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HomeMy WebLinkAbout16 STORM WATER PROGRAM 03-20-06 AGENDA REPORT MEETING DATE: MARCH 20, 2006 TO: WILLIAM A HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: CONSULTANT SERVICES AGREEMENT FOR AS-NEEDED TECHNICAL SUPPORT AND ASSISTANCE WITH THE CITY'S MUNICIPAL STORM WATER PROGRAM SUMMARY The Agreement between the City and URS Corporation will provide for As-Needed Technical Support and Assistance with implementation of the City's Municipal Storm Water Program in compliance with National Pollutant Discharge Elimination System (NPDES) requirements. RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with URS Corporation for As-Needed Technical Support and Assistance with the City's Municipal Storm Water Program, and authorize the Mayor and City Clerk to execute the Consultant Services Agreement on behalf of the City. FISCAL IMPACT URS Corporation will invoice for actual services performed. The total cost of services to be performed by URS Corporation during Fiscal Year 2005-2006 is not expected to exceed $25,000. These services will be funded from the City's Fiscal Year 2005-2006 NPDES Operating Budget (01-402-6222). BACKGROUND In response to the increasingly complex compliance requirements of the Santa Ana Region NPDES Permit, staff has responded by reinforcing the City's Storm Water Program with technical support personnel. Currently, technical support is provided by URS Corporation in the area of Water Quality Management Plan (WQMP) Review and in the preparation of the NPDES Annual Report. Services provided by URS Corporation have been performed on an individual task basis via purchase order. This Agreement is intended to formalize the working relationship between URS Corporation and the City. Individual assignments will continue to be managed through not to exceed costs via purchase order. Approval of Consultant Services Agreement for As-Needed Technical Support and Assistance with the City's Storm Water Program March 20, 2006 Page 2 URS Corporation is qualified to provide such services since they are active participants in the Orange County Storm Water Program. URS has provided technical assistance to the County in development of the Drainage Area Management Plan (DAMP) and the Local Implementation Plan (LIP). These documents, along with the City's Water Quality Ordinance, serve as the basis of the City's Storm Water Program. In addition, URS has provided assistance in the development of the WQMP Guidance Document that is being used by multiple cities within the Santa Ana Region. URS Corporation's technical assistance has provided the City with the necessary resources to meet its Santa Ana Region NPDES permit requirements. Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager Attachments: Consultant Services Agreement S:\City Councilltems\2006 CouncllltemslApproval of CSA URS on-call.doc CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this day of 20_, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and URS Corporation, a Nevada Corporation, doing business as URS Corporation Americas, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary professional services for the As-Needed Technical Support and assistance related to the City's Municipal Stormwater Program hereinafter referred to as "Project"; and WHEREAS, City has requested a Scope of Work, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, in response to the Scope of Work, Consultant has submitted to City a Schedule of Fees and Charges, a copy of which is attached hereto marked as Exhibit "B" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services to City; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A" and Exhibit "B" in accordance with the terms and conditions of this Agreement. Section 2: Order of Precedence In the event of a conflict between or among any of the documents comprising this Agreement, the following order of precedence shall govern the provision in question: 1. This Agreement 2. City's Scope of Work (Exhibit "A") 3. Consultant's Schedule of Fees and Charges (Exhibit "B") Section 3: Time for Completion The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various assignments requested by the City on an as-needed basis. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section 4: Compensation A. The compensation to be paid under this Agreement shall be on a time and material basis as set forth in the Consultant's proposal (Exhibit "A") and with a not- to-exceed cost to be agreed upon by the City and Consultant for individual assignments. Hourly rates paid shall be in accordance with the billing rates as set forth in Exhibit "B" with annual adjustments made upon written authorization by the City. B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. 2 D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Section 6: Indemnification Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including reasonable attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. A. Section 7: Insurance Consultant shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $1,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or with an equivalent carrier in the amount required by this Agreement for at least five (5) years after completion of 3 C. Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. Consultant shall carry and pay for such workers' compensation insurance as is required to fully protect Consultant and its employees under California Worker's Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as an additional insured on the commercial general liability and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B-, VII (seven) or better, or from the State Compensation Fund. (3) The Insurance shall not be cancelled, except after thirty (30) days written prior notice to the City; and (4) The commercial general liability and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance and insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1)(3) and (4) of Section 7D above and the waiver of subrogation requirement in Section 7C above. If self- insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of AQreement A. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving ten (10) business day written advance notice to the other party. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. B. C. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the 4 Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notices Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: To City: City of Tustin Attn.: Tim D. Serlet 300 Centennial Way Tustin, CA 92780 To Consultant: URS Corporation Attn: Barbara Klos, Senior Project Scientist 2020 E. First Street, Suite 400 Santa Ana, CA 92705 Section 10: Miscellaneous Provisions A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. C. D. Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. E. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex, or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of payor other forms of compensation, and selection for training, including apprenticeship. 5 F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by either party regarding this Agreement. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Title ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Doug Holland, City Attorney' "CONSULTANT" By Paul Ryan Title Vice President S:\CSA & RFP\2005\CSA - URS.DOC 6 EXHIBIT A Scope of Work TECHNICAL SUPPPORT AND ASSISTANCE for City of Tustin Municipal Stormwater Program Project Management Ms. Barbara Klos will be Consultant's Project Manager for the services provided to the City under the Agreement. Ms. Klos has over 13 years experience related to surface water quality, particularly storm water regulation, permitting, and programs. She will be responsible for overall coordination of services provided to the City, maintaining work effectiveness and efficiency, monitoring and controlling cost and schedule for work assignments, providing progress reports, and assuring accuracy of invoices, As-Needed Technical Support and Assistance Consultant will provide as-needed general technical support and assistance to the City for its municipal stormwater program and compliance with Santa Ana Regional Water Quality Control Board Order No, R8-2002-0010 and subsequent Orders. For this Scope of Work, actual work assignment will be defined and authorized by the City on an as-needed basis. Work assignments under this task may include, but not limited to: Review of project-specific Water. Quality Management Plans (WQMPs) submitted to the City. Assistance in preparing Annual Program Reports. Identification, development, and/or assessment of alternative approaches to stormwater program components necessary for compliance; Preparation for, and participation in, meetings related to the City's municipal stormwater program or the Orange County Drainage Area Management Plan. Other technical support as directed. Exhibit B URS Schedule of Fees and Charges for City of Tustin July 1, 2005 through June 30, 2006 The following describes the basis for compensation for service performed during 2005-2006. Subject to written approval bv the CitY of Tustin, this Schedule of Fees and Charges may be adjusted annually on July] of each subsequent year to reflect merit and economic salary increases, and changes in the expected level and mode of operations for the subsequent year. The new Schedule of Fees and Charges will apply to existing and new assignments. PERSONNEL CHARGES The charge for all time required in the performance of the Scope of Service, including office, field and travel time, will be at the Unit Price Hourly rates set forth below for the labor classifications indicated. labor Classification Engineer, Geologist, Planner, Scientist Senior Engineer, Geoiogist, Pianner, Scientist Projeci Engineer, Geologist, Pianner, Scientist Senior Project Engineer, Geoiogist, Pianner, Scientist Project Manager Senior Project Manager Principai Engineer, Geoiogist, Planner, Scientist Vice President, Program Director Ciericai Project Assistant, Word Processor TechnicianlTechnical Editor Drafter/Illustrator Senior Drafter/illustrator Senior Technician Hourly Rate $80 $95 $125 $150 $155 $175 $195 $215 $60 $80 $80 $75 $85 $90 When URS staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, their time will be charged at 2,0 times the standard rate, All time spent preparing for such trials, hearings and depositions, will be charged at the standard labor rate, URS lABORATORY SERVICES AND EQUIPMENT CHARGES Charges for laboratory services and equipment will be charged at standard usage rates, Rate schedules are available upon request. OTHER PROJECT CHARGES Subcontractors and Eauioment Rental The cost of services subcontracted by URS to others and other costs incurred by URS will be charged at cost plus 15%, Comouters The charge for use of in-house compucers for spreadsheets, word processing and other similar functions is $15,00 per page. The charge for use of Computer Aided Design and Drafting (CADD), Graphics generation, Geographic Information Systems (GIS) modeling applications and similar technical computing is $25,00 per hour. There will be a charge of$5,OO each for non-color and $15,00 for each color plot generated by CADD and GIS systems, Document Reoroduction In-house reproduction will be charged at $,10 a page for black and white and $1,50 a page for color. Vehicles and Mileaae Field vehicles (pick-ups, vans, trucks, etc,) used on project assignments will be charged at $75,00 per day. The mileage charge for personal autos will be the current mileage rate established by the Internal Revenue Service, (As of January 1,2006 the mileage rate is $0.445 per mile.) This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal