HomeMy WebLinkAboutStone Creek Environmental Consulting 2020-09-091
COU No. 2021-104
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this 9th day of September, 2020 ("Effective
Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
Stone Creek Environmental Consulting, a Limited Liability Company organized and in good
standing under the laws of the state of California, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to Stormwater Support Services.
b. Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
c. City and Consultant agree upon the Scope -of -Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope -of -Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope -of -Work upon receipt of a Notice to Proceed from City and shall complete
such services as directed by City. Consultant shall complete the work to the City's
reasonable satisfaction, even if contract disputes arise or Consultant contends it is
entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $39,600. Labor charges shall be
based upon hourly billing rates for the various classifications of personnel employed by
Consultant to perform the Scope of Work as set forth in the attached Attachment A,
which shall include all indirect costs and expenses of every kind or nature, except direct
Std — ProfSvcsAgreement- November 20, 2008
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COU No. 2021-104
Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City's
local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage —
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant's
profession. Architects' and engineers' coverage is to be endorsed to
include contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage including operations,
products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
Std— PmtSvcsAgreement- November 20, 2008
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COU No. 2021-104
3. Professional Liability Coverage
If written on a claims-madebasis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall extend for one
year after project completion.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB -1 for short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
time. If Consultant fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub -consultants as insured under
its policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub -consultant. All coverage for sub -contractors or sub -consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the
termination of this Agreement, to indemnify the City for any claim, cost or liability that
arises out of, or pertains to, or relates to any negligent act or omission or the willful
misconduct of Consultant in the performance of services under this contract by
Consultant, but this indemnity does not apply to liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful
misconduct or defects in design by the City, or arising from the active negligence of the
City.
Std — ProfSvcsAgreement- November 20, 2008
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COU No. 2021-104
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off -set for any direct or consequential damages City may incur as
a result of Consultant's breach of contract.
7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this Agreement may be
executed and delivered by facsimile or other electronic transmission, and in more than
one counterpart, each of which shall be deemed an original, and all of which together
shall constitute one and the same instrument. When executed using either alternative,
the executed agreement shall be deemed an original admissible as evidence in any
administrative or judicial proceeding to prove the terms and content of this Agreement.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH
DEPT. OF PUBLIC WORKS
300 SEMINARY AVENUE
UKIAH, CALIFORNIA 95482-5400
STONE CREEK ENVIRONMENTAL
CONSULTING, LLC
PO BOX 1231
WINDSOR, CA 95492
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT:
BY:
COLLEEN NT
85-1380973
_ IRS IDN Number
CITY OF UKIAH:
August 6, 2020
Date
Sep 15, 2020
BY: SAGE SANGIACOMO Date
CITY MANAGER
ATTEST:
Sep 15, 2020
CITY CLERK Date
Std — ProfSvcsAgreement- November 20, 2008
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STONE
CREEK
cnvironnien a1
consulting
Task 1. Critical Source Program
Colleen Hunt, CPMSM
Professional Consultant
P.O. Box 1231
Windsor, CA 95492
707-318-9415
colleen@consultingstonecreek.com
Permit Section C.2.d. requires the City to inspect all restaurants, automotive service facilities,
auto -dismantlers, retail gasoline service stations, and nurseries and landscape material retailers, identified
in the Permit as critical source facilities. Inspections are required twice during the five-year term of the
Permit. However, the Permit allows the City to leverage inspection efforts of other agencies as to not
duplicate similar efforts, as long as other agencies' inspections include a stormwater component. Table 1
indicates the agencies that have responsibilities to inspect critical source facilities within the City:
Table 1. Critical Source Facilities Inspection
Facility Type
Responsible Agency
Restaurants
County of Mendocino Public Health Department
Automotive Service Facilities
County of Mendocino Environmental Health
(CUPA)
Retail Gasoline Service Stations
County of Mendocino Environmental Health
(CUPA)
Auto -Dismantlers
County of Mendocino Environmental Health
(CUPA)
Nurseries and Landscape Material
Retailers
None
I am familiar with the inspection process for each of the agencies listed in Table 1. Both agencies include
a stormwater component as part of their inspection protocols for the critical source facilities. Therefore, I
recommend that the City use the existing inspection programs as part of the strategy for complying with
this Permit requirement. However, the City will need to collaborate with the agencies to appropriately
document that the inspections have taken place and that they meet the requirements of the Permit.
Task 1.1 Local Agency Record Review
To effectively demonstrate compliance with Permit Section C.2.d., I will coordinate with each agency
identified in Table .1 to gather inspection records. I will provide each agency with the critical source
inventory and the cross-reference records needed to query inspection records, primarily dates of inspections.
