CC - Item 6A - Professional Services Agreement to Provide MS4 NPDES Permit Services for Fiscal Year 2020-21ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER jA . M
DATE: JUNE 23, 2020
SUBJECT: PROFESSIONAL SERVICES AGREEMENT TO PROVIDE MS4 NPDES
PERMIT SERVICES FOR FISCAL YEAR 2020-21
SUMMARY
On August 14, 2018, following an extensive Request for Proposal Process (Attachment A), the
Rosemead City Council selected CWE to provide the City with Municipal Separate Storm Sewer
System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit services
through June 30, 2019, for $179,979 (Attachment B). Additionally, the City amended the
Agreement on December 17, 2019 (Attachment C) to have CWE continue their services through
June 30, 2020. With that Professional Service Agreement term ending, the City of Rosemead
received a proposal from CWE (Attachment D), in the amount of $89,947, to continue providing
compliance services for 12 months through June 30, 2021, and annual reporting services through
December 31, 2021. Staff is satisfied with the responsiveness and quality of services provided by
CWE and recommends continuing to secure these services from CWE.
DISCUSSION
On November 8, 2012, the California Regional Water Quality Control Board, Los Angeles
Region (Regional Board or LARWQCB) adopted the Coastal Los Angeles County MS4 NPDES
Permit with Los Angeles County, the County Flood Control District, and 84 incorporated cities
as Permittees. On July 27, 2013, the City of Rosemead joined the City of Los Angeles and 17
other agencies to form the Upper Los Angeles River (ULAR), an Enhanced Watershed
Management Plan (EWMP) group.
Since being retained, CWE has shepherded the City of Rosemead through the complexities of the
LARWQCB MS4 NPDES Permit and related regulatory and implementation programs. CWE's
technical and regulatory expertise, combined with their governing board relationships, has
benefitted the City of Rosemead on issues that extend far beyond the originally contracted
work. They are uniquely equipped to provide a range support services in anticipation of the fifth
term MS4 Permit, currently under draft review, that will likely be adopted by the LARWQCB
within this agreement term.
AGENDA ITEM 6.A
City Council Meeting
June 23, 2020
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The City of Rosemead selected CWE from a comprehensive RFP process approximately 2 years
ago. Due to the fact that CWE is intimately aware of the unique challenges the City of Rosemead
faces regarding compliance, staff recommends entering into a Professional Services Agreement
with CWE to steer the City of Rosemead through its compliance issues with the MS4 Permit
through June 30, 2021, and with annual reporting through December 31, 2021.
Following receipt of the City Notice to Proceed (NTP), CWE proposes to provide the following
MS4 Permit Compliance Services through June 30, 2021, with annual reporting services to be
provided through December 31, 2021.
Task 1 — Remote Meetings: The ULAR EWMP Group and its Bacteria Load Reduction
Strategy (LRS) Technical Subcommittee, which directly impacts the City, convenes monthly; the
Los Angeles Permit Group (LAPG) meets during alternating months; and we anticipate the need
to attend up to six (6) City Council, City Staff, Safe Clean Water Program (SCWP), or
LARWQCB Permit adoption meetings. Meeting participation allows CWE to identify cost-
effective draft fifth term MS4 Permit, ULAR EWMP and CIMP Group implementation
strategies for City Management concurrence. We recommend budgeting for twenty-four (24)
three-hour remote meetings and follow up activities prior to June 30, 2021.
Task 2 — Safe Clean Water Program Assistance: Following voter passage of Los Angeles
County Measure W, the SCWP, in November 2018, the County Board of Supervisors (BOS)
authorized release of a Local Transfer Agreement which, assuming City Council adoption this
summer, should annually return over $500,000.00 in impervious area based property assessment
fees to the City. Proposed expenditures of SCWP monies must meet required implementation
and accounting criteria then be reported back to the Los Angeles County BOS. CWE will assist
the City Public Works and Finance Departments in budgeting these funds and developing the
required documentation. Based on the directions of City management, local priorities, and
evolving opportunities, CWE will also prepare one Regional BMP project application packet,
following criteria identified by the Rio Hondo Watershed Area Steering Committee (WASC).
Task 3 — City Staff and Contractor Training: The current MS4 Permit identifies four
categories of mandatory annual staff and contractor training, which we condense into
Planning/Construction and Illicit Connection/Illicit Discharge (IC/ID) training sessions to reduce
costs. These two-hour presentations will be scheduled, in consultation with Field Supervisorial
personnel, either at the beginning or end of a shift, for staffing efficiency. Presentation are made
by CWE Senior Management, experienced with private and public agency cases, using an
engaging, locally relevant, Microsoft Office Power Point® presentation made to between five
and twenty city staff at a city facility with adequate equipment. The presentation begins with
regulatory rationale and requirements, before moving on to illustrative case studies. Six slides
per page handouts are distributed for those wishing to take notes or write down 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
participant staff interest.
City Council Meeting
June 23, 2020
Page 3 of 4
Task 4 — Public Information and Participation Program (PIPP): Remotely attend permit
required quarterly County, Watershed, or WMP PIPP remote meetings. Prepare up to six (6)
residential or primary education stormwater pollution source control informational pamphlets,
web page, or similarly mutually agreeably, concept work products, suitable for City duplication
and distribution or webmaster posting.
Task 5 — Redevelopment Planning, Construction and Post -Construction Inspection
Services: CWE is advised that the City has retained other firms to provide generic municipal
planning, building, and construction inspection services; however CWE will provide
supplemental MS4 Permit specific Low Impact Development (LID) plan checks, Construction
Site Erosion Control and Post -Construction General Permit (CGP) Best Management Practices
(BMPs) inspection Services, under the direction of state certified CWE Qualified Storm Water
Pollution Prevention Plan (SWPPP) Developer or Practitioner (QSD/P). Up to four hours per
month, or forty eight hours by June 30, 2021, would be dedicated to supporting other contract
staff in the subject tasks; with plan review taking precedent over inspections, municipal
construction site storm inspections taking precedent over those of private construction sites, and
post -construction or CGP BMP implementation and maintenance inspections having the lowest
priority.
Task 6 — Public Facility and Retrofit Opportunity Inventory: CWE will prepare the MS4
Permit Part VI.9.c required electronic inventory of City Facility sites, including Part VI.9.d
required identification and evaluation of concept level LID and BMP retrofit implementation
opportunities.
Task 7 — Illicit Connection/Illicit Discharge Investigation and Pollution Source Control:
Understanding that primary enforcement responsibilities remain with City Code Enforcement
Officers and Construction Inspectors, CWE we provide up to twenty hours of remote or onsite
MS4 Permit required Illicit Connection/Illicit Discharge (IC/ID) Investigation and Pollution
Source Control support services. This task emphasizes public education and outreach, over
enforcement, and may extend to include the conceptualization of BMP implementation concepts
to correct existing and prevent future discharges.
Task 8 — Prepare 2020 and 2021 Individual Annual Reports: CWE will timely draft, in
Microsoft Word® format, the City Individual Annual Report, based on past submittals,
implementation data, transmittals, and the City website. This draft will highlight where
additional City staff input on budgeting, planning, enforcement, and building safety tasks are
needed. Based on City staff input, the draft will be timely submitted to the ULAR EWMP Group
Coordinator, currently Dawn Petschauer of the City of Los Angeles, utilizing the Los Angeles
County Watershed Reporting, Adaptive Management, and Planning System (WRAMPS)
process. Following assemblage, the first draft will be reviewed by CWE for missing
data or verbiage that could be adversely misconstrued, a final draft provided to the City for
review, and the Unified Report converted by others into a Portable Document Format (PDF) file,
for the LARWQCB submission by December 15th, with a copy provided to the City for
recordation.
City Council Meeting
June 23, 2020
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STAFF RECOMMENDATION
City Staff recommends that the City of Rosemead enter into a Professional Services Agreement
with CWE to provide MS4 NPDES Permit Compliance and Reporting Services for a period of
eighteen months to begin on, or about, July 1, 2020, through December 31, 2021, for an amount
not -to -exceed $89,947.
OTHER OPTION:
That the City Council direct staff to advertise a Request for Proposal for MS4 NPDES
services.
FISCAL IMPACT
The Fiscal Year 2020-21 approved budget anticipates receipt of approximately $500,000 in
Measure W, Safe Clean Water Program, Local Transfer Support, of which $295,000 has been
allocated to the Safe Clean Water Fund account 231-3035-5299. The Safe Clean Water Program
is funded through Measure W, an impervious area based special parcel fee, approved by Los
Angeles County voters on November 6, 2018.
STRATEGIC PLAN IMPACT
Stormwater Management and NPDES Permit compliance is in alignment with Strategy 3,
Beautification and Infrastructure.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
C
Chris dapte
Director of Public Works
Attachment A: Request for Proposal Process
Attachment B: 2018-2019 Professional Service Agreement
Attachment C: Amendment #1
Attachment D: Proposal from CWE
Attachment E: Draft Professional Services Agreement
Attachment A
Request for Proposal Process
CITY OF ROSEMEAD
RFP No. 2018-01
REQUEST FOR PROPOSALS (RFP) TO PROVIDE
MUNICIPAL, SEPARATE STORM SEWER SYSTEM (MS4)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
PROFESSIONAL COMPLIANCE AND SUPPORT SERVICES
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 M84 NPDES Permit.
BACKGROUND
The Public Works Department administers the City of Rosemead's M84 Permit Program and
local implementation of the City of Los Angeles led Upper Los Angeles River (ULAR) Enhanced
Watershed Management Program (EWMP) and Coordinated Integrated Monitoring Program
(CIMP) Plans. Permit enforcement is primarily though Rosemead Municipal Code (RMC)
Chapter 13.16 and Sanitary Sewer Overflow (SSO) response services are provided by the Los
Angeles County Consolidated Sewer Maintenance District (CSMD).
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 151h.
Professional Services Agreement (PSA) and Notice to Proceed (NTP) issuance after July 18t
may result in reprioritization of task scheduling and budgets, so that necessary work can be
completed in a satisfactory and timely manner.
REQUESTED SERVICES
1. Mee I : Attend kickoff meeting with City staff, six (6) regional meetings (such as
LAPG, ULAR, or MS4 Permit related workshops), and four (4) 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. 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 to designated City staff:
a. Construction/Erosion Plan Review and Permitting (Permit Part VI.D.8.I.ii.(1))
b. Erosion/Sediment Control Plan Inspection (Permit Part VI.D.8.I.ii.(2))
c. Stormwater Targeted Public Employee and Contractor (Permit Part VI.D.9.k)
d. Staff Illicit Connection/Illicit Discharge Response (Permit Part VI.D.10.01i,(5))
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3. Public Information and Participation Program: Develop activity specific public education
content, regarding source control BMPs, use and disposal of MS4 Permit Part VI.D.S.d.i.(2)
pollutants relevant to Rio Hondo Reach 3 and downstream receiving water Impairments, for
incorporation by the City Webmaster or distribution by the City.
4. In ustrial/ggmg]ercial 11/C) F,acilitles 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 (6) active traditional and one (1) No
Exposure Certification (NEC) Industrial General Permit (IGP) holder. Each must be Inspected
twice, at least six months apart, between December 28, 2012 and the effective date of the next
M84 Permit tentative assumed to be July 1, 2019. For half of these facilities annually, Consultant
would send a City reviewed pre -inspection notification letter on City letterhead, conduct
inspections using a City reviewed form, and develop an I/C facility program tracking database
with the attributes Identified In Permit Part VI.D.6.b.11. 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 (NAILS) 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 (100) Commercial Food Service (FS) inspections with pre -Inspection
notification letter and development of a City approved FS inspection form.
f. Fifty (60) 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
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tentative SIC/IGP Attachment A applicability.
5. 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 two (2) LID storm water project reviews, for each of four (4) projects of less than five
acres, based on MS4 Permit Part VI.D.7 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.
6. Redevelopment Construction Ingpgctio„n s: Once per month, for up to 12 days per year,
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.
7. Post -Construction BMP Inspections: City has eight (8) terminated and five (5) 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 MS4 Permit Parts VI.D.7.d, VI.D.7.d.lv.(1)(a), and VI.D.9.h.x, and
provide the City with GIS shape and data files with collected observations.
8. Public Facility Inventory; Consultant will develop an electronic Inventory of public
facilities based on the criteria identified in Permit Part VI.D.9.c.1, with facility specific information
as Identified in Part VI,D.9.c.ii.
9. I.nvegtory of Regional BMP Development Onnortunities: 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 at a planning level cost of $110 million. 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 Permit Part VI.D.9.lii. 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 Permit Part VI.D.9.d.v. 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.
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Consultant will identify multiple regional BMP projects for strategic and cost-effective analysis,
and based on the findings, 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, at an estimated planning level
cost of significantly less than $110 million. 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 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 as a Proposition 1 Stormwater Implementation Grant, Groundwater (if
projects can demonstrate recharge benefit), and/or other future grants, 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 advantages,
depending on various projects' readiness, Since second round grant applications are
anticipated for submission during the summer of 2018, the Consultant should provide an
estimate for preparing and supporting such a grant application as an additional service task.
10. Public Activity Mangag ent: Consultant will allot one person for a day per month, for
twelve (12) months, to observe public activities or facilities and provide written suggestions
regarding how those activities or facilities could be modified to improve pollutant source control
efforts, similar to Permit Part VI. D.9.1.111 for road reconstruction. Normally a half day each, would
be spent on making observation and preparing cost-effective suggestions. City supervisory
staff would be encouraged to suggest service needs during the first three weeks of each month;
however, failing such suggestions, the Consultant would provide the City's Project Manager
with a suggested facility or activity to observe for concurrence.
11. Trash TMDL Compliance: Trash full capture device connector pipe screens are to be
installed within City of Rosemead's catch basins prior to Consultant selection. Consultant will
conceptualize an alternative compliance trash capture study focusing on areas tributary to
unprotected catch basins, seek LARWQCB staff Input on study objectives and methods, then
undertake a spring pre -DGR study to improve the DGR study outcome. DGR studies must be
conducted over two summers and will be included in future PSAs or separately contracted.
12. IC/ID Investioation and 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 Permit Part VI.D.10
requirements and 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.
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13, Annual Report: Fallowing each July to June service period, the Consultant will assist
City staff in preparing draft and final Individual M84 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 submitted in a timely fashion,
PROPOSAL INFORMATION
Contents are limited to 25 pages and must include:
A. A Cover Letter summarizing the proposal,
B. Credentials and Experience:
• A brief history of the consulting firm and summary of clients for which
these services have been supplied within the last five years.
• Provide proof of any applicable certifications and/or licenses held by staff.
C. Sub -contracted services:
• Provide a list of sub -contracted services to be used for work that your
company is unable to provide (if any), along with their qualifications and proof
of any applicable certifications and/or licenses held by staff.
D. Fees:
• Outline a proposed fee schedule for services anticipated and identify the rate
of compensation for the professionals involved. In addition, identify the rate
of compensation for the professionals involved, by position/title held within
your organization.
TENTATIVE SCHEDULE
Request for Proposals release date: Monday, January 81h, 2018
Proposal due date Thursday, February 8th, 2018
Staff reviews proposal to determine finalist Week of February 22, 2018
Recommendation to award contract with selected Consultant Tuesday, March 13, 2018
DIRECTIONS FOR DELIVERY OF PROPOSAL
Three (3) copies of the project proposal shall be delivered in a "sealed fashion" no later
than higgo, Thursday. Febfuapt 8th. 2018, to:
City of Rosemead - City Clerk's Office
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Rafael M. Fajardo, City Engineer
Public Works Department/Engineering Division
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SELECTION CRITERIA
The City will consider only those proposals received by the indicated deadline, Selection will
be made on the following criteria:
• Professional qualifications and experience,
• Satisfaction of current/former clients.
• Ability to meet insurance requirements.
• Ability to be available in emergency situations.
CONTRACT PERIOD
The Contract period shall be from the date of execution through June 301h of the following year.
This contract has the possibility of annual extensions based on performance and pending City
Council approval.
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 environmental 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.
DRAFT AGREEMENT
Attached is a draft copy of the City's standard Professional Services Agreement. This draft Is
subject to change and pursuant to review by the City Attorney.
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INSURANCE REQUIREMENTS
The proposer shall provide Certificate of Insurance evidencing minimum coverage of $1,000,000
in Professional Liability, General Liability, Automobile Liability Coverage and Worker's
Compensation and Employer's Liability. Insurance is to be placed with insurers with a current
A.M. Best's rating no less than A: VII, licensed to do business in California and satisfactory
to the City. All certificates and endorsements must be received and approved by the City
before work commences. The City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
BUSINESS LICENSE
The successful Consultant shall obtain a City of Rosemead Business License prior to
commencing work,
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CITY OF ROSEMEAD BID PROPOSAL FORM
BID PROPOSAL: I, the undersigned, hereby propose to furnish In
accordance with the specifications.
SEE ATTACHED PROFESSIONAL FEES AND RATE
SCHEDULE. PLEASE COMPLETE THIS FORM.
IT IS MANDATORY FOR YOUR BID TO BE CONSIDERED
RESPONSIVE.
List exceptions to Bid: ATTACH A SEPARATE SHEET.
Estimated delivery date: ARO. BID BY:
company name
Address
ugly, titate, up
Authorized Signature (Name printed) Title
Telephone Number Fax Number Date
Ownership; Sole ; Partnership Corporation_; _(State of
Inc,)__
C-1
Attachment B
2018-2019 Professional Service Agreement
PROFESSIONAL SERVICES,AGREEMENT
2018-2019 STORWATER MANAGEMENT SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 21_ day of ; 20J&
(Effective Date) by and between the City of Rosemead, a munielpfil 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 with its principal
place of business at 1561 E. Orangethorpe Avenue, Suite 240, Fullerton, California 92831
("Contractor"). City and Contractor are sometimes Individually referred to herein as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Contractors.
Contractors desires to perform and assume responsibility for the provision of
certain professional services required by the Clty.on the terms and conditions set forth in
this Agreement. Contractor represents that It Is experienced in providing Stormwater
Management services to public clients, is licensed in the State of California, and is familiar
with the pians of City.
2.2 Project:
City desires to engage Contractor to render such ongoing general public works
and professional services ("Services") as set forth In this Agreement,
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor 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 ("Services"). The Services and hourly
rates are more particularly described in Exhibit A attached hereto and incorporated herein
OWE
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by reference. All Services shall be subject to, and performed In accordance with, this
Agreement, the exhibits'attached hereto and Incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from Effective Date
shown above to June 30, 2019, unless earlier terminated as provided herein. Contractor
shall complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an Independent contractor
basis and not as an employee.. Contractor retains the right to perforin similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Contractor shall also not be
employees of City and shall at all times be under Contractor's exclusive direction and
control. Contractor 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. Contradtor 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. Contractor shall perform the Services
expeditiously, within the term of this Agreement. Contractor represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Contractor's conformance with the Schedule,
City shall respond to Contractor's submittals In a timely manner. Upon request of City,
Contractor 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 Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Contractor 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, Contractor may
substitute other personnel of at least equal competence upon written approval of City. In
the event that City and Contractor cannot agree as to the substitutiop of key personnel,
City shall be entitled to terminate this Agreement for cause. As disbussed below, any
personnel who fail or refuse to perform the Services in a manner acceptable tO the City,
or who qre 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
CWE
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property, shall be promptly removed from the Project by the Contractor at the request of
the City.
3.2.5 City's Representative. The City hereby designates the City
Engineer or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Contractor shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2,6 Contractor's Representative. Contractor hereby designates
Mr, Jason Pereira, or his/her designee, to act as its representative for the perfofmance of
this Agreement ("Contractor's Representative"). Contractor's Representative shall have
full authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor'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. Contractor agrees to work closely
with City staff in the performance of Services and shall be available to City's staff,
contractors and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Contractors
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. Contractor represents and maintains that
it is skilled in the professional calling necessary to perform the Services. Contractor
warrants that all employees and subcontractors shall have sufficient skill and experience
to perform the Services assigned to them. Finally, Contractor 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, Contractor 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 Contractbr's failure to comply with the standard of care provided for
herein. Any employee of the Contractor or its sub-contractors who is determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely completion of
the Project, a threat to the safety of persons or property, or any employee who fails or
refuses to perform, the Services in a manner acceptable to the City, shall. be promptly
removed from the Project by the Contractor and shall not be re-employed to perform any
of the Services or to,work on the Project. ,
3.2.9 Laws and Regulations. Contractor shall keep itself .fully
informed of and incompliance with all local, state and federal laws, rules and regulations
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in any manner affecting the performance of the Project or the Services, including all
CaVOSHA requirements, and shall give all notices required by law. Contractor shall be
liable for all violations of such laws and regulations in connection with Services. If the
Contractor performs any work knowing itto be contraryto such laws; rules and -regulations
and without giving written notice td the City, Contractor shall be solely responsible for all
costs arising therefrom. Contractor shall defend, Indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
Indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Contractor shall maintain prior to the
beginning of and for the entire duration of this Agreement an insurance coverage and
policy 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
Contractor 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 Inspedtion and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation,
Including authorized reimbursements, for all Services rendered under this Agreement, as
specified in the attached proposal (i.e., hourly rates, expenses, etc.), but JIMUM 111V
Such payments shall be made on an as -needed basis as cl'u'ed e y e
City. P ra ork may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a
monthly itemized statement which Indicates work completed and hours ' of Services
rendered by Contractor. 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.
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3.3.3 Reimbursement for Expenses. Contractor 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 Contractor 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. Contractor shall not perform, nor be compensated for,
Extra Work without written authorization from City's Representative.
3.3.5 Prevailing Wages. Contractor 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, st seq., ("Prevailing Wage Laws'), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is .$1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor 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 Contractor's principal place of business
and at the project site. Contract 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. Contractor shall maintain
complete and accurato records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly Identifiable. Contractor 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. Contractor 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.
3.6 General Provisions.
3.5.1 Termination of Agreement.
3.5.1,1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Contractor of such termination, and specifying the
.effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Contractor shall be compensated only for those services which have
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been adequately rendered to City, and Contractor shall be entitled to no further
compensation. Contractor 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 Contractor to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Contractor in
connection with the performance of Services under this Agreement. Contractor shall be
required to provide such doodment and other information within fifteen (15) days of the
request. .
3.5.1.3 Additlonal 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:
CONTRACTOR.:
CWE
1561 E. Orangethorpe Avenue, Suite 240
Fullerton, California 92831
Attn: Jason Pereira
CITY:
City of Rosemead.
