of
the insured and must include a provision establishing the insurer's duty to defend the
Named Insured. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with an A.M. Bests rating of A- or
better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
Consultant agrees to have its insurer endorse the third -party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 (or
otherwise consistent with the insurer's endorsement). Consultant also
agrees to require all contractors, and subcontractors to do likewise.
No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the
right of subrogation prior to a loss. Consultant agrees to waive subrogation
rights against City regardless of the applicability of any insurance proceeds,
and to require all contractors and subcontractors to do likewise.
All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement
relating to the City or its operations limits the application of such insurance
coverage.
[INSERT COMPANY NAME]
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4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any
exclusion for bodily injury to an employee of the insured or of any contractor
or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall
not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall
be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage
is provided, City has the right, but not the duty, to obtain any insurance it
deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at
City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City
of any cancellation of coverage. A ten (10) day notice to City shall apply to
nonpayment of premiums. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that
any party will "endeavor' (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage (except Professional Liability and Workers' Compensation)
required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other
insurance or self-insurance available to City.
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10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of
Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subcontractors and others engaged in
the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self -insure its
obligations to City. If Consultant's existing coverage includes a deductible
or self-insured retention, the deductible or self-insured retention must be
declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or
self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to
City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does
it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the
agreement is canceled or terminated for any reason. Termination of this
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obligation is not effective until City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing
or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials and agents.
18. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue, and is not intended by any
party or insured to be limiting or all inclusive.
19. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here
to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by
this agreement. Any such provisions are to be deleted with reference to City.
It is not the intent of City to reimburse any third party for the cost of
complying with these requirements. There shall be no recourse against City
for payment of premiums or other amounts with respect thereto.
[INSERT COMPANY NAME]
Page 19 of 19
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Attachment B
CWE Proposal Dated 9/21/2022
September 6, 2022
Michael Chung, Director of Public Works
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
CM
1561 E. ORANGEfHORPE AVENUE
SUITE 240
FULLERTON, CA 92831-5202
(714) 526-7500 PHONE
(714) 526-7004 FAX
www.cwecorpxom
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Dear Michael Chung,
For many firms, stormwater management is a sideline niche; however, CWE was founded specifically to
provide specialized National Pollutant Discharge Elimination System (NPDES) services to public agencies,
and our clients trust us to initiate and complete complex stormwater planning assessments, even when
no precedent exists. We have developed and implemented comprehensive stormwater management
programs for over 50 Southern California municipalities, many of whom are within Los Angeles County
limits that require extensive coordination with the Los Angeles Regional Water Quality Control Board
(RWQCB). Our extensive expertise in stormwater management and Municipal Separate Storm Sewer
System (MS4) Permit compliance is the foundation upon which our civil, environmental, and water
resource practices were built. CWE would be honored to continue serving the City of Rosemead (City)
using our MS4 Permit compliance expertise, along with attending to and supporting the City's many
industrial and commercial business owners and operators in complying with complex and confusing MS4
Permit regulatory and reporting requirements.
CWE submits this proposal as our continued commitment to providing the leadership and resources
necessary to promote timely and responsive services that benefit your City and community — so that we
are Creating A Better Tomorrow, Today" together. We look forward to maintaining our strong
relationship with the City and welcome the opportunity to further discuss our qualifications. If you have
questions or require additional information, please contact me at (714) 526-7500 Ext. 211 or
jpereira@cwecorp.com.
Respectfully submitted,
CWE
Jason Pereira, E, CPSWQ, QSD/P, QISP
Principal
"Creating a Better Tomorrow, Today?M"
A ' City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Table of Contents
TABLEOF CONTENTS................................................................................................................. ii
1. APPROACH, AND SCOPE OF WORK..................................................................................... 1
2. PROJECT TEAM, KEY PERSONNEL, AND RESUMES............................................................. 6
3. COMPANY QUALIFICATIONS.............................................................................................. 9
4. REFERENCES.....................................................................................................................11
S. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS ..................................... 11
6. ADDENDA ACKNOWLEDGEMENT......................................................................................11
7. COST PROPOSAL.................................................................ERROR! BOOKMARK NOT DEFINED.
Appendix A — Resumes
Or
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
1. Approach, and Scope of Work
Since 1990, the State of California Regional Water Quality Control Board, Los Angeles Region (LARWQCB)
has issued progressively more challenging MS4 NPDES Permits to Los Angeles and Ventura County
municipal Permittees, including the City of Rosemead (City). On July 23, 2021, the LARWQCB adopted its
fifth term permit as Order R4-2021--0105, which became effective on September 11, 2021.
The 2012 MS4 NPDES Permit encouraged Permittees to form Watershed Management Program (WMP), or
Enhanced WMP (EWMP), groups and develop implementation plans to achieve regional Water Quality
Objectives (WQOs). The City of Rosemead, along with fifteen other cities, the Los Angeles County
Department of Public Works (LACDPW), and Los Angeles County Flood Control District (LACFCD), formed
the Upper Los Angeles River (ULAR) EWMP Group, led by the City of Los Angeles. The ULAR EWMP Plan,
approved by the LARWQCB Executive Officer on April 20, 2016, identified potential twenty-year City
project implementation costs at $110M, while the June 30, 2021, Draft revised ULAR EWMP Plan,
identified the need for approximately 48.5 acre-feet of runoff capture volume, at a cost of at least $70M.
In comparison, the Los Angeles County Safe Clean Water Program (SCWP) Municipal Program Transfer
Agreement (MPTA), annually only retums approximately $580,000 to the City of Rosemead.
Over the last several years, CWE has increasingly assisted the City of Rosemead with MS4 Permit
Compliance and related Support Services, including the recovery of nearly a quarter million dollars, in
prior City General Fund expenditures, through the SCWP MPTA. On August 29, 2018, June 30, 2019,
June 23, 2020, and September 7, 2021, the Rosemead City Council authorized City Management to
proceed with the issuance of MS4 NPDES Permit Professional Services Agreements (PSA) with CWE.
Stormwater management and MS4 NPDES Permit compliance requires agencies and their consultants to
be flexible and pragmatic to continually changing regulatory requirements and conditions. CWE assists
baseline, small, medium, and large Watershed Management Program (WMP) Permittees, including the
City of Rosemead, by furthering agency program objectives using cost-effective implementation
strategies. Last year, CWE performed twice the proposed number of Low Impact Development (LID)
plan checks, developed the Sally Tanner Park Trash Minimum Frequency of Assessment and Collection
(MFAC) Program for City Staff implementation, submitted the first SCWP MPTA cost recovery Plan, and
prepared an inventory of six Regional Best Management Practice (BMP) water quality capture facility
locations to achieve the LARWQCB required Reasonable Assurance Analysis (RAA) model goal of 50 acre-
feet of runoff capture by the City; in contrast with the twenty-eight facilities and 350 acre-feet of capacity
determined in the ULAR WMP Pre-Stormwater Investment Program (Pre -SIP) draft Plan. Following
receipt of the City Notice to Proceed (NTP), CWE will promptly meet with City Project Manager to identify
upcoming priorities and develop a strategy to implement the following MS4 NPDES Permit services.
Task 1 - Meetings
CWE has been and will continue to attend monthly ULAR WMP Group, pre -SIP, and Load Reduction
Strategy Alternative (LRS -Alt), bimonthly Los Angeles Permit Group (LAPG), and up to four (4) City
Council, City Staff, SCWP, or LARWQCB MS4 Permit meetings annually. Participation allows CWE to
identify cost-effective ULAR WMP and MS4 Permit implementation strategies for Staff adoption. We have
budgeted forty-eight (48) hours for remote meetings and follow up activities annually.
CWE7
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Task 2 - Safe Clean Water Program Assistance
CWE has assisted the City in securing $1.7M in support by drafting the City FY 2020-21, 2021-22, and
2022-23 SCWP MPTA Plans, due on the April la prior each fiscal year. CWE also prepared the FY 2020-
21 SCWP MPTA Report, which, like future reports, is due on December 15' following the fiscal year.
Based primarily on City directions, CWE will continue in annually preparing these plans and reports. Since
funds not expended within three (3) years must be returned to the SCWP, one of our objectives for this
year is to assist City Staff in better planning, budgeting, documenting, and accounting for the use of the
support.
Task 3 - City Staff and Contractor Training
Part VIII.A.3. of the 2021 LARWQCB MS4 NPDES Permit requires that City Staff and contractors be
trained in: Pesticide/Fertilizer Source Controls; Illicit Discharge Detection and Elimination (IDDE);
Construction and Erosion Source Controls; and Industrial/Commercial (I/C) Facilities Programs. Following
Field Supervisorial personnel scheduling, either at the beginning or end of a shift for staffing efficiency,
CWE made these two-hour presentations, before being suspended due to the pandemic and extensive
City Staff changes. These presentations are made by QSD/P or QISP-certified Senior CWE Management,
experienced with both private and public agency examples, using an engaging, locally relevant, Microsoft
PowerPoint° presentation for between five and twenty City Staff either remotely or at a City facility with
adequate equipment. The presentation begins with regulatory rationale and requirements, before
moving on to illustrative case studies. Six slide per page handouts are distributed for those wishing to
take notes or write questions, along with a participation sign -in sheet to include with the annual report.
City staff and contractors are encouraged to ask questions, resulting in an informative training session
that maintains staff attention.
Task 4 - Public Information and Participation Program (PIPP)
Part WILD of the tentative fifth term MS4 NPDES Permit identifies the need for "culturally effective", such
as various Asian and Hispanic languages , outreach efforts and materials to control specific exemplary
and locally relevant categories of stormwater pollutants; including documentation and informative
tracking of those cumulative activities. CWE will meet with City Staff to review the previously prepared
outreach materials and determine how they might be revised to better convey City goals and objectives,
then revise and distribute those materials during I/C, construction site, post -construction BMP, and IDDE
inspections.
Task 5 - Industrial/Commercial (I/C) Facilities Program
CWE recently completed more than two hundred (200) I/C Facility Program inspections, expanding the
City GIS -based Tracking Database to over eight hundred (800) inspection records of the approximately
three hundred (300) commercial and fifteen (15) Industrial General Permit (IGP) facilities in the City. If
selected, we will continue implementing the I/C Facilities Program and Progressive Enforcement
requirements, found in Part VIII.E. and Part VIII.B. respectively, of the 2021 LARWQCB MS4 NPDES
Permit. This includes reviewing the City Business License database for new or replacement I/C facilities,
inclusion of City identified SB -205 and SB -891 IGP scofflaws, and the State Stormwater Multiple
GE
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Application and Reporting Tracking System (SMARTS), excluding IGP Permittees jurisdictional within
adjacent communities, but claiming City or Rosemead residency. Based on enhanced biannual
(alternating year) requirements, CWE would annually notify approximately one hundred sixty (160) I/C
Facilities, using City approved verbiage and letterhead sent by United States Postal Service (USPS) first
class mail of planned visits; then conduct up to two hundred (200) initial and progressive enforcement
inspections. Scanned inspection forms, images, and enforcement notifications, would then be digitally
provided to the City, along the updated GIS -based inventory on, at minimum, an annual basis. New
inspections of compliant facilities, or those inspected by the Water Board and reported in SMARTS, will
not be reinspected for at least six (6) months from the time the prior inspection(s) were completed.
