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CC - Item 4D - Award of a Professional Services Agreement for Municipal Separate Storm Sewer System (MS4) Permit Compliance and Support ServicesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AN CITY COUNCIL FROM: BEN KIM, CITY MANAGE DATE: SEPTEMBER 27, 2022 SUBJECT: AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT COMPLIANCE AND SUPPORT SERVICES SUMMARY On September 7, 2021, the City awarded CWE an agreement to provide Municipal Separate Storm Sewer System (MS4) permit (Permit) compliance and program support services to the City for a period of eighteen months. The agreement between CWE and the City expires on December 31, 2022. As a,result, on August 18, 2022, the City released a Request for Proposal for MS4 Permit Compliance and Support Services. The City received four proposals prior to the submittal deadline. Based on staff s evaluation, CWE submitted the most qualified proposal demonstrating a complete understanding of the scope of services and relevant experience with local agencies. Staff requests that the City Council authorize the City Manager to execute a Professional Services Agreement (Agreement) with CWE for MS4 Permit services in the negotiated amount of $162,999 for the First Period of the Agreement, $110,775 with annual CPI increase for the Second Period, and the Third Period in the amount based on the Second Period total amount increased by annual CPI. On November 8, 2012, the California Regional Water Quality Control Board, Los Angeles Region (Water Board) adopted the new county wide National Pollutant Discharge Elimination System Permit for the County, the County Flood Control District, and 84 of the 88 incorporated cities within Los Angeles County. This Permit became effective on December 28, 2012 and gave the permittees options for complying with the Permit. On July 27, 2013, the City of Rosemead selected to join the City of Los Angeles along with 17 other agencies to form the Upper Los Angeles River (ULAR) Watershed Management Plan (WMP) group to conform to the Permit requirements. As of July 23, 2021, the fifth term of the Permit was adopted, further complicating permit compliance by changing established norms. The mandated compliance with the MS4 Permit is specialized and complex. Requirements include stormwater runoff quality testing, industrial/commercial facility inspections, City staff/contractor education and training, community outreach, compliance with numerical limits set by Total Maximum Daily Load (TMDL), and collaboration among permittees and agencies. AGENDA ITEM 4.13 City Council Meeting September 27, 2022 Page 2 of 4 The City has utilized numerous firms to assist with MS4 Permit support services over the years and has retained CWE to manage the City's MS4 Permit program since 2018 to perform compliance services. DISCUSSION On August 18, 2022, the City released RFP. No. 2022-18 MS4 Permit Compliance and Support Services. The City received four proposals prior to the submittal deadline. A summary of the proposals received is provided below: FIRM (Alphabetic Order) LOCATION PROPOSAL AMOUNT CASC Glendora, CA $137,575 CWE Fullerton, CA $162,9991 Socal Stormwater Solutions Sherman Oaks, CA $163,915 Willdan Industry, CA $123,284 1. CWE's initial fee proposal was $177,216. After fee negotiations a revised fee was negotiated in the amount of $162,999. Staff performed a comprehensive evaluation of the proposals based on compliance with the RFP requirements including experience, understanding of scope of services, and responsiveness to the RFP. Based on the evaluation, it was determined that CWE submitted the most qualified proposal, demonstrating a better understanding of the scope of services by providing a tailored approach to the City's needs and relevant experience with local agencies. Furthermore, during the evaluation, staff entered into fee negotiations with CWE and a revised fee was negotiated in the amount of $162,999. CWE was specifically founded to provide NPDES services to public agencies. Their extensive technical and regulatory expertise has been a considerable benefit to the City's MS4 Permit compliance efforts. Within the last fiscal year, CWE has completed critical MS4 Permit compliance tasks including preparation of the MS4 Annual Compliance Report, preparation and submission of a Minimum Frequency of Assessment and Collection (MFAC) Plan, development of a Safe Clean Water Program Annual Plan and Expenditure Report, completion of over 200 Industrial/Commercial Facilities Program inspections, preparation of outreach materials for facility inspections, attendance in water group meetings, preparation of an evaluation of potential regional BMP projects, and performed six (6) Low Impact Development (LID) reviews for development projects. CWE has a complete understanding of the MS4 Permit and the City's compliance requirements. Continuing to retain services from CWE is the most advantageous option given the need to adapt to a new Permit and their familiarity with current and potential stormwater BMP projects within the City. The Water Board has set an MS4 Permit Compliance Period of approximately 18 -months including an Implementation Period of 12- months from July 1st to June 30th, followed by a 6 -month Reporting Period from July 1st to December 15th. The Implementation Period scope includes the City's MS4 Permit implementation work to meet Permit requirements. The Reporting Period includes preparation of reports that outline and summarize the work performed during the City Council Meeting September 27, 2022 Page 3 of 4 Implementation Period (July 1St — June 30a). Furthermore, during the Reporting Period, coordination is performed between the City and ULAR to compile reports for submission to the Water Board by December 15a. The Compliance Period schedule is performed annually and is based on Permit guidelines. CWE's proposed schedule for the MS4 Permit services is aligned with the Water Board's Compliance schedule and includes a First Compliance Period of 15 -months and Second and Third Compliance period of 18 -months as shown in Figure 1. The First Period of the Agreement includes a duration of 15 months rather than 18 months due to 3 months of implementation work completed under CWE's current agreement with the City which expires December 31, 2022. Furthermore, due to the Board's Compliance schedule, there is a 6 month overlap between the Implementation Period and previous Reporting Period as shown in Figure 1. However, the work for each period is separate and restricted to each Compliance Period. First Compliance Period - 15 Months' (October 1, 2022 - December 31, 2023) First Implementation Period - 9 Months (October 1, 2022. lune 30, 2023) , , . 6 Months Figure 1 - MS4 Permit Compliance Schedule Second Compliance Period - 18 Momhs (July 1, 2023 - December 31, 2024) Second Implementation Period - 12 Months Second Reporting Period (Jury 1, 2023 -June 30, 2024) 6Months IJUIy 1.24. Dec. 31. 241 Third Compliance Period - 18 Months (July 1, 2024 - December 31, 2025) Third Implementation Period -12 Months Third Reporting Period (July 1, 2024 -lune 30, 2025) ._ ._ _ . 6 Momhs-.... 1. The First Period includes a duration of 15 months rather than 18 months due the 3 months of implementation work completed under CWPs current agreement which expires December i3 2012. The First Period includes Task 9 - Regional BMP Development Opportunities, which is a continuation of the City's on-going analysis of potential stormwater BMP projects. Task 9 will include preparation of a stormwater BMP project feasibility study to facilitate project design and to support the preparation of grant and Safe Clean Water Program funding applications. The Second and Third Periods of the Agreement excludes Task 9 and the reduced scope of work will lower the cost of the services for the Second and Third Periods. Staff requests that an Agreement with CWE be authorized for a one (1) 15 -month period and two (2) 18 -month periods with the option to extend for two (2) additional 18 -month periods in the amount of $162,999 for the First Period. The Second Period fee is in the amount of $110,775 with an annual CPI increase, and the Third Period is in the amount based on the Second Period total amount increased by annual CPI. City Council Meeting September 27, 2022 Paee 4 of 4 STAFF RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute a Professional Services Agreement with CWE for MS4 Permit Compliance and Support Services for a term of one (1) 15 -month period and two (2) 18 -month periods with the option to extend for two (2) additional 18 -month periods. The First Period (October 1, 2022 — December 31, 2023) is in the amount of $162,999. The Second Period (July 1, 2023 — December 31, 2024) is in the amount of $110,775 with annual CPI increase and the Third Period (July 1, 2024 - December 31, 2025) is in the amount based on the Second Period's total amount increased by annual CPI. FINANCIAL IMPACT The funding for the MS4 Compliance and Support Services is included in the Approved FY 22-23 Budget. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Michael Chung, P.E. Director of Public Works Attachment A: RFP No. 2022-18 Attachment B: CWE Proposal Dated 9/21/2022 Attachment C: Professional Services Agreement Attachment A Request for Proposal No. 2022-18 CITY OF ROSEMEAD REQUEST FOR PROPOSAL NO. 2022-18 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT PROFESSIONAL COMPLIANCE AND SUPPORT SERVICES SUBMITTALS: Three (3) bound copies and one (1) electronic PDF file on flash drive or CD of the proposal in sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by: no later than September 6, 2022 at 10:00 am or Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids at: https://I)bsystem.planetbids.com/portal/54150/portal-home Proposals submitted through PlanetBids Vendor Portal shall be submitted no later than September 6, 2022 at 10:00 am CONTACT PERSON: Michael Chung, Director of Public Works City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626) 569-2158, MChung@cityofrosemead.org PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED. Please direct questions or concerns regarding this RFP to Michael Chung, Director of Public Works via email: MChung(&cityofrosemead.org or on the City's PlanetBids Vendor Portal by August 25, 2022 by 5:00 pm. Answers to submitted questions will be posted on the City's website and Planetbids. This RFP is posted on the City's website and Vendor Portal Hosted by PlanetBids at: https://pbsVstem.planetbids.com/portal/54150/portal-home Please review the requirements of the RFP and submit your proposal by the date specified. Issued by: Michael Chung, Director of Public Works City of Rosemead City of Rosemead — Public Works RFP No. 2022-18 A. INTRODUCTION/OBJECTIVE The City of Rosemead's Public Works Department is requesting proposals to provide a Phase I Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit professional compliance and support services as required by California Regional Water Quality Control Board, Los Angeles Region (LARWQCB) Order No. R4-2012- 0175-AO1, the amended Coastal Los Angeles County MS4 NPDES Permit. B. BACKGROUND The Public Works Department administers the City of Rosemead's MS4 Permit Program and local implementation of the City of Los Angeles led Upper Los Angeles River (ULAR) Watershed Management Program (WMP) and Coordinated Integrated Monitoring Program (CIMP) Plans. Permit enforcement is primarily through Rosemead Municipal Code (RMC) Chapter 13.16. Requested services will be provided annually from July 1St to June 301h and summarized within individual and watershed annual reports to be submitted to the LARWQCB by December 15th. Professional Services Agreement (PSA) and Notice to Proceed (NTP) issuance after July 1St may result in reprioritization of task scheduling and budgets, so that necessary work can be completed in a satisfactory and timely manner. C. SCOPE OF SERVICES 1. Meetings: Attend kickoff meeting with City staff, twelve (12) regional meetings (such as LAPG, ULAR, or MS4 Permit related workshops), and four (6) informal City staff or management meetings or additional external meetings. Agenda and summaries will be prepared for each City meeting; however formal presentations will not be prepared. 2. Safe Clean Water Program Assistance: Propose eligible project or program expenditures to assist in achieving compliance with the MS4 Permit. Coordinate with City staff to compile the Safe Clean Water Municipal Program Annual Plan that is due each year to the Los Angeles County Flood Control District (District) by April 1. Assist in preparing informational literature on the potential uses of SCW Program funds and assist in securing potential Safe Clean Water Program grant opportunities. Prepare the Annual Plan and Expenditure Reports with City support. 3. Annual Staff Training: State registered Qualified Industrial Stormwater Practitioner (QISP), Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD), or Practitioner (QSP). Consultant staff shall provide annual training according to MS4 Permit to designated City staff: a. Construction/Erosion Plan Review and Permitting b. Erosion/Sediment Control Plan Inspection c. Stormwater Targeted Public Employee and Contractor FOEFO& A Page 2 of 9 City of Rosemead — Public Works RFP No. 2022-18 d. Staff Illicit Connection/Illicit Discharge Response 4. Public Information and Participation Program: Develop activity specific public education content, regarding source control BMPs, use and disposal of MS4 Permit pollutants relevant to Rio Hondo Reach 3 and downstream receiving water impairments, for incorporation by the City Webmaster or distribution by the City. 5. Industrial/Commercial (I/C) Facilities Program: The City of Rosemead's Business License database consists of approximately 200 food service, 100 automotive repair, 20 Retail Gasoline Outlets (RGO), and 6 nursery facilities, while the state Stormwater Multiple Application and Report Tracking System (SMARTS) includes five (5) active traditional and one (1) No Exposure Certification (NEC) Industrial General Permit (IGP) holder. Each facility must be inspected twice, at least six months apart on an annual basis. Consultant would send a City reviewed pre -inspection notification letter on City letterhead to half of the aforementioned facilities, conduct inspections using a City reviewed form, and develop an I/C facility program tracking database with the attributes identified in the MS4 Permit. By July first, electronic scans of the completed inspection forms, inspection photographs, significant business specific communications, I/C Program tracking database, and Geographic Information System (GIS) shape files would be submitted to the City's Project Manager. Consultant will review the City of Rosemead's Business License Fee Schedule and provide corresponding Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes for future use by City staff, during the licensing process. Consultant will review Primary Business Activities (PBAs) in the Business License database and identify corresponding SIC and NAICS codes. Consultant will provide per inspection category rates, for newly identified facilities, follow up, and enforcement inspections. Consultant will provide the identified number, type and associated I/C Facility inspections services, identifying additional per inspection rates for each I/C identified category. At the conclusion of the permit service period in June, electronic scans of the completed inspection forms, inspection photographs, significant business specific communications, the tracking database, and associated GIS shape file would be submitted to the City Project Manager. The actual number and categories of inspections completed will be subject to adjustment based on prioritization and funding. a. Two (2) traditional (NOI) IGP facility inspections with pre -inspection notification letter and development of a City approved IGP inspection form. b. One (1) IGP facility NEC verification inspection with pre -inspection notification letter. c. One (1) IGP Non -filer (businesses with SIC codes identified in Attachment A to the IGP) inspection with pre -inspection notification letter. d. One (1) IGP facility inspection, with pre -inspection notification letter, leading to Consultant drafting, or issuing on City Letterhead, an NOV letter. e. One hundred (120) Commercial Food Service (FS) inspections with pre - O E & Page 3 of 9 City of Rosemead — Public Works RFP No. 2022-18 inspection notification letter and development of a City approved FS inspection form. f. Fifty (50) Commercial Auto Repair or RGO inspections with pre -inspection notification letter and development of a City approved RGO inspection form. g. Twenty (20) Other inspections or visits, with pre -inspection notification letter, including nurseries, validation of facility closure, denial of access, assessment of tentative SIC/IGP Attachment A applicability. 6. Redevelopment Planning: RMC Chapter 13.16.180 incorporates Los Angeles County Code Chapter 12.84 Low Impact Development (LID) Standards in their entirety. Consultant will provide up to eight (8) LID storm water project reviews on an as -needed basis, for each projects of less than five acres, based on MS4 Permit criteria. Larger projects would be reviewed on a negotiated time and materials basis. Developer provided Project and Best Management Practice (BMP) tracking data will be input into the Watershed Reporting Adaptive Management & Planning System (WRAMPs), other suitable City software, or database, using City provided identification and passwords. 7. Redevelopment Construction Inspections: On an as -needed basis, Consultant will provide up to four (4) Erosion and Sediment Control Plan (ESCP), Construction General Permit (CGP), or City Project Inspections as prioritized by City staff. Consultant will draft inspection forms for City review prior to first inspection. Correction and Enforcement (NOVs) actions will be a result of these inspections where appropriate and forwarded to the City for signature and delivery. Permit required construction inspection tracking data will be provided to the City Project Manager within one week following the inspection. 8. Post -Construction BMP Inspections: City has four (6) active CGP projects identified in SMARTS, for which LID and BMP criteria were unavailable during ULAR Reasonable Assurance Analysis (RAA) and EWMP development. City will assemble, for onsite review, SUSMP, SWPPP, BMP design, and maintenance covenants for the projects. Over three (3) days, Consultant will use Best Professional Judgment (BPJ) and City reviewed forms, to inspect and assess, the effectiveness of visible post -construction BMPs, not inspected during the prior two years. Consultant will record Post -Construction BMP inspection, and tracking data, as identified in the MS4 Permit, and provide the City with GIS shape and data files with collected observations. 9. Regional BMP Development Opportunities: The LARWQCB approved ULAR EWMP Plan reported that City of Rosemead's pollution source control needs were equivalent to 106 acre-feet of runoff capture. Consultant will overlay the City of Rosemead's sub -watersheds identified in the ULAR EWMP Plan Table 7A-33 onto a suitable aerial map provided by the City. Private and public parcels, potentially suitable for retrofitting with BMPs as pollution source controls, will then be identified based on criteria identified in the MS4 Permit. These parcels will be identified for the City's Project Manager to be used by the City of Rosemead's Planning Division, along with Permit recommended retrofitting concept identified in the MS4 Permit. O E Page 4 of 9 City of Rosemead — Public Works RFP No. 2022-18 These recommendations ("smaller retrofit projects") could then be included during Conditional Use Permit (CUP) developer negotiations and as part of the background information provided at the City's Planning Commission Hearings. The Consultant shall evaluate/validate the results and recommendations of the ULAR's Pre -SIP analysis and provide guidance on the implementation of Pre -SIP recommendations. The City has performed a preliminary evaluation of regional BMP projects and has identified multiple projects for strategic and cost-effective analysis. The Consultant shall continue this evaluation, propose at least one retrofit opportunity suitable for implementation as a regional BMP, complimentary in volume to the 80 to 106 acre- feet of captured volume identified in the ULAR EWMP Plan for the City of Rosemead. The proposed regional BMP should be the most cost-effective, practical, sensible, and politically sensitive; and must include an implementation schedule as well as financial strategies (e.g. grants, private -public partnership, bonds, etc.), strive to comply with the on-going regulatory compliance requirements. Consultant will undertake a concept analysis of the regional BMP, as well as smaller retrofit projects (particularly those requiring private/public partnership), and identify a short list of competitive projects for the purpose of grant application, for review by the City's Project Manager. Based on City's input, Consultant shall prepare a feasibility study (for the suite of project[s]) suitable for submission of future potential grant opportunities. The feasibility study should also include project phasing (e.g. Phase 1 -- smaller projects, Phase 2 — Regional BMP, etc.) for use in multiple grant application submittals, if deemed necessary and advantageous, depending on various projects' readiness. For potential grant opportunities, the Consultant should provide an estimate for preparing and supporting such a grant application as an additional service task. 10. Trash TMDL Compliance: Prepare trash TMDL annual compliance report based on existing LACRQB spreadsheets. 11.IDDE Illicit Discharge Detection Elimination: Consultant shall provide a time and materials rate sheet, with point of contact, to be utilized if 24-hour, 365 day a year environmental engineering triage and assessment services, are needed. Whenever possible, routine IC/ID investigation and elimination services shall be undertaken within 20 hours of Consultant notification, or 72 hours of the City having become aware of the discharge. Actions and measures undertaken in conformance with this paragraph will conform, as closely as possible, to the requirements of the MS4 Permit and it's objectives, including post -event documentation and enforcement assistance. The Consultant cost estimate shall include the first 16 person hours of routine investigation and elimination services. 12.Annual Reporting: Following each July to June service period, the Consultant will assist City staff in preparing draft and final Individual MS4 Permit Annul Report submittals to the ULAR EWMP Group Lead Agency. Consultant will follow submission directions to assure that a complete and acceptable annual report is O E A Page 5 of 9 City of Rosemead — Public Works RFP No. 2022-18 submitted in a timely fashion. WMP progress report: June 151h & December 15th Annual Report December 151h WRAMPS reporting: Utilizing WRAMPS D. PROPOSAL SUBMITTAL FORMAT Proposal shall be submitted in the format specified below: Cover Letter: Provide an executive summary of your proposal. Table of Contents: Provide contents of proposal with page number references for each proposal section listed below. Section 1. Approach, and Scope of Work: Provide your understanding of the project, scope of work, schedule, and describe your approach in providing services. Section 2. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants. Provide resumes of all key personnel identified in the organization chart. Section 3. Company Qualifications: Provide qualifications of your, emphasize similar services provided, and local experience. Section 4. References: Provide three (3) Public Agency references for similar projects. Section 5. Standard City Contract and Insurance Requirements: Proposers shall review the attached Standard City Contract and Insurance Requirements and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they shall be acknowledged in this section. Section 7. Cost Proposal: Consultant shall submit a not to exceed cost proposal listing a detailed cost for each task and sub -task; including work classification, rate, and estimated hours for each subtask of work. The general Scope of Services outlined herein is only provided as a guide in this Request for Proposals. Consultants shall provide a detailed Scope of Services in their submitted Technical Proposal as necessary to reflect the method and procedure in which they intend to provide the required professional services, consistent with the general Scope of Services. Provide your firm's current Hourly Fee Rates for staff classifications who may provide the services. Iia, OSE S Page 6 of 9 City of Rosemead — Public Works RFP No. 2022-18 E. CONSULTANT SELECTION SCHEDULE 1. Release of Requests for Proposals 2. Submittal of Questions 3. Response to Questions 4. Proposal Due Date 5. Proposal Evaluation 6. Optional Interview (if required) 7. Tentative City Council award 8. Tentative Start date F. SELECTION CRITERIA August 18, 2022 August 25, 2022 by 5:00 pm August 30, 2022 by 5:00 pm September 6, 2022 by 10:00 am September 2022 September 2022 September 27, 2022 October 2022 The City will evaluate the Proposals submitted, and select the most qualified consultant. In evaluating the Proposals, the City may consider the following factors: • Completeness of the RFP and compliance with the required format. • Project understanding and approach to provide the requested services efficiently. • Experience and qualifications of the project team members. • Experience and qualifications of the firm. • Experience in local area and project requirements and process. • Experience in working as an extension of City staff and providing services in similar capacities with minimal direction from City staff. During the evaluation process, the City may also contact listed references (or request additional references), and include the feedback received in the evaluation factors listed above as applicable. G. PROPOSAL SUBMITTAL Electronic or Hardcopy proposals will be accepted as follows: Hardcopy Proposal Submittals: Three (3) bound copies and one (1) electronic PDF file on flash drive or CD of the ROSEF&AD Page 7 of 9 City of Rosemead — Public Works RFP No. 2022-18 proposal in sealed envelope(s) Hardcopy proposals shall be addressed to: City of Rosemead -City Hall City Clerk's Office 8838 E. Valley Blvd. Rosemead, CA 91770 Attn : Ericka Hernandez, City Clerk Electronic Proposal Submittals: Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids at: https:Hpbsystem.planetbids.com/portal/54150/portal-home Proposal submittal due date is: September 6, 2022, at 10:00 a.m. Late proposals will not be accepted. H. CONTRACT PERIOD The Contract period shall be from the date of execution through December 31st of the following year for a three-year term and an option to extend for two, one-year terms. The contract has the possibility of annual extensions based on performance and pending City Council approval. I. DISCRETION AND LIABILITY WAIVER The City reserves the right to reject all proposals or to request and obtain, from one or more of the environmental consultants submitting proposals, supplementary information that may be necessary for City staff to analyze the environmental consultants' proposals, pursuant to the selection criteria contained herein. The City is not liable for the costs incurred by the environmental consultants for the preparation of this proposal. The City may require environmental consultants to participate in additional rounds of more refined submittal before the ultimate selection of an environmental consultants made. These rounds could encompass revision of the submittal criteria in response to the nature and scope in the initial proposals. The Consultant, by submitting a response to this RFP, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. All proposals shall be binding for a period of sixty (60) days after the delivery date and may be retained by the City for examination and comparison. Page 8 of 9 City of Rosemead — Public Works RFP No. 2022-18 STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS City's Standard Professional Services Agreement is provided in Attachment A. Please review and provide any comments you have. City does not guarantee that any revisions to contract will be accepted. K. PUBLIC RECORDS ACT Proposals may be subject to public disclosure under the California Public Records Act and other public records laws, and by submitting a proposal, the proposer waives all rights to confidentiality of any information submitted in the proposal and agrees to any and all such disclosures required or permitted by law. Proposals become the property of the City when submitted and by submitting a proposal, the proposer agrees that the City may use any information, documentation or writing contained in the proposal for any the City purpose. L. QUESTIONS REGRADING THE RFP Please direct any questions or concerns regarding this RFP to Michael Chung, Director of Public Works via email: MChung@cityofrosemead.org by August 25, 2022 by 5:00 pm. Answers to submitted questions will be posted on the Cities' website and Planetbids. M. ATTACHMENTS Attachment A — City Agreement and Insurance Requirements O E RD Page 9 of 9 ATTACHMENT A - CITY AGREEMENT AND INSURANCE REQUIREMENTS PROFESSIONAL SERVICES AGREEMENT [INSERT TYPE OF PROFESSIONAL SERVICE] [INSERT COMPANY NAME] 1. PARTIES AND DATE. This Agreement is made and entered into this this Day of _, 20 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and [INSERT COMPANY] a [INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY] with its principal place of business at [INSERT ADDRESS] ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing [INSERT TYPE OF SERVICE] consulting services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such ongoing professional [INSERT NAME OF PROJECT] ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. [INSERT COMPANY NAME] Page 2 of 19 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [INSERT TYPE OF SERVICES] services necessary for the Project, herein referred to a "Services". The Services are more particularly described in Exhibit [INSERT EXHIBIT LETTER] attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a [INSERT WRITTEN YEARS] [(INSERT YEAR IN NUMBER)] year period from the Effective Date shown above, with [INSERT WRITTEN YEARS] [(INSERT YEARS)] extension at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. [INSERT COMPANY NAME] Page 3 of 19 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant hereby designates [INSERT NAME], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business License, and [INSERT COMPANY NAME] Page 4 of 19 that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable local state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed [INSERT WRITTEN AMOUNT] Dollars [(INSERT NUMERIC AMOUNT)] and in accordance with consultant's proposal dated [INSERT DATE]. Consultant's proposal is hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as [INSERT COMPANY NAME] Page 5 of 19 described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make [INSERT COMPANY NAME] Page 6 of 19 transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices: All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: [K.]►f..jnMravr5 CITY: [INSERT COMPANY NAME] [INSERT ADDRESS] Attn: [INSERT PRIMARY CONTACT] Tel: [INSERT PHONE NUMBER] City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: [INSERT CITY CONTACT] [INSERT COMPANY NAME) Page 7 of 19 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. [INSERT COMPANY NAME] Page 8 of 19 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnity and Defense. a. Indemnity and Defense To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not extend to the Agency's sole or active negligence. b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency's defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. [INSERT COMPANY NAME] Page 9 of 19 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [INSERT COMPANY NAME] Page 10 of 19 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. [INSERT COMPANY NAME] Page 11 of 19 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next Page] CITY OF ROSEMEAD Gloria Molleda, City Manager Date Attest: Ericka Hernandez, City Clerk Date Approved as to Form: [INSERT COMPANY NAME] M Name: Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Name: Rachel Richman Date City Attorney Title: [INSERT COMPANY NAME] Page 12 of 19 [INSERT COMPANY NAME] Page 13 of 19 EXHIBIT A SCOPE OF SERVICES/ RATE SCHEDULE [INSERT COMPANY NAME] Page 14 of 19 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 [INSERT COMPANY NAME] Page 15 of 19 determined, not requiring actual payment by the insured first. There shall be no cross - liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend the Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: Consultant agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 (or otherwise consistent with the insurer's endorsement). Consultant also agrees to require all contractors, and subcontractors to do likewise. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. [INSERT COMPANY NAME] Page 16 of 19 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. [INSERT COMPANY NAME] Page 17 of 19 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this [INSERT COMPANY NAME] Page 18 of 19 obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. [INSERT COMPANY NAME] Page 19 of 19 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Attachment B CWE Proposal Dated 9/21/2022 September 6, 2022 Michael Chung, Director of Public Works City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 CM 1561 E. ORANGEfHORPE AVENUE SUITE 240 FULLERTON, CA 92831-5202 (714) 526-7500 PHONE (714) 526-7004 FAX www.cwecorpxom Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Dear Michael Chung, For many firms, stormwater management is a sideline niche; however, CWE was founded specifically to provide specialized National Pollutant Discharge Elimination System (NPDES) services to public agencies, and our clients trust us to initiate and complete complex stormwater planning assessments, even when no precedent exists. We have developed and implemented comprehensive stormwater management programs for over 50 Southern California municipalities, many of whom are within Los Angeles County limits that require extensive coordination with the Los Angeles Regional Water Quality Control Board (RWQCB). Our extensive expertise in stormwater management and Municipal Separate Storm Sewer System (MS4) Permit compliance is the foundation upon which our civil, environmental, and water resource practices were built. CWE would be honored to continue serving the City of Rosemead (City) using our MS4 Permit compliance expertise, along with attending to and supporting the City's many industrial and commercial business owners and operators in complying with complex and confusing MS4 Permit regulatory and reporting requirements. CWE submits this proposal as our continued commitment to providing the leadership and resources necessary to promote timely and responsive services that benefit your City and community — so that we are Creating A Better Tomorrow, Today" together. We look forward to maintaining our strong relationship with the City and welcome the opportunity to further discuss our qualifications. If you have questions or require additional information, please contact me at (714) 526-7500 Ext. 211 or jpereira@cwecorp.com. Respectfully submitted, CWE Jason Pereira, E, CPSWQ, QSD/P, QISP Principal "Creating a Better Tomorrow, Today?M" A ' City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Table of Contents TABLEOF CONTENTS................................................................................................................. ii 1. APPROACH, AND SCOPE OF WORK..................................................................................... 1 2. PROJECT TEAM, KEY PERSONNEL, AND RESUMES............................................................. 6 3. COMPANY QUALIFICATIONS.............................................................................................. 9 4. REFERENCES.....................................................................................................................11 S. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS ..................................... 11 6. ADDENDA ACKNOWLEDGEMENT......................................................................................11 7. COST PROPOSAL.................................................................ERROR! BOOKMARK NOT DEFINED. Appendix A — Resumes Or City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) 1. Approach, and Scope of Work Since 1990, the State of California Regional Water Quality Control Board, Los Angeles Region (LARWQCB) has issued progressively more challenging MS4 NPDES Permits to Los Angeles and Ventura County municipal Permittees, including the City of Rosemead (City). On July 23, 2021, the LARWQCB adopted its fifth term permit as Order R4-2021--0105, which became effective on September 11, 2021. The 2012 MS4 NPDES Permit encouraged Permittees to form Watershed Management Program (WMP), or Enhanced WMP (EWMP), groups and develop implementation plans to achieve regional Water Quality Objectives (WQOs). The City of Rosemead, along with fifteen other cities, the Los Angeles County Department of Public Works (LACDPW), and Los Angeles County Flood Control District (LACFCD), formed the Upper Los Angeles River (ULAR) EWMP Group, led by the City of Los Angeles. The ULAR EWMP Plan, approved by the LARWQCB Executive Officer on April 20, 2016, identified potential twenty-year City project implementation costs at $110M, while the June 30, 2021, Draft revised ULAR EWMP Plan, identified the need for approximately 48.5 acre-feet of runoff capture volume, at a cost of at least $70M. In comparison, the Los Angeles County Safe Clean Water Program (SCWP) Municipal Program Transfer Agreement (MPTA), annually only retums approximately $580,000 to the City of Rosemead. Over the last several years, CWE has increasingly assisted the City of Rosemead with MS4 Permit Compliance and related Support Services, including the recovery of nearly a quarter million dollars, in prior City General Fund expenditures, through the SCWP MPTA. On August 29, 2018, June 30, 2019, June 23, 2020, and September 7, 2021, the Rosemead City Council authorized City Management to proceed with the issuance of MS4 NPDES Permit Professional Services Agreements (PSA) with CWE. Stormwater management and MS4 NPDES Permit compliance requires agencies and their consultants to be flexible and pragmatic to continually changing regulatory requirements and conditions. CWE assists baseline, small, medium, and large Watershed Management Program (WMP) Permittees, including the City of Rosemead, by furthering agency program objectives using cost-effective implementation strategies. Last year, CWE performed twice the proposed number of Low Impact Development (LID) plan checks, developed the Sally Tanner Park Trash Minimum Frequency of Assessment and Collection (MFAC) Program for City Staff implementation, submitted the first SCWP MPTA cost recovery Plan, and prepared an inventory of six Regional Best Management Practice (BMP) water quality capture facility locations to achieve the LARWQCB required Reasonable Assurance Analysis (RAA) model goal of 50 acre- feet of runoff capture by the City; in contrast with the twenty-eight facilities and 350 acre-feet of capacity determined in the ULAR WMP Pre-Stormwater Investment Program (Pre -SIP) draft Plan. Following receipt of the City Notice to Proceed (NTP), CWE will promptly meet with City Project Manager to identify upcoming priorities and develop a strategy to implement the following MS4 NPDES Permit services. Task 1 - Meetings CWE has been and will continue to attend monthly ULAR WMP Group, pre -SIP, and Load Reduction Strategy Alternative (LRS -Alt), bimonthly Los Angeles Permit Group (LAPG), and up to four (4) City Council, City Staff, SCWP, or LARWQCB MS4 Permit meetings annually. Participation allows CWE to identify cost-effective ULAR WMP and MS4 Permit implementation strategies for Staff adoption. We have budgeted forty-eight (48) hours for remote meetings and follow up activities annually. CWE7 City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Task 2 - Safe Clean Water Program Assistance CWE has assisted the City in securing $1.7M in support by drafting the City FY 2020-21, 2021-22, and 2022-23 SCWP MPTA Plans, due on the April la prior each fiscal year. CWE also prepared the FY 2020- 21 SCWP MPTA Report, which, like future reports, is due on December 15' following the fiscal year. Based primarily on City directions, CWE will continue in annually preparing these plans and reports. Since funds not expended within three (3) years must be returned to the SCWP, one of our objectives for this year is to assist City Staff in better planning, budgeting, documenting, and accounting for the use of the support. Task 3 - City Staff and Contractor Training Part VIII.A.3. of the 2021 LARWQCB MS4 NPDES Permit requires that City Staff and contractors be trained in: Pesticide/Fertilizer Source Controls; Illicit Discharge Detection and Elimination (IDDE); Construction and Erosion Source Controls; and Industrial/Commercial (I/C) Facilities Programs. Following Field Supervisorial personnel scheduling, either at the beginning or end of a shift for staffing efficiency, CWE made these two-hour presentations, before being suspended due to the pandemic and extensive City Staff changes. These presentations are made by QSD/P or QISP-certified Senior CWE Management, experienced with both private and public agency examples, using an engaging, locally relevant, Microsoft PowerPoint° presentation for between five and twenty City Staff either remotely or at a City facility with adequate equipment. The presentation begins with regulatory rationale and requirements, before moving on to illustrative case studies. Six slide per page handouts are distributed for those wishing to take notes or write questions, along with a participation sign -in sheet to include with the annual report. City staff and contractors are encouraged to ask questions, resulting in an informative training session that maintains staff attention. Task 4 - Public Information and Participation Program (PIPP) Part WILD of the tentative fifth term MS4 NPDES Permit identifies the need for "culturally effective", such as various Asian and Hispanic languages , outreach efforts and materials to control specific exemplary and locally relevant categories of stormwater pollutants; including documentation and informative tracking of those cumulative activities. CWE will meet with City Staff to review the previously prepared outreach materials and determine how they might be revised to better convey City goals and objectives, then revise and distribute those materials during I/C, construction site, post -construction BMP, and IDDE inspections. Task 5 - Industrial/Commercial (I/C) Facilities Program CWE recently completed more than two hundred (200) I/C Facility Program inspections, expanding the City GIS -based Tracking Database to over eight hundred (800) inspection records of the approximately three hundred (300) commercial and fifteen (15) Industrial General Permit (IGP) facilities in the City. If selected, we will continue implementing the I/C Facilities Program and Progressive Enforcement requirements, found in Part VIII.E. and Part VIII.B. respectively, of the 2021 LARWQCB MS4 NPDES Permit. This includes reviewing the City Business License database for new or replacement I/C facilities, inclusion of City identified SB -205 and SB -891 IGP scofflaws, and the State Stormwater Multiple GE City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Application and Reporting Tracking System (SMARTS), excluding IGP Permittees jurisdictional within adjacent communities, but claiming City or Rosemead residency. Based on enhanced biannual (alternating year) requirements, CWE would annually notify approximately one hundred sixty (160) I/C Facilities, using City approved verbiage and letterhead sent by United States Postal Service (USPS) first class mail of planned visits; then conduct up to two hundred (200) initial and progressive enforcement inspections. Scanned inspection forms, images, and enforcement notifications, would then be digitally provided to the City, along the updated GIS -based inventory on, at minimum, an annual basis. New inspections of compliant facilities, or those inspected by the Water Board and reported in SMARTS, will not be reinspected for at least six (6) months from the time the prior inspection(s) were completed. Task 6 - Redevelopment Planning CWE would provide up to eight (8) timely, less than five (5) acre, Priority Redevelopment, Low Impact Development (LID), or General Construction Permit (GCP) Storm Water Pollution Prevention Plan (SWPPP) plan checks under the direction of a state certified Qualified SWPPP Developer or Practitioner (QSD/P). Written comments are normally returned within two (2) weeks of receipt by CWE, although extension may be required when preparing compliance submittals. Review time would be reported to the City Project Manager, upon request, to allow recharging to the project proponents. Available required data would be inserted into the Watershed Reporting Adaptive Management & Planning System (WRAMPS) or other Permit -compliant GIS -based tracking database and annually provided to the City for WMP progress and compliance reporting or regulatory audits. Task 7 - Redevelopment Construction Inspections CWE will annually provide up to four (4) MS4 Permit Priority Project LID, Erosion and Sediment Control Plan (ESCP), Construction General Permit (CGP), or City Project BMP Inspections, under the direction of a CWE QSD/P. Correction or violation notices with images, that result from these inspections, will be forwarded to the City for signature and delivery. Inspection data will be provided to the City Project Manager within one week of inspection. Task 8 - Post- Construction BMP Inspections Over three (3) days, CWE will perform on-site reviews of City assembled, SUSMP, SWPPP, BMP design, and maintenance covenants for CGP and Priority Projects within the City, then use Best Professional Judgment (BPI) to assess post -construction BMP implementation, maintenance, and effectiveness. CWE will record our Post -Construction BMP inspection observations, and tracking data, as identified in the MS4 Permit, and provide the City with GIS shape and database files. Finally, CWE will provide the City with digital records of our observational photographs, completed inspection forms, and any corrective enforcement actions initiated. Task 9 - Regional BMP Development Opportunities The 2016 ULAR EWMP Plan, approved by the LARWQCB Executive Officer on April 20, 2016, committed the City to implement challenging water quality protection and pollution source control measures by 2028, due to the Los Angeles River (LAR) Watershed Metals TMDL and 2037, due the LAR Bacteria TMDL. GE. City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) The City summary', on Table 7A-33, identified the need for 106 acre-feet of runoff capture volume, spread among 31 "jurisheds", to attain storm event capture volume compliance criteria; alternatively, 79 acre-feet of appropriately distributed capture volume was projected to achieve Basin Plan identified, concentration based, Water Quality Objectives (WQOs). For both of these capture volumes, the goals were "front -loaded" with the majority of volume being required by 2028, while the last 14 acre-feet, were required by 2037 to comply with the Bacteria TMDL. In contrast, Figure 7-24 from the revised June 2021 ULAR WMP Plan, which is expected to soon be conditionally approved by the LARWQCB Executive Officer, identified less than 50 acre-feet of required capture volume within the City and less than half of that by 2028. To implement this revised ULAR WMP Plan, the draft ULAR pre -SIP identified 28 potential and unprioritized projects for the City of Rosemead, that would manage up to 350 acre-feet of runoff; values far greater than identified in the soon to be approved revised WMP Plan and likely to overwhelm the attention of City and consultant staff. CWE prepared, for City Staff review and comment, a concept or preliminary evaluation of five potential Regional BMP Projects with recommended implementation priorities. CWE also expanded the City Priority Project Planning Review process to include Permit required stormwater management measures in Condition Use Permits (CUPS) for Planning Commission consideration. Finally, we summarized the 28 potential projects, in the draft ULAR pre -SIP study, in a way that prioritizes them for staff evaluation. Based on City Staff input and the upcoming 2028 Metals TMDL compliance deadline, that will likely be reiterated in the LARWQCB Executive Officer 2021 rWMP Conditional Approval