8838 E. Valley Bouolevard
Rosemead, CA 91770
Attn: City Engineer, Rafael M. Fajardo, P.E.
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.
3.53.1 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 Contractor under this Agreement
("Documents & Data"). Contractor shall require all subcontractors to agree in writing that
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City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes
no such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Contractor or provided to Contractor 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 Contractor
In connection with the performance of this Agreement shall be held confidential by
Contractor. Such materials shall not, without the prior written consent of City, be used by
Contractor 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 Contractor which Is otherwise known to
Contractor or is generally known, or has become known, to the related industry shall be
deemed confidential. Contractor 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; FurtherActs. 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 other, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all other costs of such action.
3.6.6 Indemnification. Contractor shall defend, indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
Injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor,
Its officials, officers, employees, agents, Contractors 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. Contractor shall defend, at Contractor's own coati expense
and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be -brought or instituted against City, Its directors, officials, officers, employees,
agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse
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City and its directors, officials, officers, employees, agents and/or volunteers, for any and
all legal expenses and costs Incurred by, each of them in connection therewith or In
enforcing the indemnity herein provided. Contractor's obligation to Indemnify shall not be
restricted to insurance proceeds, if any, received bythe 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 Ageeement 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 Contractors. City reserves right to
employ other Contractors 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. Contractor 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, qiccording 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 Contractor include all
personnel, employees, agents, and subcontractors of Contractor, 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 walver'of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
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Page 9 of 11
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
3,516 -No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.97 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.
3.5.98 Prohibited Interests. Contractor maintains and warrants that It has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Agreement. Further, Contractor
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 Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Contractor further agrees to file, or shall cause its employees
or'subcontractors 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
thI$ 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. Contractor 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. Contractor 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, Contractor 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.
3.5.29 Authority to Enter Agreement. Contractor 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. Contractor 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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Page 11 of 11
CITY OF ROSEMEAD
OWE
All to%*% -7 . US t By:S 2
loxia Molledat City Manager 11D to
Attest:
'- Erlckq' Hernandez, City Clerk Date
Approved as to Form:
i wi, / 1. /f "I
wl
r
achel Richman Date
City Attorney
Name: 'O t V,
Title: c -c -j -fl
Title: 5e±e
No,
EXHIBIT A
SCOPE OF SERVICES/ HOURLY RATES
A-1
O M &City of Rosemead
- MS4 NPDES Permit Professibnal Compliance and Support Services
dC0 BOMD FOR PROFESSIONAL BNGlNEBRS,
LAND SURVEYORS, AND GEOLOGISTS
Tt�e/wA6aQNmdnl piA�Lefe74� �e/rtM�F.MY
Kathryn Louise -H Thomas
pAYLYUCN/H�AfA ~
PROFa5510NAL8NmN68A
UI
gv111iadls0e�iee
him wa►eArm"wd'Ubaw
mrt+wouutvmAroeeu,
WNW Wan"W"Am
' CmNw,A'aC �ivp
. TMH'r7YNy.IwArsre,raaooM.1�
C. Subcontracted Services
YaaaabppMe�eCKtlbThmev BCW&
RohstcauMOa nal6NambfvkPMw"VA
dgement
"tt.y9wo"BA um" "AftftrwymQ5
CWE does not anticipate any subconsultants to be utilized for the services outlined In the City's RFP.
D. Fees
While we cannot put a price on environmental sustainability, CWE understands first and foremost
financial resources are at the front of many clients' minds, and are a strong priority. We don't perpetually
speculate about spurious regulatory interpretations that leave you worrying about potential risk exposure
and changing regulatory priorities, While each Permittee has different competing internal priorities, CWE
has the experience to cost-effectively apply your limited dollars where they will provide the greatest
compliance benefit, and make the added effort to secure public agency grant funding. For example,
Project Manager Dr, Gerry Greene recently procured over $10 million in Proposition 1 Stormwater
Implementation Grant support for permitting, design, and construction of the John Anson Ford Park,
regional BMR Cistern, with a 10% Watershed Management Area (WMA) match that required only a
1.5% project match from the City of Bell Gardens. Our fees reflect a- commitment to providing,the City
with top-notch services, using streamlined comr)iunlcation, and taking necessary actions within
consequential scheduling deadlines.
A proposed fee schedule for services anticipated, and hourly rates for professional, staff members by title
are provided on the following pages. The most significant task in the budget Is associated with the
Inventory of Regional BMP Development ppportunitles and CWE would gladly suggest clarifications to
that scope of work that might allow the City to more cost-effectively achieve its objectives. In brief, we
recommend the City focus on one project and develop documentation sufficient to support grant
applications, rather than tie compliance to the procurement of private parcels.
Our City of Rosemead Bid Proposal Form Is provided in Appendix A. CWE takes no exceptions from the
City's contract requirements.
-11- cwr'
City of Rosemead
MS4 NPDES Permit
Professional Compliance and Support Services
Cost + 10%
D.I Rate Sheet
$118
Enalneer/Sclentist Ratel"Our
Principal
$240
Senior Project Manager
$236
Project Manager
$206
Technical Manager
$203
Task Leader
$180
Principal Engineer
$175
Senior Engineer
$166
Project Engineer
$145
Staff Engineer
$121
Assistant Engineer
$98
Senior Environmental Scientist
$148
Environmental Scientist
$123
Environmental Analyst
$91
Construptisp Services
Construction Manager
$169
Senior Construction Inspector
$129
Construction Inspector
$114
Field Surv��r
Licensed Surveyor
$157
3 -Person Survey Crew
$221
2 -Person Survey Crew
$178
support Services
Cost + 10%
GIS Specialist
$118
Senior Engineering Technician
$96
Engineering Technician
$84
CADD Designer
$98
Project Coordinator
$87
Administrative Assistant
$79
_Generall
Direct Expenses
Cost + 10%
Subcontract Services
Cost + 10%
Specialized Computer Applications (per Dour)
$15
Mileage
Current IRS Rate
Field Vehicle -- Hourly
$12/hour
Field Vehicle — Dally
$80/day
Field Vehicle — Monthly
$1,500/month
B&W Photocopies (per page)
$0,10
Color Photocopies (per page)
$0.50
Rates will be adjusted annually based on the US Department of tabor, Bureau oP labor Statistics, Consumer Price Index for All
Urban Consumers.
Rates for Reid equipment, health and safety equipment, and graphical supplies presented upon request. Based on CWE maintaining
General tlability insurance for bodily Injury and property damage with an aggregate limit of $2,000,000. per occurrence.
In the event the client desires additional coverage, CWE will, upon the client's written request, obtain additional insurance and
adjust the above billing rates accordingly. '
AM
-12- LWE
City of Rosemead
E„�,d,.,,�,. MS4 NPDES Permit Professional Cd
I
®.2' Pee Schedule ,
City of Rosemead MS4 NPDES Permit Professional
Professional Service Fee
Prepared by CWE on 02/07/2018
GTSS
eOlis,
Task 118
CAO • Admin
Designer• -Assistk
98 79
'
Mll ag '
$0.545
1
Meetings
1.1
Six Regional LAPD, ULAR MS4P Meetings
420
1.2
Four Informal City Meetings (Agenda/Summary)
240
2
Staff Training
2.1
Construction/Erosion Control Revlew/Permittin
60
2.2
Erosion Sediment Contorl Plan Inspection
60
2.3
Stormwater Targeted Public Employee & Contra
60
2.4
Cltv Staff IC ID Response
60
3
Public Information and Participation Program
16
4
Annual Industrial/Commerclal Facilities Program i
4.1
Food Service (200/2=100)
$9,500
4.2
Auto(i00 /RGO 2fl /Nurse 6 (126/2=63) i
$7,560
4.3
5 Traditional/1 NEC IGP (0/2=3)
750
4.4
1 BL data, Notification ltr, Form, GIS tracking databEr
5
lRedevelopment Planning (2 Reviews/4 projects, <
$100
6
Redevelopment Construction Inspections <=4/mo
720
7
Post -Construction BMP Inspections 13 CGPs
180
8
Public Fadll Inventory
60
9
Inventory of Regional BMP Development Opportu 16
64
180
10
Public Activity Management Da Month
840
11
Trash TMDL Alternative Compliance -Study
660
12
IC/ID Investigation & Elimination first 16 hrs, then
120
13
Annual Report
60
Total Fee and Hours i&
64 16,
1973' • 1,17,916
Cwz
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
Insurance in conformance with the requirements set forth below. Contractor will use
existing coverage ,to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Contractor agrees to amend,supplement or endorse
the existing coverage to do so. Contractor 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.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equlvalent: Defense costs must be
paid in addition to limits, There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
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 Contractor owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy
described above. If Contractor or Contractor's employees will use personal autos in any
way on this project, Contractor shall provide evidence of personal auto liability coverage
for each such person.
Excess or Umbrella Liability Insurance (Over Primary) if used to most 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 behaif' 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 Contractor, subContractors
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
ME
omissions of the Contractor 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 VII.
General conditions pertaining to provision of Insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1, Contractor 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 with an
edition prior to 1992. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability Insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right pf
subrogation prior to a loss. Contractor 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. Contractor 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
B-2
endorsement to Contractor'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 Contractor or deducted from sums due
Contractor, at City option.
8, , Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. -Contractor 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 Contractor 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. Contractor agrees to ensure that subcontractors, and any other party involved with
the project who Is brodght onto or Involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor 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.
Contractor agrees that upon request, -all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11. Contractor 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 w111 not allow any contractor, subcontractor, Architect; Engineer or other entity or,
person in anyway involved in the performance of work on the project contemplated
by this agreement to s®If insure its obligations to City, If .Contractor'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 Contractor, which may include reduction or elimination of the
deductible or seifnsured 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 Contractor ninety (90)
days advance written notice of such change. if such change results Insubstantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
B-3
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. Contractor acknowledges and agrees that any actual or alleged fallure on the part
of City to inform Contractor 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. Contractor 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. Contractor 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
Contractor'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 Contractor under this agreement, Contractor 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 s6ctions and provisions of
this Agreement to the extent that any other section or provision conflicts with or
Impairs the provisions of this Section.
21. Contractor 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 Contractor
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
B-4
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.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor 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.
M
CVVEQ000-01 ILAINE
CERTIFICATE OF LIABILITY INSURANCE DATEQNMIDDIYYY()
1211112017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE: HOLDER. THIS
CERTIFICATE; DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE; POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate hoder IS an ADDITIONAL INSURED, the policy(fes) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, au Jeat to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
Ibis certificate does not confer righ to the certificate holder In Ileu of such endorsement(s).