This task is based on the assumption that each agency will be able to query records and provide inspection
dates. The task will need to be revised if inspection records can only be obtained by conducting a file review
of each individual facility.
Documented dates of inspections and the agency that completed the inspection gathered from the records
review will be added to the City's existing critical source inventory. A Technical Memorandum (TM) will
be developed to demonstrate that the inspections are meeting the requirements of the Permit. This task is
developed with the assumption that local agency inspections and inspection frequencies will meet
compliance with the Permit and no additional inspections will need to be conducted by the City. In the
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STONE
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environiflen tal
.consulting
• Public parking lots;
• Public golf courses;
• Public swimming pools;
• Public parks;
• Public works yards;
• Public marinas;
• Recycling facilities; and
• Solid waste management facilities.
Colleen Hunt, CPMSM
Professional Consultant
P.O. Box 1231
Windsor, CA 95492
707-318-9415
colleen@consultingstonecreek.com
The first part of the task will be to identify all public facilities subject to these requirements. Once all
facilities are identified, I propose to prepare a single FPPP that includes stormwater management practices
for the facilities identified as having potential sources of stormwater pollution. As required by the Permit,
the FPPP will include the following elements:
• Facility information, including the name of the facility, address, and supervisor
contact information;
• Types of stormwater pollutant generating activities, including non-stormwater
discharges;
• A site map showing the location of each pollutant generating activity and pollutant
source areas;
• Staff roles and responsibilities related to stormwater pollution prevention and water
quality protection;
• BMPs to address each type of pollutant generating activity and source areas;
• Spill prevention and response; and
• An inspection checklist.
The facility and pollutant generating activities information will be collected and identified in the
FPPP. BMPs will be identified and developed according to section G.3. of the Permit, which
requires the City to implement specific BMPs based on pollutants generating activities (Table 9
of the Permit: BMPs for Public Agency Facility and Activity Management). Based on the
identified pollutant generating activities at each public facility, the FPPP will identify the
associated BMPs needed for implementation. All other elements of the FPPP will be developed
accordingly and will include a map of each facility. The Scope of Work assumes a site visit of
each facility will be needed in order to identify specific pollutant generating activities. The FPPP
does not. need to be submitted to the Regional Water Board, but should remain on record to
demonstrate compliance with the requirements.
Task 3 Municipal Staff Training
Permit Section G.12. requires the City to annually train staff whose interactions, job, and activities may
affect stormwater quality. As part of this task I will provide one, two-hour training covering topics such as
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STONE
CREEK
• environmental
consulting
Colleen Hunt, CPMSM
Professional Consultant
P.O. Box 1231
Windsor, CA 95492
707-318-9415
colleen@consultingstonecreek.com
knowledge, land use map review and other available resources. Upon completion of the research,
I will compose a summary of findings, including a list of potential sources.
Upon completion of the Phase I investigation, a proposed Phase II Sediment Source Field
Investigation Plan will be prepared for the City's review and submitted to the Regional Water
Board. This plan will include a proposal for conducting baseline water quality monitoring. In order
to develop the monitoring program, this task will also include monitoring reconnaissance to
appropriately and effectively develop a feasible monitoring plan.
Task 4.3 Phase 11 Sediment Source Field Investigation
The Phase II Scope of Work will be dependent on the findings of Phase I. However, this Scope of
Work has a general approach based on the anticipated components of Phase II. Once the Phase I
investigation has identified the likely sources of sedimentation, sources will be prioritized and
further investigated. The Scope of Work will include field reconnaissance of source areas to verify
sources. Field reconnaissance will also take place at select receiving water locations to investigate
evidence of storm drain related sediment discharges.
Phase II will also consist of baseline water quality monitoring, focusing on a turbidity assessment.
The specific scope will be developed as part of Phase I, but we anticipate sampling up to four
locations during one storm event. The focus will be to sample the discharge of storm water at
various sediment sources. The sampling plan will also include surface water sampling to gain a
baseline of the level of sediment in receiving water.
Upon completion of the Phase II investigation, a summary report will be developed which will
include the findings of the investigation, a summary of monitoring data and inform next steps. the
next scope of work. A proposed Sediment Source BMP Plan will be prepared for the City's review
and submitted to the Regional Water Board at the conclusion of Phase II. This plan will include a
proposal for effectiveness monitoring.
Task 5 Annual Reporting
The Annual Report for the 2019/2020 reporting period is due October 15, 2020. At the beginning of the
new Permit term, the Regional Water Board developed an annual report template for Permittee use. The
template provides a streamlined method for annual reporting. I will assist the City with populating the
template and gathering information needed for reporting. The City will be responsible for completing the
report with information not readily available and submitting the final report to the Regional Water Board.
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www.consultingstonecreek.com
STONE
CREEK
environmental
consulting
Colleen Hunt, CPMSM
Professional Consultant
P.O. Box 1231
Windsor, CA 95492
707-318-9415
colleen@consultingstonecreek.com
A trash generation rate will be assigned to the area being assessed using the following scale:
Low Trash: 0-5 gallons/acre/year. Effectively no trash can be observed on a city block or the
equivalent. There may be some small pieces in the area, but they are not obvious at first glance
and one individual could quickly pick them up. A low trash generation level is the goal of a
stormwater trash control program and is considered equivalent to the performance of a full
trash capture system.
Moderate: 5-10 gallons/acre/year. Predominantly free of trash except for a few pieces that are
easily observed along a city block or the equivalent. The trash could be collected by one or two
individuals in a short period of time.
High: 10-50 gallons/acre/year. Trash is widely/evenly distributed and/or small accumulations are
visible on the street, sidewalks, or inlets. It would take a more organized effort to remove the
litter.
Very High: 50-150 gallons/acre/year. Trash is continuously seen throughout the area, with large
piles and a strong impression of lack of concern for litter in that area. There is often significant
litter even along gutters that are swept.
The appropriate trash generation level will be recorded in a field book and a picture will be taken of each city
block within the assessment area to document the condition at the time of the assessment.
Task 6.2 Prepare Baseline Trash Generation Map
Upon completion of two OVTAs, a Baseline Trash Generation Map will be prepared illustrating the findings of
both assessments. Maps will be color -coded based on the trash levels observed:. Green=Low, Yellow=Moderate,
Red=High, and Purple=Very High. Upon completion of the map, I will meet with the City to discuss the findings
and provide recommendations for the next steps.
Sim
Trash
loading
seam osiZIU.
Baseline
Trash
@eneration
igustrating
findings
Task 6.3 Develop Track 2 Compliance Approach
The Trash Amendments define full capture system equivalency (FCSE) as the trash load that would be
reduced if FCS were installed, operated, and maintained for all storm drains that capture runoff from PLUs.
Track 2 compliance is achieved with the implementation of any combination of FCS installations, multi -
benefit projects, other treatment controls, and institutional controls.
In planning for Track 2 compliance with FCSE, I will evaluate the City's current institutional controls and
practices. Institutional controls are non-structural BMPs that may include street sweeping, sidewalk trash
bins, collection of trash, anti -litter educational and outreach programs, producer take -back programs for
packaging, product bans, and ordinances. Current trash control BMPs will be included in the TIP as part of
the methodology for achieving FCSE.
www.consultingstonecreek.com
STONE
CREEK
environinenlal
Cnsultmg
Colleen Hunt, CPMSM
Professional Consultant
P.O. Box 1231
Windsor, CA 95492
707-318-9415
colleen@consultingstonecreek.com
As part of the TIP, an implementation schedule will be developed that will lead to the completion of the
plan within ten years. The schedule will be consistent with the requirement to reduce the trash loading rate
of 10 percent per year, over a 10 -year time frame.
The TIP will also include the jurisdictional map, as described in Task 6.4.
ask
Task 7 Program Management
This task will include general project management tasks needed to properly and effectively manage the
contract. Tasks will include a project schedule, managing budget, monthly invoicing and routine
communications with SSU, including in person meetings to report progress and discuss key
recommendations and decisions.
Fee Estimate and Level of Effort
The Scope of Work will be conducted as described above for an estimated not -to -exceed budget of $39,600.
The estimated fee and associated level of effort are summarized below.
Task
Level of Effort,
hours
Estimated Fee, $
Task 1. Critical Source Program
18
3,000
Task 2. Facility Pollution Prevention
Plan
36
5,550
Task 3. Municipal Staff Training
10
1,650
Task 4. Sediment Reduction Plan
72
12,000
Task 5. Annual Report
10
1,650
Task 6. Trash Implementation Plan
84
13,500
Task 7. Project Management
14
2,250
Total
244
39,600
Billing rates for the estimate are provide below. Rates will be valid for the duration of the contract:
Technical Professional Services
GIS/Mapping
Administrative Assistance/Travel
Quality Assurance Review
Mileage
$165 per hour
$175 per hour
$75 per hour
$185 per hour
Standard Federal Rate
Any services not included in this Scope of Work will be performed only after receiving written authorization
and a corresponding budget augmentation from the City.
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i
2021-104 Stone Creek
Final Audit Report
2020-09-15
Created: 2020-09-15
By: Kristine Lawler (klawler@cityofukiah.com)
Status: Signed
Transaction ID: CBJCHBCAABAAAFHMhg2VEDSIo60_CP2Dkw3fJrvuCE_0
"2021-104 Stone Creek" History
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