Task 6 - Redevelopment Planning
CWE would provide up to eight (8) timely, less than five (5) acre, Priority Redevelopment, Low Impact
Development (LID), or General Construction Permit (GCP) Storm Water Pollution Prevention Plan
(SWPPP) plan checks under the direction of a state certified Qualified SWPPP Developer or Practitioner
(QSD/P). Written comments are normally returned within two (2) weeks of receipt by CWE, although
extension may be required when preparing compliance submittals. Review time would be reported to the
City Project Manager, upon request, to allow recharging to the project proponents. Available required
data would be inserted into the Watershed Reporting Adaptive Management & Planning System
(WRAMPS) or other Permit -compliant GIS -based tracking database and annually provided to the City for
WMP progress and compliance reporting or regulatory audits.
Task 7 - Redevelopment Construction Inspections
CWE will annually provide up to four (4) MS4 Permit Priority Project LID, Erosion and Sediment Control
Plan (ESCP), Construction General Permit (CGP), or City Project BMP Inspections, under the direction of a
CWE QSD/P. Correction or violation notices with images, that result from these inspections, will be
forwarded to the City for signature and delivery. Inspection data will be provided to the City Project
Manager within one week of inspection.
Task 8 - Post- Construction BMP Inspections
Over three (3) days, CWE will perform on-site reviews of City assembled, SUSMP, SWPPP, BMP design,
and maintenance covenants for CGP and Priority Projects within the City, then use Best Professional
Judgment (BPI) to assess post -construction BMP implementation, maintenance, and effectiveness. CWE
will record our Post -Construction BMP inspection observations, and tracking data, as identified in the MS4
Permit, and provide the City with GIS shape and database files. Finally, CWE will provide the City with
digital records of our observational photographs, completed inspection forms, and any corrective
enforcement actions initiated.
Task 9 - Regional BMP Development Opportunities
The 2016 ULAR EWMP Plan, approved by the LARWQCB Executive Officer on April 20, 2016, committed
the City to implement challenging water quality protection and pollution source control measures by
2028, due to the Los Angeles River (LAR) Watershed Metals TMDL and 2037, due the LAR Bacteria TMDL.
GE.
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
The City summary', on Table 7A-33, identified the need for 106 acre-feet of runoff capture volume,
spread among 31 "jurisheds", to attain storm event capture volume compliance criteria; alternatively, 79
acre-feet of appropriately distributed capture volume was projected to achieve Basin Plan identified,
concentration based, Water Quality Objectives (WQOs). For both of these capture volumes, the goals
were "front -loaded" with the majority of volume being required by 2028, while the last 14 acre-feet, were
required by 2037 to comply with the Bacteria TMDL.
In contrast, Figure 7-24 from the revised June 2021 ULAR WMP Plan, which is expected to soon be
conditionally approved by the LARWQCB Executive Officer, identified less than 50 acre-feet of required
capture volume within the City and less than half of that by 2028. To implement this revised ULAR WMP
Plan, the draft ULAR pre -SIP identified 28 potential and unprioritized projects for the City of Rosemead,
that would manage up to 350 acre-feet of runoff; values far greater than identified in the soon to be
approved revised WMP Plan and likely to overwhelm the attention of City and consultant staff.
CWE prepared, for City Staff review and comment, a concept or preliminary evaluation of five potential
Regional BMP Projects with recommended implementation priorities. CWE also expanded the City Priority
Project Planning Review process to include Permit required stormwater management measures in
Condition Use Permits (CUPS) for Planning Commission consideration. Finally, we summarized the 28
potential projects, in the draft ULAR pre -SIP study, in a way that prioritizes them for staff evaluation.
Based on City Staff input and the upcoming 2028 Metals TMDL compliance deadline, that will likely be
reiterated in the LARWQCB Executive Officer 2021 rWMP Conditional Approval letter, CWE will prepare
one Project Feasibility Study, including project phasing, to support the preparation of grant and SCWP
regional BMP design and construction applications during the next submittal date in July of 2023.
Task 10 - Los Angeles River Trash TMDL Compliance
In 2021, CWE drafted, submitted for LARWQCB review, and provided City Staff implementation and
reporting guidance regarding the Sally Tanner Park Minimum Frequency of Assessment and Collection
(MFAC) procedures. We provided another City Consultant with Bid Package information that was
anticipated would lead to issuance of a County Construction Permit in early 2022. CWE will provide up to
twenty (20) hours of Trash TMDL compliance services that may include: 1) revision of LARWQCB Trash
TMDL Annual Compliance Reporting; 2) the identification and verification of undocumented catch basins;
3) assessment of catch basin trash levels; 4) identification of locations suitable for Daily Generation Rate
(DGR) studies; and 5) collecting of physical data from structural deficient catch to support reconstruction
design and bid documents.
Task 11 - Illicit Discharge Detection Elimination (IDDE) Investigations
CWE will provide up to sixteen (16) hours of timely, remote, or onsite IDDE support services on a 24 hour
per day/365 day per year basis; emphasizing public outreach, BMP recommendation, and permit
reporting. Enforcement would remain the responsibility of City Code Enforcement. Additional services
would be provided on a time and materials basis, using the provided multi-year rate sheet.
' httos://www.waterboards.ca.gov/losanaeles/water issues/programs/stormwater/municipal/watershed
management/los anaeles/upper losanaeles/20160127/UDDerLARiver revEWMP Appendix? Jan2016.Ddf
GE.
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Task 12 - WMP and Annual Reporting
For each July first to June thirtieth service period, CWE will assist City Staff in preparing the two required
WMP Progress Report submittals, due to the Board on June and December fifteenth and the Annual MS4
Permit Compliance Report due on December fifteenth. As a member of the ULAR WMP Group, City draft
submissions are typically due several months before these Board dates and only limited revisions are
typically allowed during the final month. CWE will transcribe the raw City data using the, then current,
Los Angeles County Watershed Reporting Adaptive Management & Planning System (WRAMPS)
application and forms, resorting to Microsoft Word®, Excel@, and Portable Document formats, as may be
necessary for assisting City Staff in making timely progress. Access to the electronic version of the final,
submitted, reports will be provided to City Staff.
Limitations and Assumptions
CWE recommends following an eighteen -month overlapping Professional Services Agreement (PSA) term,
to coincide with the MS4 Permit July lst to June 30th implementation period, followed by reporting
through approximately December 31st of the trailing year. We propose that first period begin on
approximtely October 1, 2022, and end on December 31, 2023. Potentially, the final period could end on
December 31, 2027. CWE has utilized the following proposal assumptions to reduce our risks and your
budget commitments during this fluid period between various draft Permit and EWMP Plan versions:
1. This proposal does not address separate agreements between the City and any WMP Group or
the San Gabriel Valley Council of Governments (SGVCOG) on behalf of a WMP Group.
2. This proposal excludes regulatory and implementation priority changes initiated by the SWRCB,
LARWQCB, ULAR or other WMP Group, legislature, or the City. Such actions may be addressed
by agreed upon changes in budget or task work, or through a separate agreement with the City.
3. This proposal responds to City RFP identified tasks, rather than potential compliance priorities.
4. Confined space entry of MS4 facilities is unnecessary and outside of our Scope of Work.
5. Installation of Full Capture System (F -CS) Connector Pipe Screens are being addressed through
the City Capital Improvement Program (CIP), using SCWP MPTA support.
6. Development of an alternative WMP implementation strategy is beyond this Scope of Work.
7. City Encroachment or Access Permits will be issued as no fee Permits.
GE
lj City of Rosemead
r\ Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
2. Project Team, Key Personnel, and Resumes
CWE, a Small Business Enterprise (SBE), has provided trusted and
distinguished civil infrastructure, water resources, and environmental
engineering services and have enhanced the quality of life of our esteemed
communities since 2006. We are privileged to have served over 150 public
municipalities, utility companies, private businesses, and federal agencies
who have benefitted from our promise of Creating a Better Tomorrow,
Today'". Our award-winning industry leaders actively work to cultivate the
engineering proteges and environmental stewards of tomorrow. We work tirelessly to bring the mastery,
creativity, and commitment necessary to deliver forward -thinking results to enhance the communities we
live, work, and play in, leaving them better for the next generation. This is the CWE standard.
CWE has been recognized by the Zweig Group as a "Hot Firm" four times and a "Best Firm To Work For"
five years in a row. "These honors not only highlight CWE's significant business growth, but also reflect
our growing staff's sense of purpose and happiness at CWE. We are eager to demonstrate how engaged
employees with the same goal of Creating a Better Tomorrow, Today'" prompt clients to return, and
show the City what benefits our dedicated engineers and scientists can bring to your table and fulfill your
NPDES compliance and implementation needs. You deserve nothing less than a trailblazing, solutions -
oriented firm to help you navigate the complicated regulatory process. CWE is that firm!
We know what you need!
CWE has been providing Industrial/Commercial (I/C),
redevelopment construction, and post -construction
BMP inspections to the City of Rosemead for the last five
years! Inspection tasks have included I/C inspections of
approximately 200 food service, 100 automotive repair, 20 retail
gasoline outlets, and six (6) nursery facilities; up to four (4)
redevelopment construction inspections once per month; post -
construction BMP inspections; and incorporating inspection data
into an electronic database containing geographic references that
allow information to be mapped and integrated into a Geographic
Information System (GIS) tracking system. Additional tasks have included: staff training on
construction/erosion plan review and permitting, erosion/sediment control plan inspections, and staff
Illicit Connection/Illegal Discharge (IC/ID) response; developing activity -specific public education content
regarding source control BMPs and use and disposal of pollutants relevant to Rio Hondo Reach 3 and
downstream receiving water impairments; redevelopment planning; public facility inventory and inventory
of regional BMP development opportunities; identifying regional BMP projects for strategic and cost-
effective analyses; public activity management; installing full capture devices and conducting Daily
Generation Rate (DGR) studies for trash Total Maximum Daily Load (TMDL) compliance; IC/ID
investigation and elimination; and annual reports submitted to the Upper Los Angeles River EWMP Group
Lead Agency.
GE.
II City of Rosemead
ate_ Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
2.1 Organization Chart
Nan Jia, PE, QSD/P
Alexa Reasoner, QSP, CESSWI
Ryan Kearns, CPSWQ, QSD/P
Allen )(ie, PE, QSD/P, QISP
Tammy Takigawa, PE, ENV SP, QSD/P
Chris Pendroy, ENV SP, CPSWQ, QSD/P
2.2 Meet Your Key Personnel
Dr. Gerald "Gerry" Greene, DEnv, PE, QEP, QSD/P is your Project
Manager. Gerry has over three decades of experience providing solutions to
NPDES MS4 permitting and compliance, data review, water quality monitoring, and
inspection challenges nearby clients such as the Cities of Azusa, Covina, Gardena,
Glendora, Huntington Beach, Huntington Park, and San Gabriel, not to mention the
City of Rosemead, have faced. Such tasks have involved extensive coordination
with watershed groups such as the Rio Hondo/San Gabriel River Water Quality
Group (RH/SGRWQG) and Los Angeles River Upper Reach 2 Watershed
Management Group (LARUR2 WMG), the Los Angeles RWQCB and the California
State Water Resources Control Board (SWRCB). Gerry's most high-profile contracts as CWE's Director of
Stormwater included developing WMPs and EWMPs within Los Angeles County limits and implementing
the CIMP plans to assess the impacts of discharges from the MS4 on receiving waters. Additionally, he
oversees inspection staff and reviews documentation for a wide variety of stormwater inspection types,
including food service establishments. Prior to joining CWE, Gerry worked for 10 years as a Principal Civil
Engineer and Stormwater Manager for the City of Downey, where he provided implementation and
renewal, program education and outreach, and training assistance as they all related to the MS4 Permit.
CWE7
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
�r
Compliance and Support Services (RFP No. 2022-18)
Jason Pereira, PE, CPSWQ, QSD/P, QISP, IGP/CGP-ToR I Principal -In -
Charge and QA/QC Manager Jason Pereira is a founding Principal of CWE with
27 years of experience in developing and implementing stormwater management
programs for compliance with NPDES Permit requirements and has prepared
numerous documents for the implementation of pollution prevention practices
including WQMPs, SWPPPs, Erosion Control Plans, SPCC Plans, and TMDL
Implementation Plans. He has worked extensively on projects to obtain tangible,
cost-effective improvements in water systems and urban runoff water quality
through proactive initiatives in regulatory compliance. As a technical expert, Jason
has presented numerous workshops on critical water -related issues at CASQA Annual Conferences and
other events.
Nan Jia, PE, QSD/P I Inspector Nan has over five years of experience providinc
implementation and monitoring services for clients such as the Rio Hondo/San
Gabriel River Water Quality Monitoring Group, LAR UR2 Watershed Monitoring
Group, Santa Ana Watershed Project Authority, and Cities of Gardena and La Habra
Heights. Her additional duties include technical report writing, database
management, water quality data analysis, assisting with SWPPP development, and
conducting I/C facility inspections for compliance with MS4 regulations.
Ryan Kearns, CPSWQ, QSD/P I Inspector Ryan has over six years of
experience in watershed management, environmental compliance, and water quality
sampling. Ryan currently assists lead scientists and engineers in environmental
compliance permitting, water quality sampling, and preparing water quality
monitoring plans and reports. He has completed over 450 I/C and FOG inspections
for the City of Huntington Beach, and more than 850 I/C and FOG inspections for
the Cities of Gardena, Azusa, and Glendora in the past eight months. Prior to
joining CWE, Ryan worked as the Project Coordinator for Inland Empire
Waterkeeper, where he conducted surface water quality monitoring, stormwater
litigation monitoring and public outreach within the middle to upper Santa Ana Watershed.
Alexa Reasoner, QSP, CESSWI I Inspector Alexa is an environmental scientist
with broad experience conducting research for environmental, aerial, and
topographic reports; assisting on environmental planning projects; fire insurance
map development; SWPPP development and reporting; inputting data entry into
clients' desired databases; conducting field sampling; and completing chain -of -
custody paperwork for sampling events. She has received a GIS accreditation from
the University of California, Los Angeles Extension Program, making her well-
equipped to handle data set collection and mapping responsibilities using existing
software and applications.
2.3 Resumes
Resumes for these key personnel and additional support staff are provided in Appendix A.
GE
A City of Rosemead
+' Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
w, Compliance and Support Services (RFP No. 2022-18)
3. Company Qualifications
To follow please find representative project descriptions and client references for sample relevant work
within the last five years.
City of Gardena MS4 NPDES Permit I/C Inspection Services
CWT has been providing the City of Gardena with increasing levels of
Los Angeles RWQCB Coastal Los Angeles County Phase I MS4 NPDES
Permit services. After being confronted by the Los Angeles RWQCB,
regarding irregular and incomplete consultant provided monitoring
data, the city approached CWE to review their monitoring and MS4
Permit I/C Facility Inspection Programs. After conferring with Board
staff to preclude conflicts for our ongoing clients, CWE prepared an
initial compliance assessment of these programs, updated City
Management on our findings, and, on short notice, assumed responsibility for their implementation. After
again conferring with Board staff, CWE successfully completed water and suspended sediment quality
monitoring at the three sites only to have the State and Regional Board issue a $714,985 Administrative
Civil Liability (ACL) enforcement action for the prior reporting irregularities, while noting potential
maximum statutory liabilities of over $12,000,000. Despite this, CWE continued to provide permitting,
interagency negotiations, dry -weather monitoring, outfall inventory, non-stormwater discharge
assessment, annual reporting, many hundreds of MS4 I/C inspections, scores of Industrial General Permit
(IGP) non -filer referrals, and submission of a State Trash Policy Implementation Plan to the Los Angeles
RWQCB. After which and despite apparently successful City initiated litigation against the state, the ACL
was rescinded. Beginning in Fiscal Year 2020-21, and despite pandemic caused constraints on the City
budget, CWE will begin providing the full gamut of 2012 MS4 Permit services and assist the City in
planning for cost-effective implementation of the fifth term MS4 NPDES Permit this year.
City of Glendora NPDES and Water Quality Administration
CWE provided NPDES Permit and Water Quality Administration services
to assist the City of Glendora with the Los Angeles County MS4 Permit,
Construction General Permit (IGP), IGP, and General Permit for
Drinking Water System Discharges. Overall services included providing
support for the Planning and Land Development, Development
Construction, I/C Facilities Control, Public Agency Activities, IC/ID
Elimination, and Public Information and Participation Programs. Tasks
included program management and regulatory support, Permittee -
owned facility Stormwater Pollution Prevention Plan (SWPPP) preparation, SWPPP and Low Impact
Development (LID) Plan review, Enforcement Response Plan development, training, construction and
industrial/commercial facility stormwater inspections, representation at Permittee meetings, and TMDL
implementation assistance. Inspection information was entered into a Microsoft Access database, and an
ArcGIS layer was developed using an attribute table with each commercial/industrial facility's coordinates.
GE.
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
�. Compliance and Support Services (RFP No. 2022-18)
San Bernardino County NPDES Stormwater Program
Regulatory Assistance
CWE provided the San Bernardino County Flood Control District
(SBCFCD) and its 17 Co -Permittees with on-call NPDES regulatory
assistance to comply with the San Bernardino County MS4 Permit since
2007. Services included: preparing an annual report and coordinating
with Co -Permittees and stakeholders; public education and outreach
services; developing Local Implementation Plans (LIPS) to fulfill MS4
Permit requirements; preparing Stormwater Program documents and
ordinances; conducting post -construction BMP inspections to verify compliance with Water Quality
Management Plans (WQMPs) and grading plans and suggested California Stormwater Quality Association
(CASQA) design provisions; technical support to execute stormwater permit requirements; qualified
SWPPP Qualified SWPPP Developer/Practitioner (QSD/P) training; strategy planning and assistance with
the preparation of the Report of Waste Discharge (ROWD) for the Fifth Term MS4 Permit; and regulatory
support for a Santa Ana RWQCB audit of the New Development and Redevelopment Program.
Los Angeles River Upper Reach 2 Coordinated Integrated
Monitoring Program Implementation
Through the Gateway Water Management Authority (GWMA), CWE is
^T• t-`' providing the Los Angeles River Upper Reach 2 Watershed
Management Area (LAR UR2 WMA), with MS4 NPDES Permit
Coordinated Integrated Monitoring Program (CIMP) implementation
services. This group is comprised of the Cities of Bell, Bell Gardens,
—Commerce, Cudahy, Huntington Park, Maywood, and Vernon, and the
M qlw�
LACFCD. Services provided have included project -specific Health and
Safety Plan (HASP) preparation; Quality Assurance Project Plan (QAPP) preparation; USACE, LACFCD, and
municipal Access and Encroachment Permit procurement; receiving and stormwater outfall water quality
monitoring; GIS based outfall inventory preparation; and Non-Stormwater Discharge (NSWD) outfall
screening. Ongoing services include project management, meeting coordination, weather tracking,
monitoring event coordination, water quality sample collection from two fixed and six rotating stormwater
outfall sites for two dry and three storm events per year, preparing field logs and site assessment photos,
laboratory coordination and Quality Assurance/Quality Control (QA/QC), data management, semi-annual
data reporting in CEDEN format, draft and final MS4 Permit consolidated annual report preparation.
Los Angeles County Flood Control District Mass Emissions
- and Tributary Station Water Quality Monitoring
CWE assisted with Mass Emissions Station Monitoring Program
implementation services for the 2020-2021 fiscal year, which includes
sampling preparation, pre -storm season equipment blank sampling,
storm tracking and sampling team coordination, wet- and dry -weather
n - sampling, data analysis, and semi-annual data reporting. Sampling
sites include the County Island Outfall Site and the Coyote Creek, Los
Angeles River, Malibu Creek, San Gabriel River, and Santa Clara River
Mass Emissions Station. CWE is utilizing ABC, Enthalpy, and Eurofins as analytical laboratories for
collected samples. In accordance with NPDES MS4 Permit Order No. R4-2012-0175, the receiving water
monitoring program determines whether RWLs are being achieved, assesses trends in pollutant
GE
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
r, Compliance and Support Services (RFP No. 2022-18)
concentrations over time or during specified conditions, and determines whether the designated
beneficial uses are fully supposed as determined by water chemistry, aquatic toxicity, and bioassessment
monitoring. CWE is currently performing the same work for the 2021-2022 and 2022-2023 fiscal years.
Additionally, CWE has assisted with several special investigations and studies on short notice, including as
the Friday, October 81^ 2021 Dominguez Channel odor investigation, when the County requested CWE to
conduct a sampling event in Carson due to a reported foul odor in Dominguez Channel that locals claimed
to be making them sick. In coordination with LACPW and LACFCD, CWE initiated sampling preparation,
determined a monitoring analysis list, and collected and submitted samples from various monitoring
locations on the same day. Following the initial sampling effort, two follow-up monitoring events were
conducted to further assist with the source investigation effort. Analytical results were thoroughly
analyzed and reported in California Environmental Data Exchange Network (CEDEN) format.
4. References
CWE is proud of our outstanding reputation for providing quality service to our esteemed clients. We
invite you to contact the following references to hear what our clients say about working with CWE!
Contact
Kevin Kwak
Telephone
(310) 217-9643
Email
kkwak()citvofaardena.oro
Contact
Alison Sweet
Telephone
(626) 914-8246
Email
asweetnocitvofolendnra.nm
Contact
Arlene Chun
Telephone
� (909) 387-8109
Email
ddene.chun(aldDW.sbcountv.aov
5. Standard City Contract and Insurance
Requirements
CWE will comply with all aspects of the Standard City Contract and Insurance Requirements.
6. Addenda Acknowledgement
No addenda were released by the City.
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City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Appendix A
Resumes
GE
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Gerald "Gerry" Greene
DEnv, PE, QEP, QSD/P
Project Manager
Dr. Gerald "Gerry" Greene has provided comprehensive water
quality services to Southern California agencies that include
development of monitoring plans, conducting water quality
sampling, providing water quality monitoring plan review,
performing feasibility studies, and assisting agencies with
environmental compliance and permitting. Prior to joining CWE,
he served as Principal Civil Engineer for the City of Downey for
over a decade, and he is well -versed in Los Angeles County
preferences, policies, and procedures. Gerry's expansive
knowledge of local, societal, and physical conditions adds a
valuable dimension to the assistance he provides to Los Angeles
County clients.
RELEVANT EXPERIENCE
City of Rosemead MS4 NPDES Permit Inspection Services
Project Manager for providing I/C, redevelopment construction,
and post -construction BMP inspections. Inspection tasks included
I/C inspections of approximately 200 food service, 100 automotive
repair, 20 retail gasoline outlets, and 6 nursery facilities; up to 4
redevelopment construction inspections once per month; post -
construction BMP inspections; and incorporating inspection data
into an electronic database containing geographic references that
allow information to be mapped and integrated into a GIS tracking
system. Additional tasks performed included: staff training on
construction/erosion plan review and permitting, erosion/sediment
control plan inspections, and staff IC/ID response; developing
activity -specific public education content regarding source control
BMPs and use and disposal of pollutants relevant to Rio Hondo
Reach 3 and downstream receiving water impairments;
redevelopment planning; public facility inventory and inventory of
regional BMP development opportunities; identifying regional BMP
projects for strategic and cost-effective analyses; public activity
management; installing full capture devices and conducting DGR
studies for trash TMDL compliance; IC/ID investigation and
elimination; and annual reports submitted to the Upper Los Angeles F
Years of Experience
31
Education
DEnv, Environmental Science
and Engineering,
University of California,
Los Angeles
MS, Biology,
California State University,
Long Beach
BA, Biology and Economics,
University of California,
Los Angeles
Registrations
Civil Engineer, CA, 55597
Qualified Environmental
Professional, 11960237
Qualified SWPPP Developer/
Practitioner, 00176
Awards and Recognition
Storm Water Solutions
magazine, "Industry Icon,"
2015
iver EWMP Group Lead Agency
Los Angeles River Upper Reach 2 Watershed Management Program and Coordinated
Integrated Monitoring Program Project Manager for the development of a WMP, CIMP plan, and
RAA for the LAR UR2 WMA. Tasks managed include developing a WMP that assesses water quality
improvements to ensure compliance with the MS4 Permit and allows the LAR UR2 WMA Permittees to
develop a plan that comprehensively evaluates opportunities to implement multi -benefit projects,
CWE7
A ' City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
research and development of the CIMP and RAA, and preparing a CIMP detailing provisions to assess
whether inflows are in compliance with M54 Permit WQBELs and demonstrating that, following the
implementation of the WMP practices and projects, discharges originating from within the LAR UR2 WMA
will be in compliance with the NPDES MS4 Permit WQBELs and RWLs. Managed the development an RAA
that characterizes the water bodies to meet the RWL and WQBEL requirements.
Los Angeles River Upper Reach 2 CIMP Implementation Project Manager providing the LAR
UR2 WMA, through the Gateway Watershed Management Authority (GWMA), with CIMP implementation
services. Services provided included preparing a project -specific Health and Safety Plan, QAPP
preparation, recommending, specifying, and procuring/leasing monitoring equipment, obtaining permits
from the LACFCD, installing receiving water, TMDL, and stormwater outfall sampling stations, GIS outfall
inventory, and non-stormwater outfall screening and monitoring. Ongoing services include project
management, coordination and meetings, pre -sampling event preparation, tracking inclement weather
and activating sampling teams, collecting and analyzing dry- and wet -weather samples from one
receiving water and TMDL site, and one fixed and six rotating stormwater outfall sites, preparing field
logs and site assessment photos, coordination with multiple laboratories and Quality Assurance/Quality
Control (QA/QC) of water quality results, data management and report preparation, semi-annual data
reporting, water quality data submission in CEDEN format, draft and final annual report preparation, and
CIMP evaluation and revision.
City of Gardena MS4 Permit Monitoring Program Services Project Manager providing the City
of Gardena with increasing levels of Los Angeles RWQCB Coastal Los Angeles County Phase I MS4 NPDES
Permit services. After being confronted by the Los Angeles RWQCB, regarding irregular and incomplete
consultant provided monitoring data, the City approached CWE to review their monitoring and MS4
Permit I/C Facility Inspection Programs. After conferring with Board staff to preclude conflicts for our
ongoing clients, Gerry managed the prepared an initial compliance assessment of these programs,
updated City Management on our findings, and, on short notice, assumed responsibility for their
implementation. After again conferring with Board staff, Gerry managed the successfully completed
water and suspended sediment quality monitoring at the three sites, only to have the State and Regional
Board issue a $714,985 ACL enforcement action for the prior reporting irregularities, while noting
potential maximum statutory liabilities of over $12,000,000. Despite this, permitting, interagency
negotiations, dry -weather monitoring, outfall inventory, non-stormwater discharge assessment, annual
reporting, many hundreds of MS4 I/C inspections, scores of IGP non -filer referrals, and submission of a
State Trash Policy Implementation Plan to the Los Angeles RWQCB were continuously provided.
City of Downey MS4 Permit Professional Services Represented municipal, watershed and
regional interests in the interpretation and subsequent implementation of disputed permit terms with
state and federal regulatory agencies. Reviewed stormwater SUSMPs for regulatory, design, and
drainage compliance. Met with project proponents, outlined SUSMP requirements, and assisted in the
identification of 303(d) list, TMDLs, and watershed specific and project specific pollutants of concern.
Negotiated terms relating to BMP definitions, retention design volumes, annual reporting requirements,
pollutant load reduction strategies, monitoring requirements, implementation schedules, catchment
definition, interagency responsibility delegation, annual fees, water quality priorities, budget reporting,
certification requirements, analytical chemistry QA/QC, and data interpretation. Successfully clarified
permit, reporting, and enforcement related disputes, and indefinitely postponed proposed regulatory
actions.
GE.
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
K, Compliance and Support Services (RFP No. 2022-18)
Jason Pereira, PE, CPSWQ, QSD/P,
QISP, CGP/IGP-ToR
Jason Pereira has 27 years of experience in developing and
implementing stormwater management programs for compliance
with NPDES Permit requirements. Before co-founding CWE, he
was responsible for the development, coordination,
implementation, and compliance of stormwater quality
management programs for the LACPW. He developed and revised
Model Stormwater Programs and other technical guidance
documents to describe implementation measures, performed
project planning and structural BMP design to enhance water
quality and conducted program effectiveness evaluations to
determine permit compliance, facilitated Watershed Management
Committee and Executive Advisory Committee meetings and
corresponded with Los Angeles RWQCB staff, prepared annual
reports, performed water quality monitoring, conducted IC/ID
investigations, provided SUSMP plan check reviews, and provided
I/C facility, municipal yard, and construction site inspections.
RELEVANT EXPERIENCE
City of Los Angeles Upper Los Angeles River Enhanced
Watershed Management Program Project Manager
assisting in the development of an EWMP for the County of Los
Angeles, Los Angeles County Flood Control District, and Cities of
Alhambra, Burbank, Calabasas, Glendale, Hidden Hills, La Ca"nada
Flintridge, Los Angeles, Montebello, Monterey Park, Pasadena,
Rosemead, San Fernando, San Gabriel, San Marino, South
Pasadena, and Temple City. Tasks managed included: enhancing
water quality measures, assessing discharges from the MS4 on
receiving waters, monitoring compliance with the Los Angeles
County MS4 Permit, identifying existing control measures,
summarizing BMP performance data, developing an effectiveness
tracking template for new developments and redevelopments, and
assessing RWL and WQBEL compliance.
City of Glendora NPDES and Water Quality
Years of Experience
27
Education
BS, Civil Engineering,
University of California,
Los Angeles
Registrations
Civil Engineer, CA, 61509
Certified Professional in
Storm Water Quality, 527
Qualified SWPPP Developer/
Practitioner, 21
Qualified Industrial
Stormwater Practitioner, 090
Industrial General Permit
Trainer of Record, 090
Construction General Permit
Trainer of Record
Awards and Recognition
Storm Water Solutions
magazine, "Industry Icon,"
2015
Administration Project Manager for ongoing NPDES Permit and Water Quality Administration services
to assist with the Los Angeles County MS4 Permit, IGP, and CGP compliance. Tasks include: providing
support for the Development Planning and Construction, Industrial/Commercial Facilities Control, Public
Agency Activities, IC/ID Elimination, and Public Education Programs; providing program management and
regulatory support; conducting a portion of more than 500 FOG inspections and 350
industrial/commercial facility stormwater compliance inspections; corporate yard facility SWPPP
preparation; SWPPP and LID plan check review; staff training; and TMDL implementation assistance.
GWE-
City of Rosemead
+\ Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Performed a Program Effectiveness Assessment of the City's Stormwater Management Plan and assessed
the FOG Control Program to determine compliance with SSO requirements.
San Bernardino County Areawide Stormwater Program Implementation Assistance
Project Manager for preparing an Annual Report and updating of the MSWMP for the County of San
Bernardino Areawide Stormwater Program to meet the requirements for the NPDES MS4 Permit for urban
stormwater discharges. Tasks managed include: coordination of meetings with Permittee staff to review
the Scope of Work and proposed project schedule, confirm project milestone dates and deliverables,
discuss available data sources and the reporting format, clarify MS4 Database use and data collection
methods, and review comments received from the RWQCB; data collection in the form of MS4 data
templates; review of collected data from the MS4 Database for discrepancies, completeness, and required
reporting; analysis of the MS4 Program's effectiveness and compliance with key permit requirements;
draft and final annual report preparation; and draft and final update of the MSWMP.
City of Visalia Development of Citywide Stormwater Management Plan Project Manager
for the preparation of a citywide Stormwater Management Plan as outlined by the SWRCB Phase II Small
MS4 General Permit for stormwater discharges. The 2013 Phase II Small MS4 General Permit identifies
permit requirements, including program management, public education and outreach, public involvement
and participation, illicit discharge detection and elimination, construction site stormwater runoff control,
pollution prevention/good housekeeping for the Permittee Operations Program, post -construction
stormwater management, water quality monitoring, program effectiveness assessment and improvement,
TMDL compliance, and an annual reporting program. Tasks include: preparing a Stormwater
Management Plan and documenting implementation progress and program effectiveness, facilitating
public participation during plan development, and preparing a five-year estimate of financial and staffing
needs for plan implementation.
City of Carson Stormwater Management and Civil Engineering Services Project Manager
for stormwater management and engineering services to comply with the Los Angeles County MS4
Permit, CGP, and Los Angeles River and Dominguez Channel TMDLs. Responsibilities included: program
management, representation at the Los Angeles River Watershed Management Committee and Los
Angeles River Jurisdictional Group 1 Metals TMDL meetings, Development Planning and Construction
Program implementation, SWPPP and SUSMP plan check reviews, City Yard post -construction BMP retrofit
investigation, technical review of the Machado Lake Toxics TMDL, development of a City specific Metals
TMDL Implementation Plan, a watershed boundary analysis to determine the City's funding and
preparation obligations for the Los Angeles River Metals TMDL Implementation Plan, and assistance in
procuring a $2.5 -million Greater Los Angeles County Region Integrated Regional Water Management
(GLACR IRWM) grant for the installation of 1,800 Automatic Retractable Screen (ARS) catch basins.
City of Santa Clarita NPDES Permit Compliance Services Project Manager for the
implementation of stormwater management programs to comply with the Los Angeles County MS4 Permit
and CGP. Tasks managed included: reviewing more than 100 SWPPPs and SUSMPs for construction and
new development and redevelopment projects; meeting with developers, architects, and engineers to
assist with the identification of opportunities to integrate stormwater BMPs and LID strategies into project
plans; stormwater compliance training; regulatory support; and assistance with audits conducted by the
Los Angeles RWQCB and USEPA.
GWE7
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
per.
Nan Jia, PE, QSD/P
Nan Jia has five years of experience in technical report writing,
database management, water quality monitoring, and water quality
data analysis. Her duties have included preparing compliance
documents, including: SWPPPs, Exceedance Response Action
Plans, and MS4 Program Effectiveness Assessment Annual Reports;
assisting municipalities to develop inspection programs and
conducting over 600 I/C inspections; conducting CGP inspections
for linear projects under the supervision of a QSP; performing
water sampling for various watershed groups and construction
projects; compiling and reviewing data on Stormwater Multiple
Application and Report Tracking System (SMARTS), preparing
water quality monitoring data into CEDEN format, and using Excel
to conduct statistical data analysis; and leading water quality
studies, such as pollutant load analysis for runoff diversion project
and BMP effectiveness studies for green street projects.
RELEVANT EXPERIENCE
Rio Hondo San Gabriel River Water Quality Group CIMP
Implementation Monitoring Lead for RH/SGRWQG CIMP
implementation services. This group is comprised of the cities of
Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre;
County of Los Angeles; and LACFCD. Services included preparing
a project -specific Health and Safety Plan (HASP), obtaining access
permits from the LACFCD, conducting Rio Hondo Pre -Load
Reduction Strategy (LRS) monitoring, GIS outfall inventory, and
Years of Experience
Education
MS, Civil and Environmental
Engineering,
University of California, Irvine
BS, Environmental Sciences,
University of Minnesota, Twin
Cities
Registrations
Civil Engineer, CA, 92333
Qualified SWPPP Developer/
Practitioner, 27876
non-stormwater outfall screening and monitoring. Ongoing services include: meeting coordination;
weather tracking; dry- and wet -weather water quality monitoring at five receiving water sites, including
Peck Road Park Lake and five stormwater outfall sites; preparing field logs and site assessment photos;
laboratory coordination; QA/QC of results; data management and report preparation; semi-annual data
submission in CEDEN format; and draft and final consolidated annual report preparation.
Los Angeles County Flood Control District Mass Emissions Water Quality Monitoring
Project Manager for mass emissions monitoring, along with preparing the draft Annual Monitoring Report
for the LACFCD. Storm event water quality samples were collected from improved and natural
conveyances, using both grab and autosampler methods for over 1,140 square miles of tributary
watershed area. Specific tasks managed included: Standard Operating Procedures (SOP) development,
Operations and Maintenance (O&M) of water quality sampling equipment; inclement weather forecasting
and tracking; client, consultant, shift change, and laboratory coordination; preparing and mobilizing two -
person sampling crews; collecting grab and composite water quality samples under inclement conditions;
conducting field analytical analyses; delivering samples under Chain -of -Custody (CoC) to designated
laboratories; and preparing stormwater event field logs and monitoring reports.
GWE
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
San Bernardino County Areawide Stormwater Program Implementation Assistance
Environmental Scientist for preparing an Annual Report and updating of the Municipal Stormwater
Management Plan (MSWMP) for the County of San Bernardino Areawide Stormwater Program to meet the
requirements for the NPDES MS4 Permit for urban stormwater discharges. Tasks include: coordination of
meetings with Permittee staff to review the Scope of Work and proposed project schedule, confirm
project milestone dates and deliverables, discuss available data sources and the reporting format, clarify
MS4 Database use and data collection methods, and review comments received from the RWQCB; data
collection in the form of MS4 data templates; review of collected data from the MS4 Database for
discrepancies, completeness, and required reporting; analysis of the MS4 Program's effectiveness and
compliance with key permit requirements; draft and final annual report preparation; and draft and final
update of the MSWMP.
City of Huntington Park MS4 NPDES Permit Inspection Services Inspector providing 20 to 30
MS4 Permit maintenance inspections for I/C facilities and a variety of other inspection services per year
to the City of Huntington Park. To alleviate an inspection backlog using funds that would otherwise be
lost, CWE developed a business outreach program and then utilized eight staff members to successfully
completed 549 facility inspections and visits in only six weeks. Tasks include: updating the City Business
License Database to conform with MS4 Permit requirements; establishing business inspection criteria and
priorities; developing effective industry -specific outreach letters; preparing inspection checklists and
forms; conducting comprehensive field inspections of the facilities, including drainage characteristics
reviews, pollutant source identification, and illicit discharge control; documenting observed conditions for
education or enforcement; and developing geographic references to facilitate future integration into a
GIS tracking system.
City of Huntington Beach Industrial/Commercial, Construction, and FOG Inspections
Environmental Compliance Inspector for providing over 150 I/C inspections and over 1,000 Fats, Oils, and
Grease (FOG) inspections for food service locations in the City of Huntington Beach. The I/C inspections
are required per the North Orange County MS4 Permit and the FOG inspections under General
Pretreatment Regulations (40 CFR Part 403), which requires industrial dischargers to use treatment
techniques and management practices to reduce or eliminate the discharge of harmful pollutants to
sanitary sewers. Tasks included preparing inspection checklists and forms, conducting I/C and FOG
inspections, identifying pollutants and illicit discharges into the storm drain system, documenting
observed conditions, providing owners/operators with educational materials to prevent future violations,
and incorporating data into an electronic database containing geographic references that allow
information to be mapped and integrated into a GIS tracking system.
City of Moreno Valley NPDES Consulting and WQMP Plan Check Services Plan Check
Support on Water Quality Management Plans (WQMPs) for the City of Moreno Valley. Receives both
preliminary and final WQMPs from developers and performs review services per the NPDES MS4 Permit,
Riverside County LID BMP Design Manual, and the Guidance Manual. The task involves careful inspection
of submitted documents, deep knowledge of the relevant local ordinances, and frequent communications
with developers and with City planning and engineering staff members. Redlined plans, documents, a
review checklist, and a comment letter are prepared and returned to the developer (if changes are
needed) within 10 days.
CWE7
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
K Compliance and Support Services (RFP No. 2022-18)
Ryan Kearns, CPSWQ, QSD/P
Ryan Kearns has six years of experience in watershed
management, environmental compliance, and water quality
sampling. Prior to joining CWE, he worked as the Project
Coordinator for Inland Empire Waterkeeper, where he conducted
surface water quality monitoring, stormwater litigation monitoring
and public outreach within the middle to upper Santa Ana
Watershed. He now performs environmental compliance
permitting, water quality sampling, and preparing water quality
monitoring plans and reports.
RELEVANT EXPERIENCE
City of Rosemead MS4 NPDES Permit Inspection
Years of Experience
Services Inspector for providing I/C, redevelopment Education
construction, and post -construction BMP inspections for the City of BS, Chemical Engineering,
Rosemead. Inspection tasks included I/C inspections of University of California,
approximately 200 food service, 100 automotive repair, 20 retail Riverside
gasoline outlets, and six (6) nursery facilities; up to four (4)
redevelopment construction inspections once per month; post- Registrations
construction BMP inspections; and incorporating inspection data Certified Professional in
into an electronic database containing geographic references that Storm Water Quality, 1317
allow information to be mapped and integrated into a GIS tracking Qualified SWPPP Developer/
system. Additional tasks performed included: staff training on Practitioner, 28158
construction/erosion plan review and permitting, erosion/sediment
control plan inspections, and staff IC/ID response by one of CWE's
registered QISPs; developing activity -specific public education content regarding source control BMPs and
use and disposal of pollutants relevant to Rio Hondo Reach 3 and downstream receiving water
impairments; redevelopment planning; public facility inventory and inventory of regional BMP
development opportunities; identifying regional BMP projects for strategic and cost-effective analyses;
public activity management; installing full capture devices and conducting DGR studies for trash TMDL
compliance; IC/ID investigation and elimination; and annual reports submitted to the Upper Los Angeles
River EWMP Group Lead Agency.
City of Visalia Citywide Stormwater Management Plan Development Environmental
Scientist for the preparation of a citywide Stormwater Management Plan as outlined by the SWRCB Phase
II Small MS4 General Permit for stormwater discharges. The 2013 Phase II Small MS4 General Permit
identifies permit requirements, including program management, public education and outreach, public
involvement and participation, illicit discharge detection and elimination, construction site stormwater
runoff control, pollution prevention/good housekeeping for the Permittee Operations Program, post -
construction stormwater management, water quality monitoring, program effectiveness assessment and
improvement, TMDL compliance, and an annual reporting program. Tasks include: preparing a
Stormwater Management Plan and documenting implementation progress and program effectiveness,
facilitating public participation during plan development, and preparing a five-year estimate of financial
and staffing needs for plan implementation.
GE.
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
M, Compliance and Support Services (RFP No. 2022-18)
Santa Ana Watershed Project Authority Water Quality Study Impact of Homelessness
Environmental Scientist for the development of a preliminary monitoring plan to assess potential impacts
to water quality, riparian areas, and aquatic habitats from the presence of homeless encampments in the
Upper Santa Ana River Watershed. While homeless encampments have the potential to impact water
quality in a number of ways, including through trash and wildfires, data that directly links homeless
encampments to water quality impairment is limited. The monitoring plan was prepared in alignment
with California SWRCB protocols to quantify homelessness impacts on water quality. The preliminary
monitoring plan and approach was presented to the SAWPA Commission and Middle Santa Ana River
TMDL Task Force. Through the future implementation of this monitoring program, SAWPA and
watershed stakeholders will be able to analyze collected data points and trends to make critical decisions
and prioritize resources to reduce and/or eliminate the most significant contributors to water quality and
habitat degradation.
Santa Ana Watershed Project Authority Middle Santa Ana River Bacteria TMDL
Monitoring Program Implementation Monitoring Support performing water quality monitoring
services to assist the Santa Ana Watershed Project Authority (SAWPA) with Bacteria TMDL compliance
through implementing the Santa Ana River Watershed Bacteria Monitoring Plan and QAPP. The program
covers the entire Santa Ana River Watershed, including the southwestern part of San Bernardino County,
northwestern part of Riverside County, and a small portion of Los Angeles County. Tasks include:
calibrating and maintaining field meters; preparing CoC forms; obtaining and labeling sample containers;
decontaminating sample collection materials using the disinfection/rinse method; collecting grab samples
at various creeks, rivers, and channels during dry- and wet -weather events; making field observations,
photo documentation, and recording observational data; operating field meters for measuring field
parameters for temperature, dissolved oxygen, conductivity, turbidity, and pH; and delivering the
samples under CoC to the laboratory within limited sample hold times.
City of Gardena MS4 Permit Monitoring Program Services Monitoring and Inspection Support
providing the City of Gardena with increasing levels of Los Angeles RWQCB Coastal Los Angeles County
Phase I MS4 NPDES Permit services. After being confronted by the Los Angeles RWQCB, regarding
irregular and incomplete consultant provided monitoring data, the City approached CWE staff to review
their monitoring and MS4 Permit I/C Facility Inspection Programs. After conferring with Board staff to
preclude conflicts for our ongoing clients, an initial compliance assessment of these programs was
prepared, updated City Management on the findings, and, on short notice, assumed responsibility for
their implementation.
Los Angeles River Upper Reach 2 CIMP Implementation Monitoring Lead providing the LAR
UR2 WMA, through the GWMA, with CIMP implementation services. Services provided included preparing
a project -specific Health and Safety Plan, QAPP preparation, recommending, specifying, and
procuring/leasing monitoring equipment, obtaining permits from the LACFCD, installing receiving water,
TMDL, and stormwater outfall sampling stations, GIS outfall inventory, and non-stormwater outfall
screening and monitoring. Ongoing services include project management, coordination and meetings,
pre -sampling event preparation, tracking inclement weather and activating sampling teams, collecting
and analyzing dry- and wet -weather samples from one receiving water and TMDL site, and one fixed and
six rotating stormwater outfall sites, preparing field logs and site assessment photos, coordination with
multiple laboratories and QA/QC of water quality results, data management and report preparation, semi-
annual data reporting, water quality data submission in CEDEN format, draft and final annual report
preparation, and CIMP evaluation and revision.
GE.
A City of Rosemead
-f' Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Alexa Reasoner, QSP, CESSWI
Alexa is an environmental scientist with broad experience
conducting research for environmental, aerial, and topographic
reports; assisting on environmental planning projects; fire
insurance map development; SWPPP development and reporting;
inputting data entry into clients' desired databases; conducting
field sampling; and completing chain -of -custody paperwork for
sampling events. She recently received a GIS accreditation from
the University of California, Los Angeles Extension Program,
making her well-equipped to handle data set collection and
mapping responsibilities using existing software and applications.
RELEVANT EXPERIENCE
City of Gardena MS4 Permit, Water Quality Monitoring,
and Compliance Services Environmental Scientist for the
development of public outreach materials as part of the
requirements for Public Information and Participation Program to
maintain coverage under the NPDES Phase I MS4 Permit issued by
the County of Los Angeles. Tasks include advertising and
announcing stormwater pollution prevention and disseminate
information of proper handling and disposing of possible
pollutants.
City of La Habra Heights MS4 Permit Water Quality
Years of Experience
Education
BS, Environmental Science
and Policy, 2015,
California State University,
Long Beach
Registrations
OSHA 40 -Hour HAZWOPER,
No.2102191363122
Certified Erosion, Sediment,
& Storm Water Inspector,
00007267
Monitoring Environmental Scientist providing dry- and wet- Qualified SWPPP Practitioner,
weather water quality monitoring, sample collection services, and 28177
preparing data in CEDEN format. Preparing sample containers and
collection equipment; calibrate field parameter measurement instruments (YSI, ProDSS); interpret
weather forecasts; coordinate staff schedules; access difficult to reach monitoring locations during
inclement conditions; photographically record observed field conditions; collect water quality samples,
duplicates, and blanks; collect and verify field parameter measurements; complete water quality
monitoring safety and field logs; review and interpret analytical laboratory data reports.
San Bernardino County On -Call Mojave River Watershed Group MS4 Permit
Implementation Environmental Scientist assisting the County of San Bernardino, Town of Apple
Valley, and Cities of Hesperia and Victorville, with the preparation of four Unified Annual Reports
documenting implementation of the watershed's Stormwater Management Programs and compliance with
the Phase II Small MS4 General Permit. Also developing a Model Stormwater Ordinance to address the
General Permit requirements and incorporated new development and redevelopment provisions with LID
strategies for the high desert region. Other on-call stormwater management services include program
management, revision of the existing Stormwater Management Program, preparation of reports and plans
to meet permit requirements, development and assistance with stormwater program implementation,
research to proficiently respond to document reviews, technical and regulatory support, and performance
of permit compliance related services as deemed necessary by the member agencies.
CWE7
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
City of Visalia Citywide Stormwater Management Plan Development Environmental
Scientist for the development of the Enforcement Response Plan to maintain coverage under the NPDES
Phase II MS4 General Permit and to establish legal authority to employ enforcement actions to correct
violations pertaining to non-stormwater or unauthorized discharges. The 2013 Phase II Small MS4
General Permit identifies permit requirements, including program management, public education and
outreach, public involvement and participation, illicit discharge detection and elimination, construction site
stormwater runoff control, pollution prevention/good housekeeping for the Permittee Operations
Program, post -construction stormwater management, water quality monitoring, program effectiveness
assessment and improvement, TMDL compliance, and an annual reporting program. Tasks include:
preparing a Stormwater Management Plan and documenting implementation progress and program
effectiveness, facilitating public participation during plan development, and preparing a five-year estimate
of financial and staffing needs for plan implementation.
Los Angeles County Flood Control District Mass Emissions Water Quality Monitoring
Environmental Scientist for mass emissions monitoring, along with preparing the draft Annual Monitoring
Report for the LACFCD. Storm event water quality samples were collected from improved and natural
conveyances, using both grab and autosampler methods for over 1,140 square miles of tributary
watershed area. Specific tasks managed included: Standard Operating Procedures (SOP) development,
Operations and Maintenance (O&M) of water quality sampling equipment; inclement weather forecasting
and tracking; client, consultant, shift change, and laboratory coordination; preparing and mobilizing two -
person sampling crews; collecting grab and composite water quality samples under inclement conditions;
conducting field analytical analyses; delivering samples under Chain -of -Custody (CoC) to designated
laboratories; and preparing stormwater event field logs and monitoring reports.
Los Angeles River Upper Reach 2 CIMP Implementation Environmental Scientist providing
sampling, draft and final annual report preparation, semi-annual CEDEN format data submission, and a
SCWP annual plan as part of CIMP implementation services provided for the LAR UR2 WMA, through the
GWMA. This group is comprised of the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park,
Maywood, Vernon, and the LACFCD. Services provided have included preparing a project -specific HASP;
QAPP preparation; obtaining access and encroachment permits from the USACE, LACFCD, and local
municipalities; GIS outfall inventory; and non-stormwater discharge outfall screening. Additional ongoing
services include meeting coordination, weather tracking, dry- and wet -weather water quality monitoring
at two fixed and six rotating stormwater outfall sites, preparing field logs and site assessment photos,
laboratory coordination, QA/QC of results, data management.
Rio Hondo/San Gabriel River Water Quality Group CIMP Implementation Environmental
Scientist providing sampling, draft and final annual report preparation, and semi-annual CEDEN format
data submission as part of Rio Hondo/San Gabriel River Water Quality Group CIMP implementation
services. This group is comprised of the cities of Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra
Madre; County of Los Angeles; and LACFCD. Services included preparing a project -specific HASP,
obtaining access permits from the LACFCD, conducting Rio Hondo Pre -LRS monitoring, GIS outfall
inventory, and non-stormwater outfall screening and monitoring. Additional ongoing services include:
meeting coordination; weather tracking; dry- and wet -weather water quality monitoring at five receiving
water sites, including Peck Road Park Lake and five stormwater outfall sites; preparing field logs and site
assessment photos; laboratory coordination; QA/QC of results; and data management and report
preparation.
GE
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Tammy Takigawa, PE, ENV SP,
QSD/P
Tammy Takigawa is a professional engineer and has been
involved with a variety of civil design, water resources, and
stormwater management projects. She has conducted thorough
research on several projects for local municipalities, which
involved compiling data and records related to utilities, hydrology
and hydraulics, existing facility plans, and water quality. Tammy's
duties include utilities research, BMP design, LID planning and
implementation, permitting, stormwater compliance, and
feasibility assessments.
RELEVANT EXPERIENCE
City of Glendora NPDES and Water Quality
Years of Experience
6.5
Education
Administration Assistant Engineer for ongoing NPDES Permit
BS, Civil Engineering,
and Water Quality Administration services to assist the City with
California State University,
Los Angeles County Municipal NPDES Stormwater Permit, IGP, and
Long Beach
CGP compliance. Tasks include: providing support for the
Registrations
Development Planning and Construction, Industrial/Commercial
Civil Engineer, CA, 92021
Facilities Control, Public Agency Activities, IC/ID Elimination, and
Public Education Programs; providing program management and
Envision TM Sustainability
regulatory support; conducting a portion of more than 600 FOG
Professional Credential,
inspections and 350 industrial/commercial facility stormwater
21840
compliance inspections; corporate yard facility SWPPP
Qualified SWPPP Developer/
preparation; SWPPP and LID Plan check review; staff training
Practitioner, 27889
(Industrial SWPPP, IC/ID, Public Agency Activities, FOG, and LID
Plan review); representation at Permittee meetings; and TMDL implementation assistance. Performed a
Program Effectiveness Assessment of the City's Stormwater Management Plan and assessed the FOG
Control Program to determine compliance with SSO requirements.