PRcoucoR Llcenee 0767778 I 02blAOT
HUB International Insurance Services no. ifNJe.sYn. f714} 739-3177 NOON 739.3186
CA 90623
INSURED
CWE
1661 E. Orangethorpe Av6nue
Suite 240
Fullerton, CA 92031 j
L-- nwm-- .n ,Renvn.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOIWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWNTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE: AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I SRTYpE
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1210812017
1210812018
MCH OOCURBENOF2,001),000
D G Tp RENTED 100,000
MED EXP one oersonl 8 10,000
PERSONAL &ADV IJ Y S 2,000,006
GER GOR LIMITAPPLI SPER:
X. POLICY ] lJ LOC
GENERAL AGGREOATE 4,000,000
PRODUCTS-COMPIOPAGO S 4,Oo0,000
eMel ED SINGLE LIMn 1,0 00
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AUTOMOBILE LIABILITY
a er er
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DISEASE -EAEMPLOYE 1,000,000
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EPK-120302
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7210812018
Aggregate 4,000,000
DESCRIPTION OroRATIONe1LOCAnONSIV61(ICLES(ACORO101,AddlUonalRemarks so duce, may beallachedifmore spaoeIsr aired
City of Rosemea 19 additional [neured a respects General Liability per endorsement #EN0147f1111. Gsnera.iah llty Is primary and non-contrlbalory per
endorsement #EN0147.1111. Generel Lta IIIty waiver of subrogation applies per endorsement #EN0147-1111. Workers Compensation waiver of subrogation
applies per endorsement #2572.
4 uhrc viv�n
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Rosemead
THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PR6�1810N8.
Department of Public Works
8838 E, Valley Blvd.
Rosemead, CA 81770
AUTHORIZEDREPR@SENTATIVE
ACORD 25 (2016103) lEJ7ilDD-!V'10NVVRU{,VRt VrwrrV,1, Ii1111y-„0100c,rwv.
The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED
WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the foilowft
COMMERCIAL: QENERAL UABILITY CQVEMGE PART
O<3NTRAE`Tglik$ PQLWTiON LIA131LITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
SCHEDULE
A. S�GT1011I III •- WHO IS AN INSURPM withjn the Common Provisions Is amended to. include as an
additional Insured the person(s) or organlzation(s) Indicated In the Schedule shown above, but only with
respect -to liability arising out of "your work" for that person or organization performed by you, or by those
acting on your behalf.
B. As respects additional Insureds as defined above, this Insurance also applisa to "bodily Injury" or "property
damage" srlsing out of your negligence wheft the following written contract requirement* erre appllcablw.
1. Coverage avalfable under-thls coverage part shall apply as. primary Insurance. Any.other Insuranoe
available to these additional Insureds shall apply as excess- and not contribute as primary to the
insurance afforded by this-ondorsemsht.
2. We walve any right of recovery we may have against the person(s) or organization(s) Indicated In the
Schedule shown above because, of payments we make for Injury or damage *rising ouf of "your work"
performed under a written contract with that person(a) or organization(s).
S: The term "additional Insured" is used separately end not collectively, but the iricluslort of more than one
"arlditlonal Insured" shall not Increasethe limits or coveraga provided by this Insuranco.
This Endorserhent dod9 not rellhetate ot- inbrease the Limits of insurance applicable to any "claim" to which the
coverage afforded by this Endorsement applies.
ALL OYIiER TERMS AND CONDITIONS OP THE POLICY REMAIN UNCHANGED.
ENO147-1111 Page 1 of 1
ENPORSGMENT AGREEMENT
WAIVISR OF SUBROGATION
BLANKET BASS
BROKER COPY
HOMO OFFICE
SAN FRANCISCO EFFECTIVE DECEMBER 1, 201.7 AT 1.2.01 A.M.
ALLSFMCTIVR DATOBAR9 AND EXPIRING DECEMBER 11 2018 AT 12.01 A.M.
AT 12;01 AM PACIFIC
STANDARD TIME OR THR
TIME INDICATED AT
PACIFIC STANDARD TIME
C4?8
1561 E ORANGETHORPS AVE STE 240
FULLERTON, CA 92631
WE RAVE THE RIGHT TO RECOVER OUR PAYMENTS FRON ANYONE
LIABLE FOR AN INMRY COVERED BY THIS POLICY, WE WILY.
NOT.RNFORCE OUR RIGHT AGAINST THE PIERSON OR
ORGANIZATION NAMED IN THE SCHEDULE,
THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU
PERFORM, WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU
TO OBTAIN THIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
SCUOULS
PERSON OR ORGANIZATION
ANY PERSON OR ORGANIZATION
FOR WHOM THE NAMED INSURED
RAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
JOB DESCRIPTION
BLANKET WAIVER OF
SUBROGATIOX
9170147-17
RENEWAL
SP
7-84-»15--94
PAGE 1 OF 1
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE 'PERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS SNDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO. NOVENSSR 2, 2017
AUTHORIZED REPRESENT WE PRESOFNT AND CE0
2572
PROFESSIONAL SERVICES AGREEMENT
ON-CALL MUNICIPAL STORMWATER PERMIT COMPLIANCE SERVICES
(CWE CORPORATION)
1. PARTIES AND DATE.
This Agreement is made and entered into this /s day of , 20,E
(Effective Date) by and between the City of Rosemead, a municipal or n- atlon
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; Orangethorne Avenue, Suite 240, Fullerton, CA
92831-5202 ("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 municipal
stormwater permit compliance 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 general public works
and professional engineering 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 municipal
stormweter permit compliance services consulting services necessary for the Project
CWE CORPORATION
Page 2 of 11
CServices" ). The Services and hourly rates are more particularly described in Exhibit A
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.
3.9.2 Term. The term of this Agreement shall be from Effective Date
shown above to June 30, 2016, 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 djrection 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 Consultants 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
CWE CORPORATION
Page 3 of 11
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 Director of
Public Works, or his or her designee, to act as its representative for the performance of
this Agreement ("City's Representative"). City's Representative shall have the power to
act on behalf of the City for all purposes under this Contract. Consultant shall not
accept direction or orders from any pdrson other.than the City's Representative or his or
her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Mr.
Gerald E. Greene, DEnv, PE, QEP, QSD/P., 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 aat 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 omisslons
which are caused by the Consultant's failure to comply with the standard of care
provided for herein. Any employee of the Consultant or its sub -consultants who is
determined by the City to be uncooperative, Incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who falls or refuses to perform the Services In a manner acceptable to the
City, shall be promptly removed from the Project by the Consultant and shall not be
re-employed to perform any of the Services or to work on the Project.
32.5 Laws and Regulations. Consultant shall keep itself fully Informed of
CWE CORPORATION
. Page 4 of 11
and In compliance with all local, state and federal laws, fules and regulations In any
manner affecting the performance of the Project or the Services, including all CaVOSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall , be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, ,its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any ol'aim or liability arising out of any
,failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall maintain prior to
the beginning of and for the entire duration of this Agreement an insurance coverage
and policy 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
Contractor shall at a][ 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, as
specified In the attached Consultant proposal (i.e., hourly rates, expenses, etc.), but not
to exceed Twenty Thousand Dollars ($20,000.00) per fiscal year. Such payments shall
be made on an as -needed basis as directed by the City. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly Itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
CWE CORPORATION
Page 5 of 11
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 World' 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, at seq., as well as California
Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other
requirements on "public works" and "maintenance" projects. If the Services are being
performed as part of an applicable "public works" or "maintenance" project, as defined
by the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement, Consultant shall make copies of the prevailing rates
of per them 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 ilablilty arising out of any failure or alleged failure to
comply with the Prevailing Wage Daws.
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
CWE CORPORATION
Page 6 of 11
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such. termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. if this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the p6rformance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services.. In the event this Agreement is ,
terminated In whole or in part as provided herein, City may procure, upon such terms
and In such manner as It may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices, All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide In writing for this purpose;
CONSULTANT:
CWE Corporation
1561 E. Orangethorne Avenue, Suite 240
Fullerton, CA 92831-5202
Attn: Gerald E. Greene, DEng, PE, QEP, QSD/P
Tel: (714) 526-7500
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: Director of Public Works
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,
rhodify, reuse, or sublicense any and all copyrights, designs, and other intellectual
OWE CORPORATION
Page 7 of 11
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed In any tangible medium of expression, Including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data'). Consultant shall require all subcontractors to
agree In writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty In regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in. any way In
Its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3,5.3.2 Confidentiality, All Ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, -input record data,
written information, and other Documents and Data either created by or provided to
Consultant In connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the Services or. the Project. Nothing furnished to Consultant
which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name
or insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project In any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5A Cooperation; f=urther 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 other, arising out of or In connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all other costs of such' action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the
City, Its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, In any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of
Consultant, its officials, officers, employees, agents, consultants and contractors arising
out of or in connection with the performance of the Services, the Project or this
Agreement, Including without limitation the payment•of all consequential damages and
attorneys fees and other• related costs and expenses. Consultant shall defend, at
CWE CORPORATION
Page 8 of 11
Consultant's awn cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or Instituted against City, Its
directors, officials, officers, employees, agents or volunteers. Consultant shall pay and
satisfy any judgment, award or decree that may. be rendered against City or Its
directors, officials, officers, employees, agents or volunteers, in any such suit, action or
other legal proceeding, Consultant shall reimburse City and Its directors, officials,
officers, employees, agents and/or volunteers, for any and all legal expenses and costs'
Incurred by each of them in connection therewith or in enforcing the Indemnity herein
provided. Consultant's obligation to Indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees; agents
or volunteers.
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. Cl#y 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.
3.5.92 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agrgement 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.
3.5.93 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.
CWE CORPORATION
page 9 of 11
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 dr breach, whether of the same or other -covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party, any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, Illegal, or otherwise unenforceable by a court of competent jurisdictidn, 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.
CWE CORPORATION
Page 10 of 11
3.5.21 Authority to Enter Agreement, Consultant has all requisite power
and authority to conduct its business and to execute,' deliver, and perform the
Agreement. Each Party warrants that the Individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required, Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, If any, shall contain a provision
making them subject to all provisions stipulated In this Agreement.
[Signatures on next page]
-0
CWE CORPORATION
Page 11 of 11
CITY OF ROSEMEAD CWE CORPORATION
gy;- By: V . 20'
J AI City ane er a a Dat
9
Name: \(\K y6p►EW PA
Attest:
Title: Geo
ity Cle k Date
[if Corporation, TWO SIGNATURES; President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
By: .0- -
V'
Name:ksm 1�.�r ►r+•-
Title: Se-e�r±-
ljb CorPatjv. S"A
EXHIBIT A
SCOPE OF SERVICES/ HOURLY RATES
6
A-1
November 27, 2015
Mr. Rafael M. Fajardo, PE
City Engineer
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770
OWE
1564 E. ORANOErHORPL' AVENUO
SUITE240
FULLERTION, CA 92881-6202
(M) 526.750D PHONE
(714) 526.7004 FAX
www.owecorp.com
Proposal to Provide On -Call Municipal Stormwater Permit Compliance Services
Dear Mr. Fajardo,
CWE Is pleased to offer the City of Rosemead this proposal to provide on -Call Municipal Separate Storm
Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit Compliance
Services and are providing you with the enclosed Statement of Qualifications as a demonstration of the
broader range of services that our firm Is ready to provide to you and the City. CWE continues to grow
by consistently providing our municipal clients with an experienced industry-leading team of professionals
sldlled In managing and delivering civil and environmental engineering projects.