letter, CWE will prepare one Project Feasibility Study, including project phasing, to support the preparation of grant and SCWP regional BMP design and construction applications during the next submittal date in July of 2023. Task 10 - Los Angeles River Trash TMDL Compliance In 2021, CWE drafted, submitted for LARWQCB review, and provided City Staff implementation and reporting guidance regarding the Sally Tanner Park Minimum Frequency of Assessment and Collection (MFAC) procedures. We provided another City Consultant with Bid Package information that was anticipated would lead to issuance of a County Construction Permit in early 2022. CWE will provide up to twenty (20) hours of Trash TMDL compliance services that may include: 1) revision of LARWQCB Trash TMDL Annual Compliance Reporting; 2) the identification and verification of undocumented catch basins; 3) assessment of catch basin trash levels; 4) identification of locations suitable for Daily Generation Rate (DGR) studies; and 5) collecting of physical data from structural deficient catch to support reconstruction design and bid documents. Task 11 - Illicit Discharge Detection Elimination (IDDE) Investigations CWE will provide up to sixteen (16) hours of timely, remote, or onsite IDDE support services on a 24 hour per day/365 day per year basis; emphasizing public outreach, BMP recommendation, and permit reporting. Enforcement would remain the responsibility of City Code Enforcement. Additional services would be provided on a time and materials basis, using the provided multi-year rate sheet. ' httos://www.waterboards.ca.gov/losanaeles/water issues/programs/stormwater/municipal/watershed management/los anaeles/upper losanaeles/20160127/UDDerLARiver revEWMP Appendix? Jan2016.Ddf GE. City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Task 12 - WMP and Annual Reporting For each July first to June thirtieth service period, CWE will assist City Staff in preparing the two required WMP Progress Report submittals, due to the Board on June and December fifteenth and the Annual MS4 Permit Compliance Report due on December fifteenth. As a member of the ULAR WMP Group, City draft submissions are typically due several months before these Board dates and only limited revisions are typically allowed during the final month. CWE will transcribe the raw City data using the, then current, Los Angeles County Watershed Reporting Adaptive Management & Planning System (WRAMPS) application and forms, resorting to Microsoft Word®, Excel@, and Portable Document formats, as may be necessary for assisting City Staff in making timely progress. Access to the electronic version of the final, submitted, reports will be provided to City Staff. Limitations and Assumptions CWE recommends following an eighteen -month overlapping Professional Services Agreement (PSA) term, to coincide with the MS4 Permit July lst to June 30th implementation period, followed by reporting through approximately December 31st of the trailing year. We propose that first period begin on approximtely October 1, 2022, and end on December 31, 2023. Potentially, the final period could end on December 31, 2027. CWE has utilized the following proposal assumptions to reduce our risks and your budget commitments during this fluid period between various draft Permit and EWMP Plan versions: 1. This proposal does not address separate agreements between the City and any WMP Group or the San Gabriel Valley Council of Governments (SGVCOG) on behalf of a WMP Group. 2. This proposal excludes regulatory and implementation priority changes initiated by the SWRCB, LARWQCB, ULAR or other WMP Group, legislature, or the City. Such actions may be addressed by agreed upon changes in budget or task work, or through a separate agreement with the City. 3. This proposal responds to City RFP identified tasks, rather than potential compliance priorities. 4. Confined space entry of MS4 facilities is unnecessary and outside of our Scope of Work. 5. Installation of Full Capture System (F -CS) Connector Pipe Screens are being addressed through the City Capital Improvement Program (CIP), using SCWP MPTA support. 6. Development of an alternative WMP implementation strategy is beyond this Scope of Work. 7. City Encroachment or Access Permits will be issued as no fee Permits. GE lj City of Rosemead r\ Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) 2. Project Team, Key Personnel, and Resumes CWE, a Small Business Enterprise (SBE), has provided trusted and distinguished civil infrastructure, water resources, and environmental engineering services and have enhanced the quality of life of our esteemed communities since 2006. We are privileged to have served over 150 public municipalities, utility companies, private businesses, and federal agencies who have benefitted from our promise of Creating a Better Tomorrow, Today'". Our award-winning industry leaders actively work to cultivate the engineering proteges and environmental stewards of tomorrow. We work tirelessly to bring the mastery, creativity, and commitment necessary to deliver forward -thinking results to enhance the communities we live, work, and play in, leaving them better for the next generation. This is the CWE standard. CWE has been recognized by the Zweig Group as a "Hot Firm" four times and a "Best Firm To Work For" five years in a row. "These honors not only highlight CWE's significant business growth, but also reflect our growing staff's sense of purpose and happiness at CWE. We are eager to demonstrate how engaged employees with the same goal of Creating a Better Tomorrow, Today'" prompt clients to return, and show the City what benefits our dedicated engineers and scientists can bring to your table and fulfill your NPDES compliance and implementation needs. You deserve nothing less than a trailblazing, solutions - oriented firm to help you navigate the complicated regulatory process. CWE is that firm! We know what you need! CWE has been providing Industrial/Commercial (I/C), redevelopment construction, and post -construction BMP inspections to the City of Rosemead for the last five years! Inspection tasks have included I/C inspections of approximately 200 food service, 100 automotive repair, 20 retail gasoline outlets, and six (6) nursery facilities; up to four (4) redevelopment construction inspections once per month; post - construction BMP inspections; and incorporating inspection data into an electronic database containing geographic references that allow information to be mapped and integrated into a Geographic Information System (GIS) tracking system. Additional tasks have included: staff training on construction/erosion plan review and permitting, erosion/sediment control plan inspections, and staff Illicit Connection/Illegal Discharge (IC/ID) response; developing activity -specific public education content regarding source control BMPs and use and disposal of pollutants relevant to Rio Hondo Reach 3 and downstream receiving water impairments; redevelopment planning; public facility inventory and inventory of regional BMP development opportunities; identifying regional BMP projects for strategic and cost- effective analyses; public activity management; installing full capture devices and conducting Daily Generation Rate (DGR) studies for trash Total Maximum Daily Load (TMDL) compliance; IC/ID investigation and elimination; and annual reports submitted to the Upper Los Angeles River EWMP Group Lead Agency. GE. II City of Rosemead ate_ Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) 2.1 Organization Chart Nan Jia, PE, QSD/P Alexa Reasoner, QSP, CESSWI Ryan Kearns, CPSWQ, QSD/P Allen )(ie, PE, QSD/P, QISP Tammy Takigawa, PE, ENV SP, QSD/P Chris Pendroy, ENV SP, CPSWQ, QSD/P 2.2 Meet Your Key Personnel Dr. Gerald "Gerry" Greene, DEnv, PE, QEP, QSD/P is your Project Manager. Gerry has over three decades of experience providing solutions to NPDES MS4 permitting and compliance, data review, water quality monitoring, and inspection challenges nearby clients such as the Cities of Azusa, Covina, Gardena, Glendora, Huntington Beach, Huntington Park, and San Gabriel, not to mention the City of Rosemead, have faced. Such tasks have involved extensive coordination with watershed groups such as the Rio Hondo/San Gabriel River Water Quality Group (RH/SGRWQG) and Los Angeles River Upper Reach 2 Watershed Management Group (LARUR2 WMG), the Los Angeles RWQCB and the California State Water Resources Control Board (SWRCB). Gerry's most high-profile contracts as CWE's Director of Stormwater included developing WMPs and EWMPs within Los Angeles County limits and implementing the CIMP plans to assess the impacts of discharges from the MS4 on receiving waters. Additionally, he oversees inspection staff and reviews documentation for a wide variety of stormwater inspection types, including food service establishments. Prior to joining CWE, Gerry worked for 10 years as a Principal Civil Engineer and Stormwater Manager for the City of Downey, where he provided implementation and renewal, program education and outreach, and training assistance as they all related to the MS4 Permit. CWE7 City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional �r Compliance and Support Services (RFP No. 2022-18) Jason Pereira, PE, CPSWQ, QSD/P, QISP, IGP/CGP-ToR I Principal -In - Charge and QA/QC Manager Jason Pereira is a founding Principal of CWE with 27 years of experience in developing and implementing stormwater management programs for compliance with NPDES Permit requirements and has prepared numerous documents for the implementation of pollution prevention practices including WQMPs, SWPPPs, Erosion Control Plans, SPCC Plans, and TMDL Implementation Plans. He has worked extensively on projects to obtain tangible, cost-effective improvements in water systems and urban runoff water quality through proactive initiatives in regulatory compliance. As a technical expert, Jason has presented numerous workshops on critical water -related issues at CASQA Annual Conferences and other events. Nan Jia, PE, QSD/P I Inspector Nan has over five years of experience providinc implementation and monitoring services for clients such as the Rio Hondo/San Gabriel River Water Quality Monitoring Group, LAR UR2 Watershed Monitoring Group, Santa Ana Watershed Project Authority, and Cities of Gardena and La Habra Heights. Her additional duties include technical report writing, database management, water quality data analysis, assisting with SWPPP development, and conducting I/C facility inspections for compliance with MS4 regulations. Ryan Kearns, CPSWQ, QSD/P I Inspector Ryan has over six years of experience in watershed management, environmental compliance, and water quality sampling. Ryan currently assists lead scientists and engineers in environmental compliance permitting, water quality sampling, and preparing water quality monitoring plans and reports. He has completed over 450 I/C and FOG inspections for the City of Huntington Beach, and more than 850 I/C and FOG inspections for the Cities of Gardena, Azusa, and Glendora in the past eight months. Prior to joining CWE, Ryan worked as the Project Coordinator for Inland Empire Waterkeeper, where he conducted surface water quality monitoring, stormwater litigation monitoring and public outreach within the middle to upper Santa Ana Watershed. Alexa Reasoner, QSP, CESSWI I Inspector Alexa is an environmental scientist with broad experience conducting research for environmental, aerial, and topographic reports; assisting on environmental planning projects; fire insurance map development; SWPPP development and reporting; inputting data entry into clients' desired databases; conducting field sampling; and completing chain -of - custody paperwork for sampling events. She has received a GIS accreditation from the University of California, Los Angeles Extension Program, making her well- equipped to handle data set collection and mapping responsibilities using existing software and applications. 2.3 Resumes Resumes for these key personnel and additional support staff are provided in Appendix A. GE A City of Rosemead +' Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional w, Compliance and Support Services (RFP No. 2022-18) 3. Company Qualifications To follow please find representative project descriptions and client references for sample relevant work within the last five years. City of Gardena MS4 NPDES Permit I/C Inspection Services CWT has been providing the City of Gardena with increasing levels of Los Angeles RWQCB Coastal Los Angeles County Phase I MS4 NPDES Permit services. After being confronted by the Los Angeles RWQCB, regarding irregular and incomplete consultant provided monitoring data, the city approached CWE to review their monitoring and MS4 Permit I/C Facility Inspection Programs. After conferring with Board staff to preclude conflicts for our ongoing clients, CWE prepared an initial compliance assessment of these programs, updated City Management on our findings, and, on short notice, assumed responsibility for their implementation. After again conferring with Board staff, CWE successfully completed water and suspended sediment quality monitoring at the three sites only to have the State and Regional Board issue a $714,985 Administrative Civil Liability (ACL) enforcement action for the prior reporting irregularities, while noting potential maximum statutory liabilities of over $12,000,000. Despite this, CWE continued to provide permitting, interagency negotiations, dry -weather monitoring, outfall inventory, non-stormwater discharge assessment, annual reporting, many hundreds of MS4 I/C inspections, scores of Industrial General Permit (IGP) non -filer referrals, and submission of a State Trash Policy Implementation Plan to the Los Angeles RWQCB. After which and despite apparently successful City initiated litigation against the state, the ACL was rescinded. Beginning in Fiscal Year 2020-21, and despite pandemic caused constraints on the City budget, CWE will begin providing the full gamut of 2012 MS4 Permit services and assist the City in planning for cost-effective implementation of the fifth term MS4 NPDES Permit this year. City of Glendora NPDES and Water Quality Administration CWE provided NPDES Permit and Water Quality Administration services to assist the City of Glendora with the Los Angeles County MS4 Permit, Construction General Permit (IGP), IGP, and General Permit for Drinking Water System Discharges. Overall services included providing support for the Planning and Land Development, Development Construction, I/C Facilities Control, Public Agency Activities, IC/ID Elimination, and Public Information and Participation Programs. Tasks included program management and regulatory support, Permittee - owned facility Stormwater Pollution Prevention Plan (SWPPP) preparation, SWPPP and Low Impact Development (LID) Plan review, Enforcement Response Plan development, training, construction and industrial/commercial facility stormwater inspections, representation at Permittee meetings, and TMDL implementation assistance. Inspection information was entered into a Microsoft Access database, and an ArcGIS layer was developed using an attribute table with each commercial/industrial facility's coordinates. GE. City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional �. Compliance and Support Services (RFP No. 2022-18) San Bernardino County NPDES Stormwater Program Regulatory Assistance CWE provided the San Bernardino County Flood Control District (SBCFCD) and its 17 Co -Permittees with on-call NPDES regulatory assistance to comply with the San Bernardino County MS4 Permit since 2007. Services included: preparing an annual report and coordinating with Co -Permittees and stakeholders; public education and outreach services; developing Local Implementation Plans (LIPS) to fulfill MS4 Permit requirements; preparing Stormwater Program documents and ordinances; conducting post -construction BMP inspections to verify compliance with Water Quality Management Plans (WQMPs) and grading plans and suggested California Stormwater Quality Association (CASQA) design provisions; technical support to execute stormwater permit requirements; qualified SWPPP Qualified SWPPP Developer/Practitioner (QSD/P) training; strategy planning and assistance with the preparation of the Report of Waste Discharge (ROWD) for the Fifth Term MS4 Permit; and regulatory support for a Santa Ana RWQCB audit of the New Development and Redevelopment Program. Los Angeles River Upper Reach 2 Coordinated Integrated Monitoring Program Implementation Through the Gateway Water Management Authority (GWMA), CWE is ^T• t-`' providing the Los Angeles River Upper Reach 2 Watershed Management Area (LAR UR2 WMA), with MS4 NPDES Permit Coordinated Integrated Monitoring Program (CIMP) implementation services. This group is comprised of the Cities of Bell, Bell Gardens, —Commerce, Cudahy, Huntington Park, Maywood, and Vernon, and the M qlw� LACFCD. Services provided have included project -specific Health and Safety Plan (HASP) preparation; Quality Assurance Project Plan (QAPP) preparation; USACE, LACFCD, and municipal Access and Encroachment Permit procurement; receiving and stormwater outfall water quality monitoring; GIS based outfall inventory preparation; and Non-Stormwater Discharge (NSWD) outfall screening. Ongoing services include project management, meeting coordination, weather tracking, monitoring event coordination, water quality sample collection from two fixed and six rotating stormwater outfall sites for two dry and three storm events per year, preparing field logs and site assessment photos, laboratory coordination and Quality Assurance/Quality Control (QA/QC), data management, semi-annual data reporting in CEDEN format, draft and final MS4 Permit consolidated annual report preparation. Los Angeles County Flood Control District Mass Emissions - and Tributary Station Water Quality Monitoring CWE assisted with Mass Emissions Station Monitoring Program implementation services for the 2020-2021 fiscal year, which includes sampling preparation, pre -storm season equipment blank sampling, storm tracking and sampling team coordination, wet- and dry -weather n - sampling, data analysis, and semi-annual data reporting. Sampling sites include the County Island Outfall Site and the Coyote Creek, Los Angeles River, Malibu Creek, San Gabriel River, and Santa Clara River Mass Emissions Station. CWE is utilizing ABC, Enthalpy, and Eurofins as analytical laboratories for collected samples. In accordance with NPDES MS4 Permit Order No. R4-2012-0175, the receiving water monitoring program determines whether RWLs are being achieved, assesses trends in pollutant GE City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional r, Compliance and Support Services (RFP No. 2022-18) concentrations over time or during specified conditions, and determines whether the designated beneficial uses are fully supposed as determined by water chemistry, aquatic toxicity, and bioassessment monitoring. CWE is currently performing the same work for the 2021-2022 and 2022-2023 fiscal years. Additionally, CWE has assisted with several special investigations and studies on short notice, including as the Friday, October 81^ 2021 Dominguez Channel odor investigation, when the County requested CWE to conduct a sampling event in Carson due to a reported foul odor in Dominguez Channel that locals claimed to be making them sick. In coordination with LACPW and LACFCD, CWE initiated sampling preparation, determined a monitoring analysis list, and collected and submitted samples from various monitoring locations on the same day. Following the initial sampling effort, two follow-up monitoring events were conducted to further assist with the source investigation effort. Analytical results were thoroughly analyzed and reported in California Environmental Data Exchange Network (CEDEN) format. 4. References CWE is proud of our outstanding reputation for providing quality service to our esteemed clients. We invite you to contact the following references to hear what our clients say about working with CWE! Contact Kevin Kwak Telephone (310) 217-9643 Email kkwak()citvofaardena.oro Contact Alison Sweet Telephone (626) 914-8246 Email asweetnocitvofolendnra.nm Contact Arlene Chun Telephone � (909) 387-8109 Email ddene.chun(aldDW.sbcountv.aov 5. Standard City Contract and Insurance Requirements CWE will comply with all aspects of the Standard City Contract and Insurance Requirements. 6. Addenda Acknowledgement No addenda were released by the City. GE a d C a E 0 U G O N d O a` Y_ E a M5 N �F N O A U V V s T N N .-I R O ryOry �Oy O N W u1 " N N m M h aC w V .Mi N Q W O INI IPV W m m �mO b bOy�O mPP P N b N C OI O. w W n` � w � w Y N " w w w`f •+ n Nw N M CC 6 spy Iryy 1pq� y pp�I (y ((�� o W �k a all 8 4 2 a 5'O_ yv C � E S LL �b C .,�� o Jo W O C a f lU_J i `e fmm6'.SzcS�g�3 0 5a V City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Appendix A Resumes GE City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Gerald "Gerry" Greene DEnv, PE, QEP, QSD/P Project Manager Dr. Gerald "Gerry" Greene has provided comprehensive water quality services to Southern California agencies that include development of monitoring plans, conducting water quality sampling, providing water quality monitoring plan review, performing feasibility studies, and assisting agencies with environmental compliance and permitting. Prior to joining CWE, he served as Principal Civil Engineer for the City of Downey for over a decade, and he is well -versed in Los Angeles County preferences, policies, and procedures. Gerry's expansive knowledge of local, societal, and physical conditions adds a valuable dimension to the assistance he provides to Los Angeles County clients. RELEVANT EXPERIENCE City of Rosemead MS4 NPDES Permit Inspection Services Project Manager for providing I/C, redevelopment construction, and post -construction BMP inspections. Inspection tasks included I/C inspections of approximately 200 food service, 100 automotive repair, 20 retail gasoline outlets, and 6 nursery facilities; up to 4 redevelopment construction inspections once per month; post - construction BMP inspections; and incorporating inspection data into an electronic database containing geographic references that allow information to be mapped and integrated into a GIS tracking system. Additional tasks performed included: staff training on construction/erosion plan review and permitting, erosion/sediment control plan inspections, and staff IC/ID response; developing activity -specific public education content regarding source control BMPs and use and disposal of pollutants relevant to Rio Hondo Reach 3 and downstream receiving water impairments; redevelopment planning; public facility inventory and inventory of regional BMP development opportunities; identifying regional BMP projects for strategic and cost-effective analyses; public activity management; installing full capture devices and conducting DGR studies for trash TMDL compliance; IC/ID investigation and elimination; and annual reports submitted to the Upper Los Angeles F Years of Experience 31 Education DEnv, Environmental Science and Engineering, University of California, Los Angeles MS, Biology, California State University, Long Beach BA, Biology and Economics, University of California, Los Angeles Registrations Civil Engineer, CA, 55597 Qualified Environmental Professional, 11960237 Qualified SWPPP Developer/ Practitioner, 00176 Awards and Recognition Storm Water Solutions magazine, "Industry Icon," 2015 iver EWMP Group Lead Agency Los Angeles River Upper Reach 2 Watershed Management Program and Coordinated Integrated Monitoring Program Project Manager for the development of a WMP, CIMP plan, and RAA for the LAR UR2 WMA. Tasks managed include developing a WMP that assesses water quality improvements to ensure compliance with the MS4 Permit and allows the LAR UR2 WMA Permittees to develop a plan that comprehensively evaluates opportunities to implement multi -benefit projects, CWE7 A ' City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) research and development of the CIMP and RAA, and preparing a CIMP detailing provisions to assess whether inflows are in compliance with M54 Permit WQBELs and demonstrating that, following the implementation of the WMP practices and projects, discharges originating from within the LAR UR2 WMA will be in compliance with the NPDES MS4 Permit WQBELs and RWLs. Managed the development an RAA that characterizes the water bodies to meet the RWL and WQBEL requirements. Los Angeles River Upper Reach 2 CIMP Implementation Project Manager providing the LAR UR2 WMA, through the Gateway Watershed Management Authority (GWMA), with CIMP implementation services. Services provided included preparing a project -specific Health and Safety Plan, QAPP preparation, recommending, specifying, and procuring/leasing monitoring equipment, obtaining permits from the LACFCD, installing receiving water, TMDL, and stormwater outfall sampling stations, GIS outfall inventory, and non-stormwater outfall screening and monitoring. Ongoing services include project management, coordination and meetings, pre -sampling event preparation, tracking inclement weather and activating sampling teams, collecting and analyzing dry- and wet -weather samples from one receiving water and TMDL site, and one fixed and six rotating stormwater outfall sites, preparing field logs and site assessment photos, coordination with multiple laboratories and Quality Assurance/Quality Control (QA/QC) of water quality results, data management and report preparation, semi-annual data reporting, water quality data submission in CEDEN format, draft and final annual report preparation, and CIMP evaluation and revision. City of Gardena MS4 Permit Monitoring Program Services Project Manager providing the City of Gardena with increasing levels of Los Angeles RWQCB Coastal Los Angeles County Phase I MS4 NPDES Permit services. After being confronted by the Los Angeles RWQCB, regarding irregular and incomplete consultant provided monitoring data, the City approached CWE to review their monitoring and MS4 Permit I/C Facility Inspection Programs. After conferring with Board staff to preclude conflicts for our ongoing clients, Gerry managed the prepared an initial compliance assessment of these programs, updated City Management on our findings, and, on short notice, assumed responsibility for their implementation. After again conferring with Board staff, Gerry managed the successfully completed water and suspended sediment quality monitoring at the three sites, only to have the State and Regional Board issue a $714,985 ACL enforcement action for the prior reporting irregularities, while noting potential maximum statutory liabilities of over $12,000,000. Despite this, permitting, interagency negotiations, dry -weather monitoring, outfall inventory, non-stormwater discharge assessment, annual reporting, many hundreds of MS4 I/C inspections, scores of IGP non -filer referrals, and submission of a State Trash Policy Implementation Plan to the Los Angeles RWQCB were continuously provided. City of Downey MS4 Permit Professional Services Represented municipal, watershed and regional interests in the interpretation and subsequent implementation of disputed permit terms with state and federal regulatory agencies. Reviewed stormwater SUSMPs for regulatory, design, and drainage compliance. Met with project proponents, outlined SUSMP requirements, and assisted in the identification of 303(d) list, TMDLs, and watershed specific and project specific pollutants of concern. Negotiated terms relating to BMP definitions, retention design volumes, annual reporting requirements, pollutant load reduction strategies, monitoring requirements, implementation schedules, catchment definition, interagency responsibility delegation, annual fees, water quality priorities, budget reporting, certification requirements, analytical chemistry QA/QC, and data interpretation. Successfully clarified permit, reporting, and enforcement related disputes, and indefinitely postponed proposed regulatory actions. GE. City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional K, Compliance and Support Services (RFP No. 2022-18) Jason Pereira, PE, CPSWQ, QSD/P, QISP, CGP/IGP-ToR Jason Pereira has 27 years of experience in developing and implementing stormwater management programs for compliance with NPDES Permit requirements. Before co-founding CWE, he was responsible for the development, coordination, implementation, and compliance of stormwater quality management programs for the LACPW. He developed and revised Model Stormwater Programs and other technical guidance documents to describe implementation measures, performed project planning and structural BMP design to enhance water quality and conducted program effectiveness evaluations to determine permit compliance, facilitated Watershed Management Committee and Executive Advisory Committee meetings and corresponded with Los Angeles RWQCB staff, prepared annual reports, performed water quality monitoring, conducted IC/ID investigations, provided SUSMP plan check reviews, and provided I/C facility, municipal yard, and construction site inspections. RELEVANT EXPERIENCE City of Los Angeles Upper Los Angeles River Enhanced Watershed Management Program Project Manager assisting in the development of an EWMP for the County of Los Angeles, Los Angeles County Flood Control District, and Cities of Alhambra, Burbank, Calabasas, Glendale, Hidden Hills, La Ca"nada Flintridge, Los Angeles, Montebello, Monterey Park, Pasadena, Rosemead, San Fernando, San Gabriel, San Marino, South Pasadena, and Temple City. Tasks managed included: enhancing water quality measures, assessing discharges from the MS4 on receiving waters, monitoring compliance with the Los Angeles County MS4 Permit, identifying existing control measures, summarizing BMP performance data, developing an effectiveness tracking template for new developments and redevelopments, and assessing RWL and WQBEL compliance. City of Glendora NPDES and Water Quality Years of Experience 27 Education BS, Civil Engineering, University of California, Los Angeles Registrations Civil Engineer, CA, 61509 Certified Professional in Storm Water Quality, 527 Qualified SWPPP Developer/ Practitioner, 21 Qualified Industrial Stormwater Practitioner, 090 Industrial General Permit Trainer of Record, 090 Construction General Permit Trainer of Record Awards and Recognition Storm Water Solutions magazine, "Industry Icon," 2015 Administration Project Manager for ongoing NPDES Permit and Water Quality Administration services to assist with the Los Angeles County MS4 Permit, IGP, and CGP compliance. Tasks include: providing support for the Development Planning and Construction, Industrial/Commercial Facilities Control, Public Agency Activities, IC/ID Elimination, and Public Education Programs; providing program management and regulatory support; conducting a portion of more than 500 FOG inspections and 350 industrial/commercial facility stormwater compliance inspections; corporate yard facility SWPPP preparation; SWPPP and LID plan check review; staff training; and TMDL implementation assistance. GWE- City of Rosemead +\ Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Performed a Program Effectiveness Assessment of the City's Stormwater Management Plan and assessed the FOG Control Program to determine compliance with SSO requirements. San Bernardino County Areawide Stormwater Program Implementation Assistance Project Manager for preparing an Annual Report and updating of the MSWMP for the County of San Bernardino Areawide Stormwater Program to meet the requirements for the NPDES MS4 Permit for urban stormwater discharges. Tasks managed include: coordination of meetings with Permittee staff to review the Scope of Work and proposed project schedule, confirm project milestone dates and deliverables, discuss available data sources and the reporting format, clarify MS4 Database use and data collection methods, and review comments received from the RWQCB; data collection in the form of MS4 data templates; review of collected data from the MS4 Database for discrepancies, completeness, and required reporting; analysis of the MS4 Program's effectiveness and compliance with key permit requirements; draft and final annual report preparation; and draft and final update of the MSWMP. City of Visalia Development of Citywide Stormwater Management Plan Project Manager for the preparation of a citywide Stormwater Management Plan as outlined by the SWRCB Phase II Small MS4 General Permit for stormwater discharges. The 2013 Phase II Small MS4 General Permit identifies permit requirements, including program management, public education and outreach, public involvement and participation, illicit discharge detection and elimination, construction site stormwater runoff control, pollution prevention/good housekeeping for the Permittee Operations Program, post -construction stormwater management, water quality monitoring, program effectiveness assessment and improvement, TMDL compliance, and an annual reporting program. Tasks include: preparing a Stormwater Management Plan and documenting implementation progress and program effectiveness, facilitating public participation during plan development, and preparing a five-year estimate of financial and staffing needs for plan implementation. City of Carson Stormwater Management and Civil Engineering Services Project Manager for stormwater management and engineering services to comply with the Los Angeles County MS4 Permit, CGP, and Los Angeles River and Dominguez Channel TMDLs. Responsibilities included: program management, representation at the Los Angeles River Watershed Management Committee and Los Angeles River Jurisdictional Group 1 Metals TMDL meetings, Development Planning and Construction Program implementation, SWPPP and SUSMP plan check reviews, City Yard post -construction BMP retrofit investigation, technical review of the Machado Lake Toxics TMDL, development of a City specific Metals TMDL Implementation Plan, a watershed boundary analysis to determine the City's funding and preparation obligations for the Los Angeles River Metals TMDL Implementation Plan, and assistance in procuring a $2.5 -million Greater Los Angeles County Region Integrated Regional Water Management (GLACR IRWM) grant for the installation of 1,800 Automatic Retractable Screen (ARS) catch basins. City of Santa Clarita NPDES Permit Compliance Services Project Manager for the implementation of stormwater management programs to comply with the Los Angeles County MS4 Permit and CGP. Tasks managed included: reviewing more than 100 SWPPPs and SUSMPs for construction and new development and redevelopment projects; meeting with developers, architects, and engineers to assist with the identification of opportunities to integrate stormwater BMPs and LID strategies into project plans; stormwater compliance training; regulatory support; and assistance with audits conducted by the Los Angeles RWQCB and USEPA. GWE7 City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) per. Nan Jia, PE, QSD/P Nan Jia has five years of experience in technical report writing, database management, water quality monitoring, and water quality data analysis. Her duties have included preparing compliance documents, including: SWPPPs, Exceedance Response Action Plans, and MS4 Program Effectiveness Assessment Annual Reports; assisting municipalities to develop inspection programs and conducting over 600 I/C inspections; conducting CGP inspections for linear projects under the supervision of a QSP; performing water sampling for various watershed groups and construction projects; compiling and reviewing data on Stormwater Multiple Application and Report Tracking System (SMARTS), preparing water quality monitoring data into CEDEN format, and using Excel to conduct statistical data analysis; and leading water quality studies, such as pollutant load analysis for runoff diversion project and BMP effectiveness studies for green street projects. RELEVANT EXPERIENCE Rio Hondo San Gabriel River Water Quality Group CIMP Implementation Monitoring Lead for RH/SGRWQG CIMP implementation services. This group is comprised of the cities of Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre; County of Los Angeles; and LACFCD. Services included preparing a project -specific Health and Safety Plan (HASP), obtaining access permits from the LACFCD, conducting Rio Hondo Pre -Load Reduction Strategy (LRS) monitoring, GIS outfall inventory, and Years of Experience Education MS, Civil and Environmental Engineering, University of California, Irvine BS, Environmental Sciences, University of Minnesota, Twin Cities Registrations Civil Engineer, CA, 92333 Qualified SWPPP Developer/ Practitioner, 27876 non-stormwater outfall screening and monitoring. Ongoing services include: meeting coordination; weather tracking; dry- and wet -weather water quality monitoring at five receiving water sites, including Peck Road Park Lake and five stormwater outfall sites; preparing field logs and site assessment photos; laboratory coordination; QA/QC of results; data management and report preparation; semi-annual data submission in CEDEN format; and draft and final consolidated annual report preparation. Los Angeles County Flood Control District Mass Emissions Water Quality Monitoring Project Manager for mass emissions monitoring, along with preparing the draft Annual Monitoring Report for the LACFCD. Storm event water quality samples were collected from improved and natural conveyances, using both grab and autosampler methods for over 1,140 square miles of tributary watershed area. Specific tasks managed included: Standard Operating Procedures (SOP) development, Operations and Maintenance (O&M) of water quality sampling equipment; inclement weather forecasting and tracking; client, consultant, shift change, and laboratory coordination; preparing and mobilizing two - person sampling crews; collecting grab and composite water quality samples under inclement conditions; conducting field analytical analyses; delivering samples under Chain -of -Custody (CoC) to designated laboratories; and preparing stormwater event field logs and monitoring reports. GWE City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) San Bernardino County Areawide Stormwater Program Implementation Assistance Environmental Scientist for preparing an Annual Report and updating of the Municipal Stormwater Management Plan (MSWMP) for the County of San Bernardino Areawide Stormwater Program to meet the requirements for the NPDES MS4 Permit for urban stormwater discharges. Tasks include: coordination of meetings with Permittee staff to review the Scope of Work and proposed project schedule, confirm project milestone dates and deliverables, discuss available data sources and the reporting format, clarify MS4 Database use and data collection methods, and review comments received from the RWQCB; data collection in the form of MS4 data templates; review of collected data from the MS4 Database for discrepancies, completeness, and required reporting; analysis of the MS4 Program's effectiveness and compliance with key permit requirements; draft and final annual report preparation; and draft and final update of the MSWMP. City of Huntington Park MS4 NPDES Permit Inspection Services Inspector providing 20 to 30 MS4 Permit maintenance inspections for I/C facilities and a variety of other inspection services per year to the City of Huntington Park. To alleviate an inspection backlog using funds that would otherwise be lost, CWE developed a business outreach program and then utilized eight staff members to successfully completed 549 facility inspections and visits in only six weeks. Tasks include: updating the City Business License Database to conform with MS4 Permit requirements; establishing business inspection criteria and priorities; developing effective industry -specific outreach letters; preparing inspection checklists and forms; conducting comprehensive field inspections of the facilities, including drainage characteristics reviews, pollutant source identification, and illicit discharge control; documenting observed conditions for education or enforcement; and developing geographic references to facilitate future integration into a GIS tracking system. City of Huntington Beach Industrial/Commercial, Construction, and FOG Inspections Environmental Compliance Inspector for providing over 150 I/C inspections and over 1,000 Fats, Oils, and Grease (FOG) inspections for food service locations in the City of Huntington Beach. The I/C inspections are required per the North Orange County MS4 Permit and the FOG inspections under General Pretreatment Regulations (40 CFR Part 403), which requires industrial dischargers to use treatment techniques and management practices to reduce or eliminate the discharge of harmful pollutants to sanitary sewers. Tasks included preparing inspection checklists and forms, conducting I/C and FOG inspections, identifying pollutants and illicit discharges into the storm drain system, documenting observed conditions, providing owners/operators with educational materials to prevent future violations, and incorporating data into an electronic database containing geographic references that allow information to be mapped and integrated into a GIS tracking system. City of Moreno Valley NPDES Consulting and WQMP Plan Check Services Plan Check Support on Water Quality Management Plans (WQMPs) for the City of Moreno Valley. Receives both preliminary and final WQMPs from developers and performs review services per the NPDES MS4 Permit, Riverside County LID BMP Design Manual, and the Guidance Manual. The task involves careful inspection of submitted documents, deep knowledge of the relevant local ordinances, and frequent communications with developers and with City planning and engineering staff members. Redlined plans, documents, a review checklist, and a comment letter are prepared and returned to the developer (if changes are needed) within 10 days. CWE7 City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional K Compliance and Support Services (RFP No. 2022-18) Ryan Kearns, CPSWQ, QSD/P Ryan Kearns has six years of experience in watershed management, environmental compliance, and water quality sampling. Prior to joining CWE, he worked as the Project Coordinator for Inland Empire Waterkeeper, where he conducted surface water quality monitoring, stormwater litigation monitoring and public outreach within the middle to upper Santa Ana Watershed. He now performs environmental compliance permitting, water quality sampling, and preparing water quality monitoring plans and reports. RELEVANT EXPERIENCE City of Rosemead MS4 NPDES Permit Inspection Years of Experience Services Inspector for providing I/C, redevelopment Education construction, and post -construction BMP inspections for the City of BS, Chemical Engineering, Rosemead. Inspection tasks included I/C inspections of University of California, approximately 200 food service, 100 automotive repair, 20 retail Riverside gasoline outlets, and six (6) nursery facilities; up to four (4) redevelopment construction inspections once per month; post- Registrations construction BMP inspections; and incorporating inspection data Certified Professional in into an electronic database containing geographic references that Storm Water Quality, 1317 allow information to be mapped and integrated into a GIS tracking Qualified SWPPP Developer/ system. Additional tasks performed included: staff training on Practitioner, 28158 construction/erosion plan review and permitting, erosion/sediment control plan inspections, and staff IC/ID response by one of CWE's registered QISPs; developing activity -specific public education content regarding source control BMPs and use and disposal of pollutants relevant to Rio Hondo Reach 3 and downstream receiving water impairments; redevelopment planning; public facility inventory and inventory of regional BMP development opportunities; identifying regional BMP projects for strategic and cost-effective analyses; public activity management; installing full capture devices and conducting DGR studies for trash TMDL compliance; IC/ID investigation and elimination; and annual reports submitted to the Upper Los Angeles River EWMP Group Lead Agency. City of Visalia Citywide Stormwater Management Plan Development Environmental Scientist for the preparation of a citywide Stormwater Management Plan as outlined by the SWRCB Phase II Small MS4 General Permit for stormwater discharges. The 2013 Phase II Small MS4 General Permit identifies permit requirements, including program management, public education and outreach, public involvement and participation, illicit discharge detection and elimination, construction site stormwater runoff control, pollution prevention/good housekeeping for the Permittee Operations Program, post - construction stormwater management, water quality monitoring, program effectiveness assessment and improvement, TMDL compliance, and an annual reporting program. Tasks include: preparing a Stormwater Management Plan and documenting implementation progress and program effectiveness, facilitating public participation during plan development, and preparing a five-year estimate of financial and staffing needs for plan implementation. GE. City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional M, Compliance and Support Services (RFP No. 2022-18) Santa Ana Watershed Project Authority Water Quality Study Impact of Homelessness Environmental Scientist for the development of a preliminary monitoring plan to assess potential impacts to water quality, riparian areas, and aquatic habitats from the presence of homeless encampments in the Upper Santa Ana River Watershed. While homeless encampments have the potential to impact water quality in a number of ways, including through trash and wildfires, data that directly links homeless encampments to water quality impairment is limited. The monitoring plan was prepared in alignment with California SWRCB protocols to quantify homelessness impacts on water quality. The preliminary monitoring plan and approach was presented to the SAWPA Commission and Middle Santa Ana River TMDL Task Force. Through the future implementation of this monitoring program, SAWPA and watershed stakeholders will be able to analyze collected data points and trends to make critical decisions and prioritize resources to reduce and/or eliminate the most significant contributors to water quality and habitat degradation. Santa Ana Watershed Project Authority Middle Santa Ana River Bacteria TMDL Monitoring Program Implementation Monitoring Support performing water quality monitoring services to assist the Santa Ana Watershed Project Authority (SAWPA) with Bacteria TMDL compliance through implementing the Santa Ana River Watershed Bacteria Monitoring Plan and QAPP. The program covers the entire Santa Ana River Watershed, including the southwestern part of San Bernardino County, northwestern part of Riverside County, and a small portion of Los Angeles County. Tasks include: calibrating and maintaining field meters; preparing CoC forms; obtaining and labeling sample containers; decontaminating sample collection materials using the disinfection/rinse method; collecting grab samples at various creeks, rivers, and channels during dry- and wet -weather events; making field observations, photo documentation, and recording observational data; operating field meters for measuring field parameters for temperature, dissolved oxygen, conductivity, turbidity, and pH; and delivering the samples under CoC to the laboratory within limited sample hold times. City of Gardena MS4 Permit Monitoring Program Services Monitoring and Inspection Support providing the City of Gardena with increasing levels of Los Angeles RWQCB Coastal Los Angeles County Phase I MS4 NPDES Permit services. After being confronted by the Los Angeles RWQCB, regarding irregular and incomplete consultant provided monitoring data, the City approached CWE staff to review their monitoring and MS4 Permit I/C Facility Inspection Programs. After conferring with Board staff to preclude conflicts for our ongoing clients, an initial compliance assessment of these programs was prepared, updated City Management on the findings, and, on short notice, assumed responsibility for their implementation. Los Angeles River Upper Reach 2 CIMP Implementation Monitoring Lead providing the LAR UR2 WMA, through the GWMA, with CIMP implementation services. Services provided included preparing a project -specific Health and Safety Plan, QAPP preparation, recommending, specifying, and procuring/leasing monitoring equipment, obtaining permits from the LACFCD, installing receiving water, TMDL, and stormwater outfall sampling stations, GIS outfall inventory, and non-stormwater outfall screening and monitoring. Ongoing services include project management, coordination and meetings, pre -sampling event preparation, tracking inclement weather and activating sampling teams, collecting and analyzing dry- and wet -weather samples from one receiving water and TMDL site, and one fixed and six rotating stormwater outfall sites, preparing field logs and site assessment photos, coordination with multiple laboratories and QA/QC of water quality results, data management and report preparation, semi- annual data reporting, water quality data submission in CEDEN format, draft and final annual report preparation, and CIMP evaluation and revision. GE. A City of Rosemead -f' Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Alexa Reasoner, QSP, CESSWI Alexa is an environmental scientist with broad experience conducting research for environmental, aerial, and topographic reports; assisting on environmental planning projects; fire insurance map development; SWPPP development and reporting; inputting data entry into clients' desired databases; conducting field sampling; and completing chain -of -custody paperwork for sampling events. She recently received a GIS accreditation from the University of California, Los Angeles Extension Program, making her well-equipped to handle data set collection and mapping responsibilities using existing software and applications. RELEVANT EXPERIENCE City of Gardena MS4 Permit, Water Quality Monitoring, and Compliance Services Environmental Scientist for the development of public outreach materials as part of the requirements for Public Information and Participation Program to maintain coverage under the NPDES Phase I MS4 Permit issued by the County of Los Angeles. Tasks include advertising and announcing stormwater pollution prevention and disseminate information of proper handling and disposing of possible pollutants. City of La Habra Heights MS4 Permit Water Quality Years of Experience Education BS, Environmental Science and Policy, 2015, California State University, Long Beach Registrations OSHA 40 -Hour HAZWOPER, No.2102191363122 Certified Erosion, Sediment, & Storm Water Inspector, 00007267 Monitoring Environmental Scientist providing dry- and wet- Qualified SWPPP Practitioner, weather water quality monitoring, sample collection services, and 28177 preparing data in CEDEN format. Preparing sample containers and collection equipment; calibrate field parameter measurement instruments (YSI, ProDSS); interpret weather forecasts; coordinate staff schedules; access difficult to reach monitoring locations during inclement conditions; photographically record observed field conditions; collect water quality samples, duplicates, and blanks; collect and verify field parameter measurements; complete water quality monitoring safety and field logs; review and interpret analytical laboratory data reports. San Bernardino County On -Call Mojave River Watershed Group MS4 Permit Implementation Environmental Scientist assisting the County of San Bernardino, Town of Apple Valley, and Cities of Hesperia and Victorville, with the preparation of four Unified Annual Reports documenting implementation of the watershed's Stormwater Management Programs and compliance with the Phase II Small MS4 General Permit. Also developing a Model Stormwater Ordinance to address the General Permit requirements and incorporated new development and redevelopment provisions with LID strategies for the high desert region. Other on-call stormwater management services include program management, revision of the existing Stormwater Management Program, preparation of reports and plans to meet permit requirements, development and assistance with stormwater program implementation, research to proficiently respond to document reviews, technical and regulatory support, and performance of permit compliance related services as deemed necessary by the member agencies. CWE7 City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) City of Visalia Citywide Stormwater Management Plan Development Environmental Scientist for the development of the Enforcement Response Plan to maintain coverage under the NPDES Phase II MS4 General Permit and to establish legal authority to employ enforcement actions to correct violations pertaining to non-stormwater or unauthorized discharges. The 2013 Phase II Small MS4 General Permit identifies permit requirements, including program management, public education and outreach, public involvement and participation, illicit discharge detection and elimination, construction site stormwater runoff control, pollution prevention/good housekeeping for the Permittee Operations Program, post -construction stormwater management, water quality monitoring, program effectiveness assessment and improvement, TMDL compliance, and an annual reporting program. Tasks include: preparing a Stormwater Management Plan and documenting implementation progress and program effectiveness, facilitating public participation during plan development, and preparing a five-year estimate of financial and staffing needs for plan implementation. Los Angeles County Flood Control District Mass Emissions Water Quality Monitoring Environmental Scientist for mass emissions monitoring, along with preparing the draft Annual Monitoring Report for the LACFCD. Storm event water quality samples were collected from improved and natural conveyances, using both grab and autosampler methods for over 1,140 square miles of tributary watershed area. Specific tasks managed included: Standard Operating Procedures (SOP) development, Operations and Maintenance (O&M) of water quality sampling equipment; inclement weather forecasting and tracking; client, consultant, shift change, and laboratory coordination; preparing and mobilizing two - person sampling crews; collecting grab and composite water quality samples under inclement conditions; conducting field analytical analyses; delivering samples under Chain -of -Custody (CoC) to designated laboratories; and preparing stormwater event field logs and monitoring reports. Los Angeles River Upper Reach 2 CIMP Implementation Environmental Scientist providing sampling, draft and final annual report preparation, semi-annual CEDEN format data submission, and a SCWP annual plan as part of CIMP implementation services provided for the LAR UR2 WMA, through the GWMA. This group is comprised of the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon, and the LACFCD. Services provided have included preparing a project -specific HASP; QAPP preparation; obtaining access and encroachment permits from the USACE, LACFCD, and local municipalities; GIS outfall inventory; and non-stormwater discharge outfall screening. Additional ongoing services include meeting coordination, weather tracking, dry- and wet -weather water quality monitoring at two fixed and six rotating stormwater outfall sites, preparing field logs and site assessment photos, laboratory coordination, QA/QC of results, data management. Rio Hondo/San Gabriel River Water Quality Group CIMP Implementation Environmental Scientist providing sampling, draft and final annual report preparation, and semi-annual CEDEN format data submission as part of Rio Hondo/San Gabriel River Water Quality Group CIMP implementation services. This group is comprised of the cities of Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre; County of Los Angeles; and LACFCD. Services included preparing a project -specific HASP, obtaining access permits from the LACFCD, conducting Rio Hondo Pre -LRS monitoring, GIS outfall inventory, and non-stormwater outfall screening and monitoring. Additional ongoing services include: meeting coordination; weather tracking; dry- and wet -weather water quality monitoring at five receiving water sites, including Peck Road Park Lake and five stormwater outfall sites; preparing field logs and site assessment photos; laboratory coordination; QA/QC of results; and data management and report preparation. GE City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Tammy Takigawa, PE, ENV SP, QSD/P Tammy Takigawa is a professional engineer and has been involved with a variety of civil design, water resources, and stormwater management projects. She has conducted thorough research on several projects for local municipalities, which involved compiling data and records related to utilities, hydrology and hydraulics, existing facility plans, and water quality. Tammy's duties include utilities research, BMP design, LID planning and implementation, permitting, stormwater compliance, and feasibility assessments. RELEVANT EXPERIENCE City of Glendora NPDES and Water Quality Years of Experience 6.5 Education Administration Assistant Engineer for ongoing NPDES Permit BS, Civil Engineering, and Water Quality Administration services to assist the City with California State University, Los Angeles County Municipal NPDES Stormwater Permit, IGP, and Long Beach CGP compliance. Tasks include: providing support for the Registrations Development Planning and Construction, Industrial/Commercial Civil Engineer, CA, 92021 Facilities Control, Public Agency Activities, IC/ID Elimination, and Public Education Programs; providing program management and Envision TM Sustainability regulatory support; conducting a portion of more than 600 FOG Professional Credential, inspections and 350 industrial/commercial facility stormwater 21840 compliance inspections; corporate yard facility SWPPP Qualified SWPPP Developer/ preparation; SWPPP and LID Plan check review; staff training Practitioner, 27889 (Industrial SWPPP, IC/ID, Public Agency Activities, FOG, and LID Plan review); representation at Permittee meetings; and TMDL implementation assistance. Performed a Program Effectiveness Assessment of the City's Stormwater Management Plan and assessed the FOG Control Program to determine compliance with SSO requirements. San Bernardino County Flood Control District On -Call Professional Engineering and Regulatory Compliance Services for NPDES Phase I MS4 Permit Implementation Assistance Assistant Engineer for as -needed NPDES Phase I MS4 Permit Implementation Assistance services provided to the County of San Bernardino and SBCFCD. Services performed include: collecting ROWD data, attending an Orange County MS4 Permit hearing on the County's behalf, providing staff augmentation with CG Resource Management and Engineering, preparing a Proposition 1 planning grant workplan and application for a Stormwater Resource Plan, post -construction BMP inspections, LIP preparation for both the County and SBCFCD, and assisting with regulatory support for a Santa Ana RWQCB audit of the New Development and Redevelopment Program. Rio Hondo San Gabriel River Water Quality Group Enhanced Watershed Management Program This project was the recipient of the 2016 ASCE Metropolitan Los Angeles Branch Outstanding Water Treatment Project of the Year Award. Assistant Engineer for the development of an EWMP for the Rio Hondo/San Gabriel River Water Quality Group to enhance water quality, comply with the MS4 Permit, and provide other multiuse benefits. The Group consists of the County of Los Angeles, LACFCD, and the GWE. City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional x Compliance and Support Services (RFP No. 2022-18) Cities of Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre. Tasks included: developing project concepts for groundwater recharge and water quality enhancement; developing an EWMP Work Plan, RAA, and CIMP; regional project planning and screening; meetings with the Group to discuss progress; and project schedule and cost estimate development. The project also included the preparation of an NOI to develop the EWMP and CIMP. City of Los Angeles Proposition O BMP Optimization Water Quality Monitoring Engineer coordinating three wet -weather and three dry -weather monitoring events annually at 10 Proposition 0 project locations. Tasks include: development of a Proposition 0 monitoring plan and Quality Assurance Project Plan (QAPP), weather forecasting and tracking, coordination of sampling events with the City of Los Angeles' Emergency Management Department (EMD), sample bottle preparation, field analytical analysis, field observation logging, collection and delivery of samples, data processing and analysis, and event summary technical memorandums. Monitoring is conducted at a total of thirty-five sites among the following Proposition 0 locations: Echo Park Lake, Grand Boulevard Tree Wells, Hansen Dam Wetlands Restoration, Imperial Highway Sunken Median, Mar Vista Recreation Center, Oros Green Street, Peck Park Canyon Enhancement, Penmar Water Quality Improvement, South LA Wetlands, and Westside Park Irrigation. Various sites provide safety challenges, including lakes, median strips, underground vaults, and vehicle traffic. Monitoring includes analysis of constituents such as nutrients, metals, algae, bacteria, and pesticides. Results are analyzed in comparison with applicable limitations due to Total Maximum Daily Loads (TMDLs), California Toxic Rule (CTR), the basin plan, and Municipal Separate Storm Sewer System (MS4) permit requirements. Results are utilized to assess Best Management Practice (BMP) functionality and effectiveness in order to make recommendations and coordinates with the City and other consultants to identify program challenges and accomplishments. San Bernardino County NPDES Stormwater Program Regulatory Assistance and Related Services Assistant Engineer for providing On -Call NPDES Permit Compliance Services to the San Bernardino County Flood Control District (SBCFCD) and 17 Co -Permittees. Services provided included: QSD/P training, development of a model stormwater and LID ordinance, assistance with a Regional Board audit of the County's New Development and Redevelopment Program, annual report preparation and coordination, development of the County and Flood Control District Local Implementation Plans, Stormwater Management Plan implementation assistance, and technical support to execute stormwater permit requirements. Los Angeles River Upper Reach 2 CIMP Implementation Monitoring Support for CIMP implementation services provided for the LAR UR2 WMA, through the GWMA. This group is comprised of the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon, and the LACFCD. Services provided have included preparing a project -specific HASP; QAPP preparation; obtaining access and encroachment permits from the USACE, LACFCD, and local municipalities; GIS outfall inventory; and non-stormwater discharge outfall screening. Ongoing services include meeting coordination, weather tracking, dry- and wet -weather water quality monitoring at two fixed and six rotating stormwater outfall sites, preparing field logs and site assessment photos, laboratory coordination, QA/QC of results, data management, report preparation, semi-annual CEDEN format data submission, and draft and final annual report preparation. GE. City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional M Compliance and Support Services (RFP No. 2022-18) Allen Xie, PE, QSD/P, QISP Allen Xie has 12 years of experience in inspections, monitoring, SWPPP development, hydraulic analysis, and civil design. He has performed duties including developing SWPPPs for industrial and municipal facilities, conducting environmental monitoring for industrial facilities, conducting groundwater monitoring, performing hydraulic analysis, conducting site assessments, conducting hydraulic studies, analyzing lab and field data to comply with regulatory permits, preparing traffic control studies, preparing and submitting compliance reports, and preparing seismic calculations for treatment structures. Allen has conducted inspections in remote locations for utility substations, landfills, and wastewater treatment plants to assess BMP implementation and effectiveness and good housekeeping measures. RELEVANT EXPERIENCE City of Huntington Park MS4 NIPDES Permit Inspection Services Inspector providing urban stormwater inspection services to assist the City of Huntington Park with MS4 Permit compliance. Successfully completed 549 inspections and facility visits over six consecutive weeks in 2016 as part of an organized team. Tasks performed included establishing inspection criteria, preparing inspection checklists and forms, conducting IGP and FOG inspections, comprehensive field inspections, including drainage characteristics reviews and post -construction BMPs, identification of pollutants and illicit discharges into the storm drain system, documenting observed conditions, providing educational materials, and incorporating data into an electronic database containing geographic references that allow the information to be mapped and integrated into a GIS tracking