San Bernardino County Flood Control District On -Call Professional Engineering and
Regulatory Compliance Services for NPDES Phase I MS4 Permit Implementation
Assistance Assistant Engineer for as -needed NPDES Phase I MS4 Permit Implementation Assistance
services provided to the County of San Bernardino and SBCFCD. Services performed include: collecting
ROWD data, attending an Orange County MS4 Permit hearing on the County's behalf, providing staff
augmentation with CG Resource Management and Engineering, preparing a Proposition 1 planning grant
workplan and application for a Stormwater Resource Plan, post -construction BMP inspections, LIP
preparation for both the County and SBCFCD, and assisting with regulatory support for a Santa Ana
RWQCB audit of the New Development and Redevelopment Program.
Rio Hondo San Gabriel River Water Quality Group Enhanced Watershed Management
Program This project was the recipient of the 2016 ASCE Metropolitan Los Angeles Branch Outstanding
Water Treatment Project of the Year Award. Assistant Engineer for the development of an EWMP for the
Rio Hondo/San Gabriel River Water Quality Group to enhance water quality, comply with the MS4 Permit,
and provide other multiuse benefits. The Group consists of the County of Los Angeles, LACFCD, and the
GWE.
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
x Compliance and Support Services (RFP No. 2022-18)
Cities of Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre. Tasks included: developing
project concepts for groundwater recharge and water quality enhancement; developing an EWMP Work
Plan, RAA, and CIMP; regional project planning and screening; meetings with the Group to discuss
progress; and project schedule and cost estimate development. The project also included the
preparation of an NOI to develop the EWMP and CIMP.
City of Los Angeles Proposition O BMP Optimization Water Quality Monitoring Engineer
coordinating three wet -weather and three dry -weather monitoring events annually at 10 Proposition 0
project locations. Tasks include: development of a Proposition 0 monitoring plan and Quality Assurance
Project Plan (QAPP), weather forecasting and tracking, coordination of sampling events with the City of
Los Angeles' Emergency Management Department (EMD), sample bottle preparation, field analytical
analysis, field observation logging, collection and delivery of samples, data processing and analysis, and
event summary technical memorandums. Monitoring is conducted at a total of thirty-five sites among the
following Proposition 0 locations: Echo Park Lake, Grand Boulevard Tree Wells, Hansen Dam Wetlands
Restoration, Imperial Highway Sunken Median, Mar Vista Recreation Center, Oros Green Street, Peck
Park Canyon Enhancement, Penmar Water Quality Improvement, South LA Wetlands, and Westside Park
Irrigation. Various sites provide safety challenges, including lakes, median strips, underground vaults,
and vehicle traffic. Monitoring includes analysis of constituents such as nutrients, metals, algae, bacteria,
and pesticides. Results are analyzed in comparison with applicable limitations due to Total Maximum
Daily Loads (TMDLs), California Toxic Rule (CTR), the basin plan, and Municipal Separate Storm Sewer
System (MS4) permit requirements. Results are utilized to assess Best Management Practice (BMP)
functionality and effectiveness in order to make recommendations and coordinates with the City and
other consultants to identify program challenges and accomplishments.
San Bernardino County NPDES Stormwater Program Regulatory Assistance and Related
Services Assistant Engineer for providing On -Call NPDES Permit Compliance Services to the San
Bernardino County Flood Control District (SBCFCD) and 17 Co -Permittees. Services provided included:
QSD/P training, development of a model stormwater and LID ordinance, assistance with a Regional Board
audit of the County's New Development and Redevelopment Program, annual report preparation and
coordination, development of the County and Flood Control District Local Implementation Plans,
Stormwater Management Plan implementation assistance, and technical support to execute stormwater
permit requirements.
Los Angeles River Upper Reach 2 CIMP Implementation Monitoring Support for CIMP
implementation services provided for the LAR UR2 WMA, through the GWMA. This group is comprised of
the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon, and the
LACFCD. Services provided have included preparing a project -specific HASP; QAPP preparation; obtaining
access and encroachment permits from the USACE, LACFCD, and local municipalities; GIS outfall
inventory; and non-stormwater discharge outfall screening. Ongoing services include meeting
coordination, weather tracking, dry- and wet -weather water quality monitoring at two fixed and six
rotating stormwater outfall sites, preparing field logs and site assessment photos, laboratory
coordination, QA/QC of results, data management, report preparation, semi-annual CEDEN format data
submission, and draft and final annual report preparation.
GE.
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
M Compliance and Support Services (RFP No. 2022-18)
Allen Xie, PE, QSD/P, QISP
Allen Xie has 12 years of experience in inspections, monitoring,
SWPPP development, hydraulic analysis, and civil design. He has
performed duties including developing SWPPPs for industrial and
municipal facilities, conducting environmental monitoring for
industrial facilities, conducting groundwater monitoring,
performing hydraulic analysis, conducting site assessments,
conducting hydraulic studies, analyzing lab and field data to
comply with regulatory permits, preparing traffic control studies,
preparing and submitting compliance reports, and preparing
seismic calculations for treatment structures. Allen has conducted
inspections in remote locations for utility substations, landfills, and
wastewater treatment plants to assess BMP implementation and
effectiveness and good housekeeping measures.
RELEVANT EXPERIENCE
City of Huntington Park MS4 NIPDES Permit Inspection
Services Inspector providing urban stormwater inspection
services to assist the City of Huntington Park with MS4 Permit
compliance. Successfully completed 549 inspections and facility
visits over six consecutive weeks in 2016 as part of an organized
team. Tasks performed included establishing inspection criteria,
preparing inspection checklists and forms, conducting IGP and
FOG inspections, comprehensive field inspections, including
drainage characteristics reviews and post -construction BMPs,
identification of pollutants and illicit discharges into the storm drain
system, documenting observed conditions, providing educational
materials, and incorporating data into an electronic database
containing geographic references that allow the information to be
mapped and integrated into a GIS tracking system.
Years of Experience
IN
Education
MS, Civil Engineering,
California State University,
Fullerton
BS, Civil Engineering,
California State Polytechnic
University, Pomona
Registrations
Civil Engineer, CA, 85112
Qualified SWPPP
Developer/Practitioner,
C85112/27157
Qualified Industrial
Stormwater Practitioner,
PE85112
Los Angeles County Public Works On -Call Environmental Compliance Management
Environmental Compliance Manager I assisting the LACPW's Environmental Compliance Project Manager
and representing County's interests in the management of environmental compliance services for
construction projects, including dewatering, and the excavation, handling and disposal of contaminated
soil and water in addition to other hazardous materials, and noise and air concerns. Tasks include, but
are not limited to, site assessment and mitigation reports; investigations including field exploratory
borings and analytical testing of the soil and water samples; reviewing construction plans, contract
specifications, special provisions, and other documents; obtaining NPDES and Waste Discharge
Requirement (WDR) permits for dewatering treatment systems, surface water diversion systems, and
groundwater monitoring wells; preparing SWPPPs and conducting stormwater compliance training for
appropriate staff; maintaining an in-house staff of professionals certified to perform asbestos or lead-
based paint surveys; South Coast Air Quality Management District (SCAQMD) Rule 402, 403, 1166, 1466
and visual emissions evaluations; emission standards and regulations for vehicles; noise monitoring and
mitigation; and work plan, HASP, and sampling and quality assurance document review.
GE.
1�City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
K Compliance and Support Services (RFP No. 2022-18)
City of Glendora Industrial/Commercial Facility Inspections Senior Engineer performing I/C
facility inspections in compliance with the 2012 MS4 Permit for the City of Glendora. Tasks include:
identifying I/C facilities requiring inspections and performing I/C facility inspections for 605 locations.
Additional tasks include: notation of BMPs implementation, assessment of BMP effectiveness,
identification of BMP deficiencies, documentation of non-stormwater discharges and illicit connections,
noting missing BMPs that are identified in the facility's SWPPP, photographing areas of concern, and
working with the facility manager and/or responsible party to identify deficiencies and provide examples
of BMP solutions to implement and mitigate the deficient condition.
Water Replenishment District of Southern California Staff Augmentation for Permitting
Support Services Permitting Support providing more than 2,200 hours of staff augmentation from
September 2019 to December 2021 for services under the instructions of the Water Quality and
Regulatory Compliance Specialist. Tasks to cover the Water Replenishment District of Southern
California's (WRD's) 420 -square -mile service area include preparing, filing and maintaining all regulatory
applications, reports, and records for NPDES permits, WDR permits, IGPs, Title 22 Engineering Reports,
and five-year engineering reports; managing various permits and making modifications and renewals as
necessary; reviewing water quality data, laboratory reports, and operation data; QA/QC of monthly,
bimonthly, quarterly, semi-annual, and annual reports; communicating with operations staff, laboratory
staff, and WRD staff as necessary to complete tasks; QA/QC of WRD's water quality database and
historian operation database; and reviewing and documenting current regulating reporting process in
preparation of formulating standard operating procedures.
City of Los Angeles Proposition O BMP Optimization Water Quality Monitoring Monitoring
Support responsible for coordinating eight wet -weather and seven dry -weather monitoring events, over
three years, at up to 35 sites spread among eleven Proposition 0 BMP project locations. Tasks include:
development of a Monitoring Plan and QAPP, weather forecasting and tracking, coordination of sampling
events with the City of Los Angeles' Environmental Monitoring Division (EMD), sample bottle preparation,
field analytical analysis, field observation logging, collection and delivery of samples, data processing and
analysis, and event summary technical memorandums. Various sites provide safety challenges, including
lakes, median strips, underground vaults, and vehicle traffic. Monitoring includes analysis of constituents
such as nutrients, metals, algae, bacteria, and pesticides. Results are analyzed in comparison with
applicable limitations due to TMDLs, California Toxics Rule (CTR), the basin plan, and MS4 permit
requirements. Results are utilized to assess BMP functionality and effectiveness in order to make
recommendations and coordinates with the City and other consultants to identify program challenges and
accomplishments.
City of San Gabriel I/C and FOG Inspections Senior Engineer for providing I/C and FOG food
service and restaurant inspection services to the City of San Gabriel. The City developed an EWMP Plan,
approved by the Los Angeles RWQCB, that requires the City to identify track, educate, and verify
implementation of runoff pollutant source control BMPs at all I/C facilities. The MS4 Permit also requires
Permittees to conduct commercial inspections at food service, automotive repair, retail gasoline outlet,
and nursery centers. Additional tasks included drafting I/C facility inspection notification letters,
inspection forms, and bilingual BMP factsheets; conducting inspections; and incorporating data into an
I/C Facility Inspection Excel"" database and converting it to ArcGIS shapefiles.