CWE Is a CASQA and APWA Section award-winning provider of water resources, watershed management,
transportation, environmental, planning, design, engineering, and construction support services. Clients
trust CWE to provide Innovative and sustainable solutions to complex problems that Impact municipal civil
Infrastructure, water resources, and the environment. CWE municipal clients, along with the MS4 Permit
seNloes provided, Include: San Bernardino County Flood Control District On -Call (NPDES) Municipal
Stormwater Program Regulatory Assistance, seven Los Angeles County MS4 Permit Watershed
Management Program (WMP) and Enhanced WMP (EWMP) Plans, City of Glendora NPDES MS4 Permit
Compliance Administration, City of Santa Clarlta Stormwater Program Implementation Assistance, and
Los Angeles County Mass Emission and Tributary Station Water Quality Monitoring. Related services.
include analyzing water quality priorities, evaluating existing and alternative Best Management Practice
(BMP) or Watershed Control Measures (WCMs), developing and Implementing monitoring programs,
preparing BMP and Low Impact Development (LID) guidance manuals, developing hydromodificatlon
management procedures, conducting public outreach, and preparing annual- campllance reports, over
the last ten years as a firm, and three decades as individuals, we have provided these services for dozens
of clients Including the Cities of Arcadia, Azusa, Bell, Bell Gardens, Bradbury, Carson, Commerce, Cudahy,
Downey, Duarte, Los Angeles, Maywood, Monrovia, San Gabriel, Santa Monica, Sierra Madre, Torrance,
Tustin, and Vernon, along with the Counties of Los Angeles, Orange, San Bernardino, and San Diego.
With the Los Angeles Regional Water Quality Control Board (LARWQCB) having provided comments to
guide revision of the draft Upper Los Angeles River EWMP on October 21, 2015, the City of RQs6mead Is
at a crossroads in Implementing the July 1, 2015 amended 2012 Coastal Los Angeles County MS4 Permit.
Within a few months, the City must fully Implement extensive new permit requirements, commit to
decades of costly local WCMs and regional BMPs, or potentially face immediate compliance monitoring
associated with implementation of the "baseline" permit requirements, without benefit of the protections
provided through the WMP or EWMP processes. Our staff Is already assisting other Rio Hondo watershed
"Engineering Solutions to improve the'Quallty of Life."
Mr. Rafael M. Fajardo, PE
November 2712015
Page 2
agencies, both above and below the City, with permit Implementation, water quality monitoring, and BMP
design services, so we are Intimately familiar with the precise Issues you will soon face and are ready to
guide City Management and staff by providing cost-effective solutions to watershed-slzed challenges.
Given the many potential options and alternatives remain available to the City, CWE would propose to
provide up *to twenty thousand dollars ($20,000) In On -Call Municipal Stormwater Permit Compliance
Services, on a -nme and Materials basis, based on our 2016' Rate Sheet shown on the following page.
Typically, CWS and agency representatives would meet and Identify an initial mix of minor anticipated
services (e.g. attend meetings, review F_WMP/cIMP revisions, staff. conference calls) with service levels,
while reserving approximately half the purchase order amount for uhldentifled future needs. Once these
minor tasks and levels are agreed to, CWE will then be able to provide the agency with Immediate
response or progress toward work product development. The Scope of Work for more substantial tasks,
such as annual report preparation or Industrial Inspections, would be outlined, level of service, progress
schedule defined with City staff input, and then, after receiving written directions to proceed from City
staff,'the task Initiated. As minor tasks limits are approached, CWE would then advise the CIty Staff to
decide whether replenishment is warranted. This approach to project and task definition, assures that
our staff are available when the City needs them, but limits unexpected surprises resulting from scope
creep or multiple agency staff providing CWE with assignments, without complete Internal authorization.
While CWE has found this approach to On -Call Service provision effective, we remain open to your
preferences and preferred approach to Project Management and Purchase Order or Contract control.
Whichever MS4 Permit implementation and compliance path the City eventually chooses to follow, CWE Is
eminently qualified to provide guidance and whichever services are most appropriate to that path. We
are an Integrated firm with a reputation for delivering engineering solutions that Improve the quality of
Ilfe In a cost-effective and holistic manner. Our emphasis Is on the development and implementation of
real world solutions that are practical and exist -effective to create value for our clients and enhance our
communities and environment Our Principals formed CWE to provide clients, such as the City of
Rosemead, with exceptional service to address challenging stormwater and urban runoff regulations,
while providing solutions that serve their needs and exceed expectations. 13y selecting CWE, you get an
experienced firm that understands the Importance of client satisfaction, Our proactive, spirited approach
to building positive relationships has been one of the primary reasons for our success and repeat clients,
CWE submits this Statement of Qualifications not simply as an expression of Interest, but as a personal
statement of our commitment to providing the leadership and resources necessary to render timely and
responsive services to the Clty. We look forward to further discussing our qualifications for this
opportunity. If you have any questions or require additional information, please contact me at
(714) 5264500 Ext. 207 br careen . cweoorn.com,
Respectfully submitted,
Gerald E. Greene, DEnv, PE, QEP, QSDJP
Director of Stormwater
Enc.
VIII to Sheet
gjneer(5cientfst Rate/Haar
Principal $250
Senior Project Manager $218
Project Manager' $194
Technical Manager $191
Task leader $168
Principal Englneer $164
Senior Engineer ' $156
Project Engineer $137
Staff Engineer $114
Assistant Engineer $92
Senior Environmental Scientist $116
Environmental Scientist $85
Construction Services
Construction Manager
$160
Senior Construction Inspector
$122'
Construction Inspector
$107
Field Survey
Licensed Surveyor
$145
3 -Person Survey Crew
$204
2 -Person Survey Crew
$165
Supp Et S ,C,rl _
GIS Specialist
$112
Senior Engineering Technician
$90
Engineering Technician
$79
CADD Deslgner
$92
Project Coordinator
$82
Administrative Assistant
$75
General
Direct Expenses Cost + 10%
Subcontract Services Cost + 10%
Specialized ComputerAppllcations (per hour) $15
Mileage Current IRS Rate
Field Vehicle — Hourly $12/hour
Field Vehicle — Dally $80/day
Field Vehicle*— Monthly $1,500/month
8&W Photocopies (per page) $0,10
Color Photocopies (per page) $0.50
Rates will be adjusted annually based on the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All
Urban Consumers,
Rates for Held equipment, health and safety equipment, and graphical supplies presented upon request.
Based on GINE maintaining General Liability Insurance for bodily Injury and property damage with an aggregate limit of $2,000,000
per occurrence, In the event the dlent desires additional coverage, CWE will, upon the client's written request, obtain WOW
Insurance and adjust the above billing rates accordingly.
STATEMENT
OF
QUALIFICATIONS
Submitted to:
City Of Rosemead
I
Table of Contents
TABLEOF CONTENTS ...... ......................■.wu..m...■nu.................0mn..............lu..nn.......uuu...... I
FIRMPROFILE ............................. ............. Vol ............ .. 1
URWICAnONS........................................ ,..,....,............. ............,.........,......................................... 2
OFFICELOCATIONS........................................................................................................................... 2
KEYPERSONNEL ...un.......................... I.......... I ........ N.. ........ fu..uu.nu..........p....................... o.0 3
SERVICEAREAS AND PRO]ECTS................................ tlY....................f....u.■.Y..U....i ............ O....... 8
cWz
Innovative and sustainable solutions to solve complex problems Involving civil Infrastructure, water
resources, and the environment. Our portfolio includes complex projects like the award-winning City of
Los Angeles Garvanza Park Rainwater Capture and Use; and the Burnett Avenue Street Rehabilitation and
storm Drain Design; Los Angeles Department of Water and power (LADWP) Owens Lake Dust Mitigation
Program Phases 7a, 9, and 11; Callfornia.Confldential Utility Provider Serrano Valley Transmission Towers
Hydrology and Hydraulics Study; orange County John Wayne AirpoFt (JWA) On -Call Environmental
Engineering; Orange County Sheriff -Coroner Department Spill Prevention, Control, and Countermeasures
(SPCC) Plans; and California Confidential Utility Provider Stormwater Permitting and Construction
Inspections; among many other important projects. We have served municipal clients including, but not
limited to the Counties of Orange, Los Angeles, San Diego, and San Bernardino, and Cities of Los
Angeles, Torrance, Carson, Garden Grove, Huntington Beach, Santa Clarita, Covina, and Moreno Valley;
utility agencl�s including the LADWP, Metropolitan Water District of Southern California (MWD), Palmdale
Water District, and two large confidential California utility providers; airports Including JWA, Los Angeles
World Airports (LAWA), and San Diego County Regional Airport Authority (SDCRAA); and other clients
Including the Callfomla Department of Transportation (Caltrans), Port of Long Beach (POLB), Los Angeles
County Fire Department (LACoi=D), and San Diego and Rio Hondo Community College Districts.
CWE Is an integrated firm with a reputation for delivering engineering solutions that Improve the quality
of life In a cost-effective and holistic manner, our goal is to provide clients with exceptional service that
exceeds their expectations and serves their needs. We develop and implement real world solutions that
are practical and cost-effective to create value for our clients and enhance our communities and
environment
�I-
Certifications
Office Locations
Orange County
1561. E. orangethorps Avenue
Suite 240
Fullerton, California 92831
San Diego
6640 Lusk Boulevard
Suite A205B
San Diego, California 921.21
-2-
Utah
925 E. 1040 S.
Suite 101
Springville, Utah 84663
CWz
CertifiCation
Certifying Agency
Federal
8(a) firm
U.S. Small Business Adminlstratlon
Stage
Minority and
California Unified Certification Program (CUCP)
Disadvantaged
Business Enterprise
MBE and DBE
MBE
California Public Utilities Commission CPUC Supplier Clearinghouse
Small Business
California Department of General Services
Ente rise SBE
Local
Community Business
County of Los Angeles COE Program
Ente rlse CBE
Local Business
City of Los Angeles
Enterprise(LBO)
MBE and DBE
City of Los Angeles
Emerging Business
City of Los Angeles Office of Small and Disabled Veteran Business
Enterprise EB
EnterDrise Services
SBE
The Network, NETConnect, Metropolitan Water District of Southern
Californla, City of San Diego, San Diego County Water Authority,
Minority Business Development Agency, Los Angeles Unified School'
District, Port of Los Angeles, Port of Long Beach, Los Angeles
Community College District
Office Locations
Orange County
1561. E. orangethorps Avenue
Suite 240
Fullerton, California 92831
San Diego
6640 Lusk Boulevard
Suite A205B
San Diego, California 921.21
-2-
Utah
925 E. 1040 S.
Suite 101
Springville, Utah 84663
CWz
Key Personnel
The following Is an overview of our key personnel and their experience and knowledge in the various
areas of civil engineering, water resources, stormwater management; environmental engineering, and
construction support services. -Complete resumes highlighting education, relevant experience, and
licenses are readily available upon request.
Vlk 8iapne, PE, CPSWQ, QSD/QSP
principal
Vik Bapna Is a Principal of CWS with 24•
years of experience In the planning,
engineering, management, and
construction of civil engineering projects.
'=. He has extensive experience developing
5 preliminary designs and construction
documents for Infrastructure and site development
projects. Vlk has managed over $100 million In large-
scale, multl-dlsdplinary projects far federal, state, and
municipal agencies. He is a registered Civil Engineer,
a CeOed Professional In Stormwater Quality
(CPSWQ), and a Qualified Stormwater Pollution
Prevention Plan (SWPPP) Developer and Practitioner
(QSDJP). VIWs experience Includes working for the
Los Angeles County Department of Public Works
(LACDPW) and Flood Control District as a Senior Civil
Engineer and Stormwater Manager for the
Los Angeles River, San Gabriel River, and Los Angeles
Harbor Watersheds for over 15 years.
-3-
Projects
■ Bellflower Boulevard Rehabilitation from
Oak Street to South Street
■ Santa Anita Avenue Improvements from
Fawcett Avenue to Durfee Avenue
■ Burnett Avenue Street Rehabilitation and
Storm Drain Design
LADWP Owens Lake Dust Mltigatlon
Program Phases 7(a), 9, and 11
City of Torrance Stormwater Basin and
Treatment Wetlands Enhancement Design
■ Callfornla Confidential Utility Provider
Serrano Valley Hydrology and Hydraulic
Analysis
■ City of Los Angeles Garvanza Park
Rainwater Capture and Use
■ Tuxford Storm Drain Design and Street
Improvements'
■ City of Carson Reflections Parse Design
■ Persico Commerdal Development Design
■ Los Angeles River and Tributaries Metals
TMDL Implementation Plan
CWVE oilers our clients important benefits including...
Jason Pereira, PE, CPSWQr QSQ/P, COP-ToR
Prindpa/
Jason Pereira Is a Principal of CWE with 21
z years of professional experience In the
(' planning, design, and project management
of civil Infrastructure and site development
projects In the public and private sector.
His experience includes Includes preparing
PS&Es for complex design projects, performing
engineering plan reviews, grading and drainage design,
and managing Improvement projects for parks and
other various public projects. in addition to his civil
design experience, Jason has performed sbormwater
permit compliants dudes and developed TMDL
Implementation strategies to reduce pollutant loads to
water bodies and ensure Indusbial and Municipal
National Pollutant Discharge Elimination System
(NPDES) Permit compliance. He Is a certified
Construction General Permlt Trainer of Record
(CGP-ToR), and has developed and administered
training courses to municipal clients throughout
Southern California. Prior to joining ONE, Jason served
as a CIA Engineer for the fACDPW and Flood Control
District for 13 years.
-4-
Projects
a City of Burbank Johnny Carson Park
Improvement and Stream Restoration
■ Peck Park Canyon Enhancement
Proposition 0 Pre -Design and Design
■ Compton OreekStorm Drain Dayllghting
Feasibility Study and Preliminary Design
• City of Santa Ciarita Hydromodltficadon
Analysis
IN San Bernardino County Flood Control
District On -Call Regulatory Assistance to
the San Bernardino County NPDES
Stdrmwater Program
a County of Orange John Wayne Airport
0n -Call Environmental Engineering
Services
■ Southern California Confldentlal Utility
Provider Stormwater Permitting and
Construction Inspections
• Rio Hondo Community College District
On -Call Civil Engineering Design
Rio Hondo/San Gabriel River Water Quality
Group Enhanced Watershed Management
Program (EWMP)
City of Westlake Village Lindero Canyon
Road Bridge Improvement
SDCRAA Stormwater Management
William Young, PE
D/nectrorOfEng/neeNng
William Young has 34 years of experience
in the management, design, and
construction of -public works and land
development projects. Recent
responsibilities Include project
management, public presentations, and
development of project staff. His experience In the
field of civil engineering has covered a diverse range of
projects throughout the State of California. The range
of projects and tasks Include channel and storm drain
facilities design, erosion control, storm water
permitting, master plans of drainage, floodplain
studies, CLOMR/LOMR processing, commuter rail
facilities, street and highway design, pavement
rehabilitation, sewer and water design, pump station
design, and stormwater detention facilities. His career
experience Includes three years of field surveying.
Survey experience includds field topography, boundary,
oonstrucUon staking, and as-bulit verification for
roadway Improvements, utilities, and flood control
pr6jects,
-5-
Projects
• City of Torrance North Well Field Phase II
Design
® City of Irvine Assessment District Eastfoot
Retarding Basin
• US Army Corps (USAGE) of Engineers
Los Angeles District Rlo Salado Oeste
Channel Restoration and Grade Control
Structure
• City of Burbank Marlposa Storm Drain
• Port of Long Beach Pler B Rail Facility
Infrastructure Program
Is Lower Ortega Highway (La Pata) Widening
City of San Diego Florida Canyon Drainage
and Erosion Improvements
County of Ventura Watershed Protection
District Santa Paula Creek Watershed
Planning
East Construction Authority Alameda
Corridor Temple Avenue Train Diversion
Amtrak Los Angeles Union Station
Run -Through Tracks Project Study Report
Victor Valley Wastewater Reclamation
Authority Satellite Plant Design
■ City of Glendora Sewer Master Plan Update
Gerald Greene, DEnv, Pg, QEP, QSD%P
Diredor afStnrrnwaler
Dr. Gerald Greene is CWE's Stormwater
Director and has 28 Years of diverse
experience performing and coordinating
complex stormwater management
services, Gerry has comprehensive
experience leading Municipal NPDES
Permit and Industrial Waste program compliance
efforts to meet California Regional Water Quality
Control Board (RWQCB) requirements. He has
provided legal council on the review and comment of
Federal and State water quality laws, policies, and
permits for Municipal Separate Storm Sewer System
(MS4) discharges and receiving water beneficial uses.
In addition to broad stormwater experience, Gerry has
a wide range of civil engineering design experience
Including retention/detention cisterns, drainpge
systems, paridng lot reconstruction, roadways, and
runoff treatment fadilties, He has prepared grant
applications that have been submitted to and approved
by various boards and committees. Prior to joining
CWE, Gerry worked for 10 years as a Principal Civil
Engineer and Stormwater Manager for the City of
Downey.
Projects
Congressman Steve Horn Way Low impact
Development Street Design
Mojave River Watershed Group (MRWG)
On -Call Stormwater Management Program
Implementation and Regulatory Assistance
A Los Angeles River Upper Reach 2
Watershed Management Program (WMP)
and Coordinated Integrated Monitoring
Program (LIMP)
IF City of Downey Municipal NPDES Permit
Annual Report Preparation, Program
Education and Outreach, and Staff Training
Assistance
City of Carson Pesticides and
Polychlorinated Blphenyls (PCBs) TMDL
Monitoring and Reporting Plan (MRP) and
Quallty Assurance Project Plan (QAPP)
Los Angeles Conservation Corps Compton
Creek Natural Park at Washington
Elementary
Temescal Canyon Stormwater Best
Management Practice (BMP) and Penmar
Water Quality Improvement Projects
Pre -Design Phase II
City of Carson Trash Reduction Grant
Application Assistance
CWz
Sen Wllllardlson, PhDr PE, QSDJP
Director of Water Re*roarew
Dr. Ben Wlllardson is CWE's Water
Resources Director, He has 17 years
of experience compiling and analyzing
data for flood control Infrastructure
for special studies related to
hydrology, hydraulics, and sediment
transport and developing BMP sizing criteria on a
region -wide basis. Ben has also managed the
operation of 14 dams and 27 spreading grounds for
flood control and water conservation within the
complex flood control system serving Los Angeles
County. Ben also represented the Interests of the
County during discussions with the Los Angeles
Regional Water Quality Control Board and
US Environmental Protection Agency (USEPA)
regarding discharge of water from Superfund sites
into the flood control system. Ben has acted as an
expert witness for litigation related to flooding and
has also conducted asset assessment for asset
management programs related to flood control
channels and road pavements.
Projects
Port of Long Beach Pork Wlde Capital
Improvement Stormwater Master Plan
o Caltrans District 7 North Fork Mabilja Creek
Geomorphology, Fish Passage, and Engineering
Los Angeles County Department of Parks and
Recreation Don Wallace Multiuse Trall
Connector
Pacoima Dam Spillway Analysis
® Arroyo Seco Hydrology and Hydraulics Study
p City of Agoura Hills Water Quality Master Plan
4 City of Los Angeles Bureau of Engineering
Potrero Canyon Design Services
Los Angeles County TMDL Design Storm
Analysis
City of Los Angeles Bureau of Sanitation TMDL
Specialized and Expert Services
4 Los Angeles County Burn Policy Methodology
for the Santa Clara River Watershed Pilot
Project
a City of Ontario MITI Creek Wetlands Feasibility
Analysis and Design Peer Review
Los Angeles County Flood Control District Eaton
Dam Spillway Hydraulic Analysis
-7-
Service Areas and Projects
CWE provides a full complement of consulting, engineering, and environmental services, our diverse
staff Is extensively experienced In areas Including civil engineering, stormwater and watershed
management, land planning, water resources, environmental, and construction support. project
experience highlights are Included on the foifowing pages, and detailed project descriptions are available
upon request.
-8-
Projects
Beilfiower Boulevard Rehabilitation from oak Street to South
Street
City of Torrance North Well Field Phase II Design
Burnett Avenue Street Rehabilitation and Storm Drain Design
�. LADWP Owens Lake Dust Mitigation Program Phases 7a, 9, and
10
Watershed Conservation Authority Azusa Wilderness Park
Structural Improvements and Stream Restoration
-. City of Los Angeles Garvanza Park Rainwater Capture and Use
(pictured above)
Lean Arch, Inc. Smart and Flnal Civil Engineering Design
Rlo Hondo Community College District On -Call Civil Engineering
Design
f Perslco Commercial Redevelopment
t
r USACE Fairfield ARC Stormwater Control Plan
Los Angeles County General Hospital Design -Build Wellness
Center
Projects
♦ Calffornla Confidential Utility Provider Serrano Valley
Transmission Towers Hydrology and Hydraulics Study
Caltrans District 7 Matili)a Creek Geomorphology, Fish Passage
Analysis, and Civil Engineering Design (pictured above)
City of Torrance Stormwater Basin and fireatment Wetlands
r Enhancement Design (CASQA Award -Winning)
Caltrans District 7 Solstice Creek Channel Stability and Rock
Slope Protection Analysis
City of Los Angeles Bureau of Engineering Potrero Canyon
Design Services
Port of Long Beach Port -Wide Capital improvement Stormwater
Master Plan
t
City of Ontario Mill Creek Wetlands Analysis and Design Beer
Review
Los Angeles County Flood Control District Eaton Dam Spillway
Hydraulic Analysis
Los Angeles County Department of parks and Recreation Don
Wallace Multiuse Trall Connector Hydrology and Hydraulic
Analysts
10 -
Prof ecb
Caltrans District 7 Corridor Stormwater Management Study and
Water Quality Volume Hydrology
Los Angeles Department of Water and power Stormwater
Capture Master Plan
San Bernardino County Flood Control District On -Call Regulatory
r. Assistance to the San Bernardino County NPDBS Municipal
Stormwater Permit
* Machado Lake Nutrient TMDL Source Identification Study,
Monitoring and Reporting Plan,•and Implementation plan
Marina del Rey Harbor Bacteria, Toxlcs, and Multi Pollutant
TMDL implementation Plan
Los Angeles River and Tributaries Metals TMDL Implementation
Plan
I No Hondo/San Gabriel River Water Quailty Group EWMP
Los Angeles River Upper Reach 2 WMP and CIMP
San Dlego Community College District Stormwater Design and .
Management Services
City of Santa Clarita Stormwater Management Implementation
Assistance.
-11- \ CWE7
Projects
Caltrans District 7 Groundwater Monitoring for I-105 and I-10
]ohn Wayne Airport on -Call Environmental Engineering Services
City of Glendora NPDES, Water Quality Administration, and FOG
Control Program
ti orange County Sherlff Coroner Department SPCC Plans
(pictured above)
-* California Correctional.Institutlon Tehachapi SPCC Update
Confidential Aerospace Fortune 50 Manufacturer Environmental
Compliance Program
City of Glendora Sewer Master Plan Update
Southern California Confidential Utility Provider Phase I and II
Environmental Site Assessments
r Weldmac Manufacturing Company Industrial SWPPP
t
General Industrial Activities Stormwater Permit Compliance
Assistance for Larry Fricker Company, Inc.