system. Years of Experience IN Education MS, Civil Engineering, California State University, Fullerton BS, Civil Engineering, California State Polytechnic University, Pomona Registrations Civil Engineer, CA, 85112 Qualified SWPPP Developer/Practitioner, C85112/27157 Qualified Industrial Stormwater Practitioner, PE85112 Los Angeles County Public Works On -Call Environmental Compliance Management Environmental Compliance Manager I assisting the LACPW's Environmental Compliance Project Manager and representing County's interests in the management of environmental compliance services for construction projects, including dewatering, and the excavation, handling and disposal of contaminated soil and water in addition to other hazardous materials, and noise and air concerns. Tasks include, but are not limited to, site assessment and mitigation reports; investigations including field exploratory borings and analytical testing of the soil and water samples; reviewing construction plans, contract specifications, special provisions, and other documents; obtaining NPDES and Waste Discharge Requirement (WDR) permits for dewatering treatment systems, surface water diversion systems, and groundwater monitoring wells; preparing SWPPPs and conducting stormwater compliance training for appropriate staff; maintaining an in-house staff of professionals certified to perform asbestos or lead- based paint surveys; South Coast Air Quality Management District (SCAQMD) Rule 402, 403, 1166, 1466 and visual emissions evaluations; emission standards and regulations for vehicles; noise monitoring and mitigation; and work plan, HASP, and sampling and quality assurance document review. GE. 1�City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional K Compliance and Support Services (RFP No. 2022-18) City of Glendora Industrial/Commercial Facility Inspections Senior Engineer performing I/C facility inspections in compliance with the 2012 MS4 Permit for the City of Glendora. Tasks include: identifying I/C facilities requiring inspections and performing I/C facility inspections for 605 locations. Additional tasks include: notation of BMPs implementation, assessment of BMP effectiveness, identification of BMP deficiencies, documentation of non-stormwater discharges and illicit connections, noting missing BMPs that are identified in the facility's SWPPP, photographing areas of concern, and working with the facility manager and/or responsible party to identify deficiencies and provide examples of BMP solutions to implement and mitigate the deficient condition. Water Replenishment District of Southern California Staff Augmentation for Permitting Support Services Permitting Support providing more than 2,200 hours of staff augmentation from September 2019 to December 2021 for services under the instructions of the Water Quality and Regulatory Compliance Specialist. Tasks to cover the Water Replenishment District of Southern California's (WRD's) 420 -square -mile service area include preparing, filing and maintaining all regulatory applications, reports, and records for NPDES permits, WDR permits, IGPs, Title 22 Engineering Reports, and five-year engineering reports; managing various permits and making modifications and renewals as necessary; reviewing water quality data, laboratory reports, and operation data; QA/QC of monthly, bimonthly, quarterly, semi-annual, and annual reports; communicating with operations staff, laboratory staff, and WRD staff as necessary to complete tasks; QA/QC of WRD's water quality database and historian operation database; and reviewing and documenting current regulating reporting process in preparation of formulating standard operating procedures. City of Los Angeles Proposition O BMP Optimization Water Quality Monitoring Monitoring Support responsible for coordinating eight wet -weather and seven dry -weather monitoring events, over three years, at up to 35 sites spread among eleven Proposition 0 BMP project locations. Tasks include: development of a Monitoring Plan and QAPP, weather forecasting and tracking, coordination of sampling events with the City of Los Angeles' Environmental Monitoring Division (EMD), sample bottle preparation, field analytical analysis, field observation logging, collection and delivery of samples, data processing and analysis, and event summary technical memorandums. Various sites provide safety challenges, including lakes, median strips, underground vaults, and vehicle traffic. Monitoring includes analysis of constituents such as nutrients, metals, algae, bacteria, and pesticides. Results are analyzed in comparison with applicable limitations due to TMDLs, California Toxics Rule (CTR), the basin plan, and MS4 permit requirements. Results are utilized to assess BMP functionality and effectiveness in order to make recommendations and coordinates with the City and other consultants to identify program challenges and accomplishments. City of San Gabriel I/C and FOG Inspections Senior Engineer for providing I/C and FOG food service and restaurant inspection services to the City of San Gabriel. The City developed an EWMP Plan, approved by the Los Angeles RWQCB, that requires the City to identify track, educate, and verify implementation of runoff pollutant source control BMPs at all I/C facilities. The MS4 Permit also requires Permittees to conduct commercial inspections at food service, automotive repair, retail gasoline outlet, and nursery centers. Additional tasks included drafting I/C facility inspection notification letters, inspection forms, and bilingual BMP factsheets; conducting inspections; and incorporating data into an I/C Facility Inspection Excel"" database and converting it to ArcGIS shapefiles. CWE7 A City of Rosemead r� Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Chris Pendroy, ENV SP, CPSWQ, QSD/P Chris Pendroy is experienced in inspecting numerous capital improvement projects in order to verify compliance with construction plans, specifications, and regulatory requirements. His expertise includes conducting field visits and job walks, completing structural calculations, managing utility coordination and research, developing improvement plans, and coordinating with local residents, municipalities, and staff to ensure successful project completion. Chris' duties include conducting post -construction BMP inspections, QSP inspections, SWPPP development reviews, preparing plans for complex BMP infrastructure, gathering data and preparing stormwater master plans, and assisting clients with regulatory compliance. RELEVANT EXPERIENCE City of Glendora NPDES and Water Quality Administration Senior Engineer for ongoing NPDES Permit and Water Quality Administration services to assist the City with Los Angeles County Municipal NPDES Stormwater Permit, IGP, and CGP compliance. Tasks include: providing support for the Development Planning and Construction, Industrial/Commercial Facilities Control, Public Agency Activities, IC/ID Elimination, and Public Education Programs; providing program management and regulatory support; conducting a portion of more than 600 FOG inspections and 350 industrial/commercial facility stormwater compliance inspections; corporate yard facility SWPPP preparation; SWPPP and LID Plan check review; staff training (Industrial SWPPP, IC/ID, Public Agency Activities, FOG, and LID Plan review); representation at Permittee meetings; and TMDL implementation assistance. Performed a Program Effectiveness Assessment of the City's Stormwater Management Plan and assessed the FOG Control Program to determine requirements. Years of Experience 27 Education MS, Civil & Environmental Engineering, 1994, University of California, Irvine BS, Civil Engineering, 1992, University of California, Irvine Registrations Envision TM Sustainability Professional Credential, 14225 Certified Professional in Stormwater Quality, 93 Qualified SWPPP Developer and Practitioner, CA, 24503 compliance with SSO City of La Canada Flintridge NPDES Permit Compliance Services Senior Engineer assisting the City of La Canada Flintridge with Los Angeles County Municipal NPDES Stormwater Permit and Construction General Permit compliance. Providing services involving stormwater guidance document preparation, Development Planning Program implementation, performing SWPPP and SUSMP plan check reviews, preparing conditions of approval for priority planning projects, performing stormwater compliance inspections, and developing an electronic tracking database for construction projects. Los Angeles County Mass Emissions and Tributary Station Water Quality Monitoring Senior Engineer for provided mass emissions and tributary monitoring at eight stations, along with preparing the draft Annual Monitoring Report for the LACFCD. Storm event water quality samples were collected from improved and natural conveyances, using both grab and autosampler methods for over 1,140 square miles of tributary watershed area. Specific tasks included: SOP development, Operations and GE City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional M, Compliance and Support Services (RFP No. 2022-18) Maintenance (O&M) of water quality sampling equipment; inclement weather forecasting and tracking; client, consultant, shift change, and laboratory coordination; preparing and mobilizing two -person sampling crews; collecting grab and composite water quality samples under inclement conditions; conducting field analytical analyses; delivering samples under chain -of -custody to designated laboratories; and preparing stormwater event field logs and monitoring reports. City of Los Angeles Temescal Canyon Park Stormwater BMP Project and SWPPP Provided BMP inspections to the City of Los Angeles during the construction of a new stormwater pre-treatment facility to remove trash, debris, coarse sediment, oil, and grease prior to downstream treatment at the Hyperion Treatment Plant. Tasks included preparing a Risk Level 2 SWPPP in compliance with the CGP and special provisions of the project, preparing PRDs, implementing BMP and maintenance schedules, performing weekly BMP inspections to ensure proper installation and maintenance, preparing REAPS for the project site 48 hours prior to anticipated precipitation, and uploading data and certifications to SMARTS. San Bernardino County Department of Public Works Post -Construction BMP Inspections Senior Engineer for inspections of discretionary projects provided to the San Bernardino County Department of Public Works to verify that WQMP features were being installed in accordance with the approved WQMP and grading plans and suggested BMP design provisions in the CASQA Stormwater BMP Handbook — New Development and Redevelopment. Inspections ensured that BMPs were installed properly per the approved plans and functioned as intended. These post -construction BMP inspections assisted the County of San Bernardino with the San Bernardino County MS4 NPDES Permit's New Development and Redevelopment Program compliance. Task performed included identifying observed WQMP deficiencies for design flaws, vector breeding issues, inadequate infiltration, safety concerns, or other site conditions that prevent construction of WQMP features. For projects that required modification, detailed reports were prepared with redesign recommendations and suggestions. City of Santa Clarita NPDES Permit Compliance Services Senior Engineer for assisting with NPDES Permit implementation services to ensure compliance with the Los Angeles County Municipal NPDES Stormwater Permit and Construction General Permit. Responsibilities included program management, regulatory support, attending Los Angeles County Executive Advisory Committee meetings, public education, construction site stormwater compliance inspections, SWPPP and SUSMP plan check reviews, industrial/commercial facility inspections, municipal staff training, staff augmentation, assistance with the NPDES Permit Program audits conducted by the Regional Board and USEPA; and annual reporting. City of Glendora FOG Inspections and Reporting Senior Engineer performing a portion of onsite FOG inspections of permitted food handling facilities to ensure compliance with the City of Glendora's FOG ordinance and minimize potential Sanitary Sewer Overflows (SSOs). Between 2013 and 2019, 1,114 FOG inspections at more than 440 facilities citywide were performed citywide. FOG inspections included kitchen BMPs such as using dry wiping techniques, keeping maintenance logs for grease trap inceptors, grease recycling, exhaust system filter cleaning, posting "No Grease" signs and kitchen BMPs fact sheets. Tasks included: tracking food service establishment inspections and keeping records of training, conducting inspections and documenting observations with photographs and a FOG implementation inspection checklist, conducting follow-up inspections, providing employee training for BMPs, checking the roof and nearby catch basins for signs of oil and grease, and providing hard copies of completed inspections checklists and electronically stored photographs. GE 1561 E. Orangethorpe Avenue, Suite 240 CWE Fullerton, California 92831 T.(714) 526-7500 I F.(714) 526-7004 www.cwecorp.com Attachment C Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT MS4 PERMIT COMPLIANCE AND SUPPORT SERVICES (CWE CORPORATION) 1. PARTIES AND DATE. This Agreement is made and entered into this Day of 20 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City') and CWE Corporation with its principal place of business at 1561 E. Orangethorpe Avenue, Suite 240, Fullerton, California 92831 ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing NPDES Services to public clients, is licenced in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render MS4 Permit Compliance and Support Services ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional compliance and support services necessary for the Project, herein referred to as "Services". The Services are more particularly described in Exhibit A attached hereto and incorporated CAVE CORPORATION Page 2 of 11 herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for one 15 -month period and two 18 -month periods beginning on October 1, 2022, through December, 2025, with the option to extend for up to two (2) additional 18 -month periods, at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of the Agreement, and shall meet any other established shcedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are CWE CORPORATION Page 3 of 11 determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant will designate Gerald Greene, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs CWE CORPORATION Page 4 of 11 arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed One Hundred Sixty -Two Thousand Nine Hundred Ninety -Nine Dollars ($162,999.00) for period one. Compensation for periods two and three allows for a CPI annual adjustment in accordance with Exhibit A. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution CWE CORPORATION Page 5 of 11 of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. CWE CORPORATION Page 6 of 11 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CWE Corporation 1561 E. Orangethorpe Avenue, Suite 240 Fullerton, California 92831 Attn: Gerald Greene Tel: (714) 526-7500 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Michael Chung Director of Public Works Tel: (626) 569-2158 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to CWE CORPORATION Page 7 of 11 Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action. 3.5.6 Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to CWE CORPORATION Page 8 of 11 insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other CWE CORPORATION Page 9 of 11 Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. CWE CORPORATION Page 10 of 11 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] CWE CORPORATION Page 11 of 11 CITY OF ROSEMEAD CWE CORPORATION Ben Kim, City Manager Date Name: Attest: Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: Name: Date Rachel Richman City Attorney C N.gF-.lii_1 PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME A-1 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. C-1 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. C-2 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. C-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. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not M the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. C-5