CWE7
A City of Rosemead
r� Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
Compliance and Support Services (RFP No. 2022-18)
Chris Pendroy, ENV SP, CPSWQ, QSD/P
Chris Pendroy is experienced in inspecting numerous capital
improvement projects in order to verify compliance with construction
plans, specifications, and regulatory requirements. His expertise
includes conducting field visits and job walks, completing structural
calculations, managing utility coordination and research, developing
improvement plans, and coordinating with local residents,
municipalities, and staff to ensure successful project completion.
Chris' duties include conducting post -construction BMP inspections,
QSP inspections, SWPPP development reviews, preparing plans for
complex BMP infrastructure, gathering data and preparing
stormwater master plans, and assisting clients with regulatory
compliance.
RELEVANT EXPERIENCE
City of Glendora NPDES and Water Quality Administration
Senior Engineer for ongoing NPDES Permit and Water Quality
Administration services to assist the City with Los Angeles County
Municipal NPDES Stormwater Permit, IGP, and CGP compliance.
Tasks include: providing support for the Development Planning and
Construction, Industrial/Commercial Facilities Control, Public Agency
Activities, IC/ID Elimination, and Public Education Programs;
providing program management and regulatory support; conducting
a portion of more than 600 FOG inspections and 350
industrial/commercial facility stormwater compliance inspections;
corporate yard facility SWPPP preparation; SWPPP and LID Plan
check review; staff training (Industrial SWPPP, IC/ID, Public Agency
Activities, FOG, and LID Plan review); representation at Permittee
meetings; and TMDL implementation assistance. Performed a
Program Effectiveness Assessment of the City's Stormwater
Management Plan and assessed the FOG Control Program to determine
requirements.
Years of Experience
27
Education
MS, Civil & Environmental
Engineering, 1994,
University of California, Irvine
BS, Civil Engineering, 1992,
University of California, Irvine
Registrations
Envision TM Sustainability
Professional Credential,
14225
Certified Professional in
Stormwater Quality, 93
Qualified SWPPP Developer
and Practitioner, CA, 24503
compliance with SSO
City of La Canada Flintridge NPDES Permit Compliance Services Senior Engineer assisting
the City of La Canada Flintridge with Los Angeles County Municipal NPDES Stormwater Permit and
Construction General Permit compliance. Providing services involving stormwater guidance document
preparation, Development Planning Program implementation, performing SWPPP and SUSMP plan check
reviews, preparing conditions of approval for priority planning projects, performing stormwater
compliance inspections, and developing an electronic tracking database for construction projects.
Los Angeles County Mass Emissions and Tributary Station Water Quality Monitoring Senior
Engineer for provided mass emissions and tributary monitoring at eight stations, along with preparing the
draft Annual Monitoring Report for the LACFCD. Storm event water quality samples were collected from
improved and natural conveyances, using both grab and autosampler methods for over 1,140 square
miles of tributary watershed area. Specific tasks included: SOP development, Operations and
GE
City of Rosemead
Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional
M, Compliance and Support Services (RFP No. 2022-18)
Maintenance (O&M) of water quality sampling equipment; inclement weather forecasting and tracking;
client, consultant, shift change, and laboratory coordination; preparing and mobilizing two -person
sampling crews; collecting grab and composite water quality samples under inclement conditions;
conducting field analytical analyses; delivering samples under chain -of -custody to designated
laboratories; and preparing stormwater event field logs and monitoring reports.
City of Los Angeles Temescal Canyon Park Stormwater BMP Project and SWPPP Provided
BMP inspections to the City of Los Angeles during the construction of a new stormwater pre-treatment
facility to remove trash, debris, coarse sediment, oil, and grease prior to downstream treatment at the
Hyperion Treatment Plant. Tasks included preparing a Risk Level 2 SWPPP in compliance with the CGP
and special provisions of the project, preparing PRDs, implementing BMP and maintenance schedules,
performing weekly BMP inspections to ensure proper installation and maintenance, preparing REAPS for
the project site 48 hours prior to anticipated precipitation, and uploading data and certifications to
SMARTS.
San Bernardino County Department of Public Works Post -Construction BMP Inspections
Senior Engineer for inspections of discretionary projects provided to the San Bernardino County
Department of Public Works to verify that WQMP features were being installed in accordance with the
approved WQMP and grading plans and suggested BMP design provisions in the CASQA Stormwater BMP
Handbook — New Development and Redevelopment. Inspections ensured that BMPs were installed
properly per the approved plans and functioned as intended. These post -construction BMP inspections
assisted the County of San Bernardino with the San Bernardino County MS4 NPDES Permit's New
Development and Redevelopment Program compliance. Task performed included identifying observed
WQMP deficiencies for design flaws, vector breeding issues, inadequate infiltration, safety concerns, or
other site conditions that prevent construction of WQMP features. For projects that required
modification, detailed reports were prepared with redesign recommendations and suggestions.
City of Santa Clarita NPDES Permit Compliance Services Senior Engineer for assisting with
NPDES Permit implementation services to ensure compliance with the Los Angeles County Municipal
NPDES Stormwater Permit and Construction General Permit. Responsibilities included program
management, regulatory support, attending Los Angeles County Executive Advisory Committee meetings,
public education, construction site stormwater compliance inspections, SWPPP and SUSMP plan check
reviews, industrial/commercial facility inspections, municipal staff training, staff augmentation, assistance
with the NPDES Permit Program audits conducted by the Regional Board and USEPA; and annual
reporting.
City of Glendora FOG Inspections and Reporting Senior Engineer performing a portion of onsite
FOG inspections of permitted food handling facilities to ensure compliance with the City of Glendora's
FOG ordinance and minimize potential Sanitary Sewer Overflows (SSOs). Between 2013 and 2019, 1,114
FOG inspections at more than 440 facilities citywide were performed citywide. FOG inspections included
kitchen BMPs such as using dry wiping techniques, keeping maintenance logs for grease trap inceptors,
grease recycling, exhaust system filter cleaning, posting "No Grease" signs and kitchen BMPs fact sheets.
Tasks included: tracking food service establishment inspections and keeping records of training,
conducting inspections and documenting observations with photographs and a FOG implementation
inspection checklist, conducting follow-up inspections, providing employee training for BMPs, checking the
roof and nearby catch basins for signs of oil and grease, and providing hard copies of completed
inspections checklists and electronically stored photographs.
GE
1561 E. Orangethorpe Avenue, Suite 240
CWE
Fullerton, California 92831
T.(714) 526-7500 I F.(714) 526-7004
www.cwecorp.com
Attachment C
Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
MS4 PERMIT COMPLIANCE AND SUPPORT SERVICES
(CWE CORPORATION)
1. PARTIES AND DATE.
This Agreement is made and entered into this Day of 20
(Effective Date) by and between the City of Rosemead, a municipal organization
organized under the laws of the State of California with its principal place of business at
8838 E. Valley Blvd., Rosemead, California 91770 ("City') and CWE Corporation with its
principal place of business at 1561 E. Orangethorpe Avenue, Suite 240, Fullerton,
California 92831 ("Consultant'). City and Consultant are sometimes individually referred
to herein 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 NPDES Services to
public clients, is licenced in the State of California and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render MS4 Permit Compliance and Support
Services ("Services") 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 compliance
and support services necessary for the Project, herein referred to as "Services". The
Services are more particularly described in Exhibit A attached hereto and incorporated
CAVE CORPORATION
Page 2 of 11
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 for one 15 -month period
and two 18 -month periods beginning on October 1, 2022, through December, 2025, with
the option to extend for up to two (2) additional 18 -month periods, at the sole and absolute
discretion of the City, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of the Agreement, and shall meet any other
established shcedules 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. 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
CWE CORPORATION
Page 3 of 11
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.
3.2.5 City's Representative. The City hereby designates the City
Manager, 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 Agreement. 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 will designate Gerald
Greene, or his 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/her 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.
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
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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: Consultant shall maintain prior to the beginning
of and for the duration of this Agreement insurance coverage as specified in Exhibit B
attached to and part of this agreement.
3.2.11 Safety: Contractor 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 and shall not
exceed One Hundred Sixty -Two Thousand Nine Hundred Ninety -Nine Dollars
($162,999.00) for period one. Compensation for periods two and three allows for a CPI
annual adjustment in accordance with Exhibit A. Extra Work may be authorized in writing,
as described below, and 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 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
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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" 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/ 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.
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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:
CWE Corporation
1561 E. Orangethorpe Avenue, Suite 240
Fullerton, California 92831
Attn: Gerald Greene
Tel: (714) 526-7500
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Michael Chung
Director of Public Works
Tel: (626) 569-2158
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
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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 costs of such action.
3.5.6 Indemnification: To the fullest extent permitted by law, 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
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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
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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. Consultant further agrees to file, or shall cause its employees
or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer
as required under state law in the performance of the Services. 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.
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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.
[Signatures on next page]
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CITY OF ROSEMEAD CWE CORPORATION
Ben Kim, City Manager Date
Name:
Attest:
Ericka Hernandez, City Clerk Date
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form:
Name:
Date
Rachel Richman
City Attorney
C N.gF-.lii_1
PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance: Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG
00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must
include contractual liability that has not been amended. Any endorsement restricting
standard ISO "insured contract" language will not be accepted.
Automobile liability insurance: Consultant shall maintain automobile insurance at least as
broad as Insurance Services Office form CA 00 01 covering bodily injury and property
damage for all activities of the Consultant arising out of or in connection with Work to be
performed under this Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than 1,000,000 combined single limit for each
accident.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self-insured retention
for liability not covered by primary but covered by the umbrella. Coverage shall be
provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits.
Policy shall contain a provision obligating insurer at the time insured's liability is
determined, not requiring actual payment by the insured first. There shall be no cross
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants
or others involved in the Work. The scope of coverage provided is subject to approval of
City following receipt of proof of insurance as required herein. Limits are subject to review
but in no event less than $1 Million per occurrence.
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Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on
behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size Vll.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010.
Consultant also agrees to require all contractors, and subcontractors to do
likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled at any time
and no replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any
other agreement and to pay the premium. Any premium so paid by City shall be
charged to and promptly paid by Consultant or deducted from sums due
Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Consultant, provide
the same minimum insurance coverage required of Consultant. Consultant agrees
to monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this agreement to self -insure its obligations to City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
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13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part
of City to inform Consultant of non-compliance with any insurance requirement in
no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15.Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five
days of the expiration of the coverages.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19.These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20.The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
M
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
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