McLane Southern California Distribution Center Environmental
Services
•12-
Projects
Los Angeles County Department of Public Works As -Needed
Construction Related Services
Dominguez Channel Greenway Phase I and 2 Quallfied_SWPPP
Practitioner (QSP) Services (pictured above)
-a Termino Avenue Storm Drain Cofferdam and Diversion Pian
City of Los Angeles Garvanza Park Rainwater Capture and Use
Construction Administration (CASQA Award -Winning)
Southern California Confidential Utility Provider Stormwater
`r Permitting and Construction Inspections
City of Torrance Stormwater Basin and Treatment Wetlands
Enhancement Design and Construction Management
Coachella Valley Fugitive Dust Control
Los Angeles Conservation Corps Compton Creek Natural Park at
Washington Elementary Construction Management
City of Torrance Machado Lake Trash Screen Catch Basin
Construction Administration
City of Los Angeles Rainwater Harvesting pilot Program and
Downspout Disconnectlon Design -Build
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain Insurance in conformance with the requirementl, set forth below. Consultant
will use existing coverage to comply with these requiremebts. 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 using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent, Defense costs must be,
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one Insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on 180 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
coveragp for each such person.
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
Cqnsultant, 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 approprlate 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 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:
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 with an
edition prior to 1992. 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 writlhg.
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 town employee of the Insured or of any contractor or subcontractor.
a. 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
B-2
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 anytime 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 CRy 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, Engl6eer 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 selfinsured 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.
16. 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 obligatiori 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 provis€dns of any workers' compensation or similar. actwill not limit the
obligations of Consultant under this agreement. Consditant 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 anyway with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
M1
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.
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.
t
M
i
NWa:nnnOJ14 II-AINIR
CERTIFICATE OF LIABILITY INSURANCEVATA(MMIM M
121142016
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER$ NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NE12ATNELY AMENLI, ILKTSND OR ALTER THE COVERAGE AFFORDED RY THE POLICIES
!lCl t)w. 'THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETNIEEN THE ISSUING INSURER(S), AUTHORIZED
RE PRESE14TATNB OR PRODUCER, AND THE CIER11F'ICATId HOLDER. '
IMPORTANT., If the eertifieafs holder ie an ADA TIONAL INSURED, the 1101 10006) mi* be andoMed. It SUSROOATION IS WAIVED, subjeatto
the terms and conditions of 11`10 P*110yr Certain poltoles may require an andoraem94 A afatemerd an this cortIftasto does not cantor rlphts to The
aertlfloats holder In'Ifeu of such endorsoment s ,
PRODUCER Ucenes # 0787776
HUB Infornatlonal Insurance 8ervtaes Inc.
8Cente"Iftte Drriva
CPahpa. CA 60823
T
s 714 738.3177 714 7SIl�11if)
AGUnClOt
IN9u E DINLbCOVERAAlr NA100
( Crum & Forster SpecIalty Ineurenae Company 448120
,HOUND
OWE
15619, OmnVethorpe Avenue
$Uite 240
Fullerton, CA 6x831
INSURERS,iimfford Ataident and Indemnity Company 22367
IN Fireman's Fund Insurance Company 21873
I SURER a
I s
INBURERFt
v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 1SSUEOTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTNTHSTANDINQ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMIBIT WITH R.ESPECTTO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POWOIRS DESCRIBED HEREIN ISSU13JEOTTOALL IHS TERMS,
EKCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REOL1010 BY PAD CLAIMS,
UWArMOPINEURANRR
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PJICHOCOURRFJ t 4 R,Qp0,00
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RODUOTS+COAIPJOP AO0 46000,00
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0qy of Rossmsad Is taddlOonal (neared ss rBepaato tisnoral LfabIftly perendorsmnent /EN0320.0211. Genera Llabill4! R primary and non-dontdbutory par
enuarseMentORNH184211.01HI alldabllNyWaiver ofaubrogatlonapplies per ondorsomont88N010"911. WarkersCompensationwalvorof
subrogallon applies per ondorsoment WOM408118.
SHOULD ANY OF THE A0OVS 0611011IIBPA POLICIES BE CANCALLED BEFORE
of Roaemaed THE OVIRATICN DAVIS THEREOF NOTICE WILL BE 01131I RBD IN
City
City of
of PUb![a YIIRtILa ACCORDANCE WITH THB POLICY Pii6610N&
Dep883813 V011? Blvd,
Rosemead, A 61770 AU7ffOR=ftLQR0eeNrAtr0
A w f.
0 1088014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are ragiaterad mawks of ACORD
s
CrunA!.�!rster
tho i�h► � V"P
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY ,AND NON-CONTRIBUTORY ADDITIONAL.
INSURED WITH WAIVER OF SUBROGATION
This endorsement modifies Insurance provided under the following,
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILI7Y COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
or
Contract
SCHEDULE
A. SECTION 19 - WHO IS AN INSURED within the Common Provisions is amended to Include as an
additional Insured the person(s) or organiz-btlon(s) indicated in the Schedule shown above, but solely with
respect to "claims" caused In whole or In part, by "your wort' for that person or organization performed by
you, or -by those aoting on your behalf.
This'Insurance shall be primary and non-contributory, but only In the event of a named Insureft sole
negligence.
M We waive any right of recovery we may have against the person(s) or organization(s) Indicated In the
Schedule shown above because of payments we make for "damages" arising out of'Your work" performed
under a designated project or contract with that parson(s) or organization(s).
C. This Endorsement does not reinstate or Increase the Limits of Insurance applicable to any °clelm" to which
the coverage afforded by this Endorsement applies.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0118.0211 Page'I of 1
11
Crun. ester
W
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL. INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
A. Section III — Who is An Insured within the
Common Provisions Is amended to Include as
an Insured tho person(s) or organizetion(s)
shown In the Schedule, but only with respect to
liabliiiy.for "bodily Irdury" or "property damage"
caused, M whole or, In part, by 'Your world° at
the location designated and described: in the
schedule of this endorsement perthimed for
that additional Insured and Included In the
"produots-completed operations hazard",
ENDS20.0211 Page 1 of 1
CnnnWorster
IMNIX Pett a Lho WMEN gwop
THIS ENPORSOMENIT CHANGES THE teOUCY. PLEASE READ IT OAMFULLY,
AMENDED WAIVER OF TRANSFER. OF RIGHTS
OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
ONSrrE CLEANUP COVERAGE PART
SCHEDULS
SECTION %A,. COMMON CONDITIONS, Item 17. 'I mnsfer Of Rlghtrt of Recovery Against Others Vo tis
within the Common Provisions Is amended bythe addition of the following:
Solely as respects the pernon(e) or organization(s) indicated In the Schedule shown above, we waive any
right of recovery we may have against the person(e) or otganization(s) Indicated In the Schedule shown
above because of payments we realm for "damages" arising, out of your ongoing operations or,"your world'
performed under a written contract with that persons) or organintlon(s) and Included In the "produots-
completed operations hazarcF.
However,, this waiver shall not apply to "damages" resulting from the sols negligence of the person(aj or
organization(a) Indloated In the Sohadule shown above.
ALL OTHER TERMS AND CONDITIONS OFTHE POLICY REMAIN UNCHANGED,
EN0199-0211 Pagrs 1 a! 1
Workers' Compensation and Employers' Liability Lnsnrance pogey
W fdver of Our Right to Recover From ()thorn pgoor oment. CMUorn$a
WC 04 03 06
wits Mmawias i*ftottaa is not oomptow, rear to the Kpproprhtte"I dace attached to the polky.
Ioelrted Cali.i; 7a Wat;ex ed
Engineer Ing orpdration
Producer Rub International
sebodulo
Pww i or 0*zludoa
70*7 Number WZC81030004
RMN*G bde 12/0I/2015
lob Doedptlam
BLANKET WAIVER
ANY PMON(s) OR ORGANSzATXoN (s) WHOM THE INSURRA AaRggs, IN A
WRITTEN CONTRACT
AddM=d ft&mhm %
We bm the r4bt io mver ow paymams biM aay
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Attachment C
Amendment #1
CITY OF ROSEMEAD '
20182019 STORMWATER MANAGEMENT SERVICES
(CWE)
AMENDMENT #1
The Agreement that was made and entered Into on the 291h day of August 2018 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 Boulevard,
Rosemead, CA 91770 and CWE with Its principal place of business at 1661 E.
Orangethorpe Avenue, Suite 240, Fullerton, CA 92831, is hereby extended from the
period of July 1st, 2019 through June 301h, 2020. All existing provisions of the original
agreement, and previous extension of the perlod August 291h, 2016 through June 30th,
2019, shall remain Intact,
Signed:
CITY OF ROSEMEAD CWE
217 fat
a o e a Date Vik Bapna Data
City Manager
Attachment D
Proposal from Consultant
Update required information in blue and check insurance
limits. Use PSA template for architects/engineers/design
professional services.
PROFESSIONAL SERVICES AGREEMENT
[INSERT TYPE OF PROFESSIONAL SERVICE]
[INSERT COMPANY NAME]
1. PARTIES AND DATE.
This Agreement is made and enter.'
(Effective Date) by and between the .:e
organized under the laws of the State of 0N."Ji.f.p......i
W,
8838 E. Valley Blvd., Rosemead, California`911,*
[INSERT TYPE OF ENTIT---,.Y-.-.:.1.1 CORI
PROPRIETORSHIP OR OTHERi��.��
ENTI
[INSERT ADDRESS] C'Consulta6tl:�)-":;d"ty::::-end
referred to herein as "Party" and co ive Y:.-aw�
2. RECITALS.
to this Day of 20
Rosemead, a<>rYtunicipal organization
a with its princip i ....lace of business at
,0 and E. NY] a
M
COPA
SOLE
).RA.T-.,,.I,Q'N, PARTNERSHIP,
its principal place of business at
�ortapt are sometimes individually
'artiest" <L.
2.1 Consult -fit,
responsibility for the provision of certain
Conaultant.d assure
na ............... re u :by tfi' terms and conditions set forth in this
professloht in providing [INSERT TYPE OF
Agree :1P Sul s that it ig:
SERVIC'--:]_consulting sa—fv"-IQeS 0 t ic clients, is licensed in the State of California and
_
is famili ns
2.2 Pry §-p
City desires:`t.qngagfi-Oonsultant to render such ongoing professional [INSERT
NAME OF PROJECf]`.(!.::Ujffl6es") 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 [INSERT TYPE
OF SERVICES] services necessary for the Project, herein referred to a "Services". The
(INSERT COMPANY NAME]
Page 2 of 17
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.
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.
[INSERT COMPANY NAME]
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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
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.
[INSERT COMPANY NAME)
Page 4 of 17
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 Pees 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
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,
[INSERT COMPANY NAME]
Page 5 of 17
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
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.
[INSERT COMPANY NAME]
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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:
CONSULTANT:
[INSERT COMPANY NAME]
[INSERT ADDRESS]
Attn: [INSERT PRIMARY CONTACT]
Tel: [INSERT PHONE NUMBER]
CITY:
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: [INSERT CITY CONTACT]
Such notice shalt 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.
[INSERT COMPANY NAME]
Page 7 of 17
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.
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.
[INSERT COMPANY NAME]
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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.
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.
[INSERT COMPANY NAME]
Page 9 of 17
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in
this Agreement. All references to City include its elected officials, officers, employees,
agents, and volunteers except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only, and
do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party
any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: if any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. 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
[INSERT COMPANY NAM El
Page 10 of 17
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.
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]
[INSERT COMPANY NAME]
Page 11 of 17
CITY OF ROSEMEAD
Gloria Molleda, City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form:
[INSERT COMPANY NAME]
By:
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]
Page 12 of 17
EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE
[INSERT COMPANY NAME)
Page 13 of 17
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
determined, not requiring actual payment by the insured first. There shall be no cross-
(INSERT COMPANY NAME]
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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 V11.
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 (or
otherwise consistent with the insurer's endorsement). 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.
[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.
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
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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
obligation is not effective until City executes a written statement to that
effect.
(INSERT COMPANY NAME]
Page 17 of 17
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.
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 E
Draft Professional Services Agreement
June 4, 2020
EMAIL
Mr. Chris Dast6
Director of Public Works
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770
OWE
1661 E. ORANGETHORPE AVENUE
SUITE 240
FULLERTON, CA 92831-6202
(114) 626.7600 PHONE
(714) 626.7004 PAX
www.cwecorp.com
Proposal to Provide MS4 NPIDES Permit Services to the City of Rosemead
Dear Mr. Dastd,
CWE Is pleased to submit this proposal to continue providing the City with Phase I Municipal Separate
Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit services.
Understanding
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
municipalities, including the City of Rosemead (City). The adoption of each permit has led to differing
contentious interpretations of federal, state, and local law, regulatory appeals, and frequent litigation.
The current permit Is the subject of a State Water Resources Control Board (SWRCB) draft "Own -Motion"
Order that would Introduce further costly requirements, a Commission on State Mandates Unfunded
Mandate Test Claim that would refund permit implementation costs or partially preclude Permittee
directed enforcement, and a Superior Court decision rescinding permit Numeric Effluent Limitations
(NELs), which has been appealed by the State and Regional Water Boards to Division Three, of the
Fourth Appellate District, of the State of California Court of Appeal. While the current MS4 permit expired
on December 28, 2017, discharges continue to be regulated under its requirements, until adoption of a
replacement fifth term Permit by the LARWQCB, anticipated to potentially become effective July 1, 2021,
The repeatedly amended 2012 MS4 Permit encouraged Permittees to form Watershed Management
Program (WMP), or Enhanced WMP (EWMP), groups to develop implementation plans to achieve regional
Water Quality Objectives (WQOs). The City joined the Upper Los Angeles River (ULAR) EWMP Group, led
by the City of Los Angeles, which includes fifteen other cities, the Los Angeles County Department of
Public Works (LACDPW), and Los Angeles County Flood Control District (LACFCD). The LARWQCB
approved, April 20, 2016, ULAR EWMP Implementation plan estimated twenty-year City compliance
project costs of $110 million, while the 2018 passage of Measure W, the Safe Clean Water Program,
estimated annual transfers of less than $580,000, assuming City Agreement adoption later this summer.
Creating a Better Tomorrow, Today7m
Mr. Chris Dast6
June 4, 2020
Page 2
On August 29, 2018, the City entered Into a ten-month Stormwater Management Services Professional
Service Agreement (PSA) with CWE; however, City Public Works management changes delayed Notice To
Proceed (NTP) Issuance, "Kick Off" meeting scheduling, and the initiation of some, City -dependent, tasks.
On April 4, 2019, the LARWQCB Issued the City a Los Angeles River Trash Total Maximum Dally Load
(LAR TTMDL) Notice of Violation (NoV) and, by June 16, 2019, City Council and Staff Management
directed CWE to reprloritize original PSA contract budget, from ongoing lower priority tasks, to NOV
Investigation and response development. The only remaining tasks, within the prior PSA, are one (1)
staff training, deferred by CoViD-19 limitations, and a Regional Best Management Practice (BMP) Study,
deferred while City Management considered MS4 Permit and EWMP Implementations strategy revision.
Scope of Work
Following receipt of the City NTP, CWE proposes to provide the following MS4 Permit Compliance Services
through June 30, 2021, with annual reporting services to be provided through December 31, 2021,
Task 1— Remote Meetings The ULAR EWMP Group and Its Bacteria Load Reduction Strategy (LRS)
Technical Subcommittee, which directly impacts the City, convenes monthly; the Los Angeles Permit
Group (LAPD) meets during alternating months; and we anticipate the need to attend up to six (6) City
Council, City Staff, Safe Clean Water Program (SCWP), or LARWQCB Permit adoption meetings. Meeting
participation allows CWE to identify cost-effective draft fifth term MS4 Permit, ULAR EWMP and CIMP
,Group Implementation strategies for City Management concurrence. We recommend budgeting for
twenty-four (24) three-hour remote meetings and follow up activities prior to June 30, 2021,
Task 2 — Safe Clean Water Program Assistance Following voter passage of Los Angeles County
Measure W, the SCWP, In November 2018, the County Board of Supervisors (BOS) authorized release of
a Local Transfer Agreement which, assuming City Council adoption this summer, should annually return
over $500,000.00 in impervious area based property assessment fees to the City. Proposed expenditures
of SCWP monies must meet required implementation and accounting criteria then be reported back to the
Los Angeles County BOS. CWE will assist the City Public Works and Finance Departments In budgeting
these funds and developing the required documentation. Based on the directions of City management,
local priorities, and evolving opportunities, CWE will also prepare one Regional BMP project application
packet, following criteria Identified by the Rio Hondo Watershed Area Steering Committee (WASC).
Task 3 — City Staff and Contractor Training The current MS4 Permit Identifies four categories of
mandatory annual staff and contractor training, which we condense Into Planning/Construction and Illicit
Connection/Illicit Discharge (IC/ID) training sessions to reduce costs. These two-hour presentations will
be scheduled, In consultation with Field Supervisorlal personnel, either at the beginning or end of a shift,
for staffing efficiency. Presentation are made by CWE Senior Management, experienced with private and
public agency cases, using an engaging, locally relevant, Microsoft Office Power Point® presentation made
to between five and twenty city staff 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 down 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 participant staff Interest.
Mr. Chris Dast6
June 4, 2020
Page 3
Task 4 — Public Information and Participation Program (PIPP) Remotely attend permit required
quarterly County, Watershed, or WMP PIPP remote meetings, Prepare up to six (6) residential or primary
education stormwater pollution source control informational pamphlets, web page, or similarly mutually
agreeably, concept work products, suitable for City duplication and distribution or webmaster posting.
Task 5 — Redevelopment Planning, Construction and Post -Construction Inspection Services
CWE Is advised that the City has retained other firms to provide generic municipal planning, building, and
construction Inspection services; however CWE will provide supplemental MS4 Permit specific Low Impact
Development (LID) plan checks, Construction Site Erosion Control and Post -Construction General Permit
(CGP) Best Management Practices (BMPs) Inspection Services, under the direction of state certified CWE
Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer or Practitioner (QSD/P). Up to four
hours per month, or forty eight hours by June 30, 2021, would be dedicated to supporting other contract
staff in the subject tasks; with plan review taking precedent over Inspections, municipal construction site
storm inspections taking precedent over those of private construction sites, and post -construction or CGP
BMP Implementation and maintenance Inspections having the lowest priority.
Task 6 — Public Facility and Retrofit Opportunity Inventory CWE will prepare the MS4 Permit Part
VI.9.c required electronic Inventory of City Facility sites, Including Part VI.9.d required Identification and
evaluation of concept level LID and BMP retrofit Implementation opportunities.
Task 7 — Illicit Connection/ Illicit Discharge Investigation and Pollution Source Control
Understanding that primary enforcement responsibilities remain with City Code Enforcement Officers and
Construction Inspectors, CWE we provide up to twenty hours of remote or onsite MS4 Permit required
Illicit Connection/Illicit Discharge (IC/ID) Investigation and Pollution Source Control support services.
This task emphasizes public education and outreach, over enforcement, and may extend to Include the
conceptuallzation of BMP Implementation concepts to correct existing and prevent future discharges.
Task 8 — Prepare 2020 and 2021 Individual Annual Reports CWE will timely draft, In Microsoft
Word@ format, the City Individual Annual Report, based on past submittals, Implementation data,
transmittals, and the City website. This draft will highlight where additional City staff input on budgeting,
planning, enforcement, and building safety tasks are needed. Based on City staff Input, the draft will be
timely submitted to the ULAR EWMP Group Coordinator, currently Dawn Petschauer of the City of Los
Angeles, utilizing the Los Angeles County Watershed Reporting, Adaptive Management, and Planning
System (WRAMPS) process. Following assemblage, the first draft will be reviewed by CWE for missing
data or verbiage that could be adversely misconstrued, a final draft provided to the City for review, and
the Unified Report converted by others into a Portable Document Format (PDF) file, for the LARWQCB
submission by December 19, with a copy provided to the City for recordation.
Limitations and Assumptions
CWE proposes an eighteen -month Professional Services Agreement (PSA) term, to coincide with the MS4
Permit July 15t to June 301h implementation period, followed by compliance reporting through December
of the trailing year, 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:
Mr. Chris Dast6
June 4, 2020
Page 4
1. Since the contents of the draft and final fifth term MS4 Permit are subject to revision and
subject to revision by SWRCB Own Motion Order, the City should anticipate the need for PSA
revision to analyze the permit contents and devise cost-effective Implementation strategies,
2. Confined space entry of MS4 facilities is unnecessary and outside of our Scope of Work,
3. Based on the Non-Stormwater Outfall Discharge Prioritization results, no additional surveys,
water quality monitoring, or source control studies are proposed.
4. CWE understands that others Intend to Implement the LAR TTMDL, through the Installation of
Full Capture System (FCS) compliant Connector Pipe Screens, and our responsibility for further
Implementation of the July 31, 2019, LARWQCB NOV Compliance Plan Is complete.
5. City will directly provide any necessary Spill Response and Traffic Control services.
6. Any City Encroachment Permits will be Issued as no fee Permits.
Fee
The following table identifies the level of effort that CWE associates with each of the Identified tasks.
1
Remote MS4 Permit and SCWP Meetings $13,800
2
Safe Clean Water Program Assistance
$12,948
3
MS4 Permit Required City Staff and Contractor Training
$10,341
4
Public Information and Participation Program (PIPP)
$11,200
5
Redevelopment Planning and Construction Inspections
$7,753
6
Develop Public Facility and Retrofit Opportunity Inventory
$8,804
7
Illlcit Connection/Illicit Discharge (IC/ID) Investigations
$3,902
8
1 Prepare and Submit Individual Annual Compliance Reports
$21,199
Total Fee
$89,947
Most 2012 MS4 Permit tasks will be completed by June 30, 2021, with reporting tasks completed by
December 31, 2021. This work would be completed on a Time and Materials, Not to Exceed cost basis of
$89,947.00. This proposal is valid for ninety (90) days, from the letter date. If any questions arise,
please reach out to me at (714) 526-7500 Ext. 207 or gereeneacwe,corp.com.
Respectfully submitted,
CWE
f �L
Gerald Greene, DEnv, PE, QEP, QSD/P
Director, Stormwater