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HomeMy WebLinkAboutStone Creek Environmental Consulting 2022-08-09 COU No. 2223-088 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this 9th day of Au ust, 2022 ("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 storm water support services, 2022/2023 Fiscal Year. 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 "1", 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 "1 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "1". 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 by 6/30/2023. 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 $ 33,000. 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 1, PAGE I OF 7 COU No. 2223-088 which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment 1. Consultant shall complete the Scope of Work for the not-to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "1" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. PAGE 2 OF 7 COU No. 2223-088 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. PAGE 3 OF 7 COU No. 2223-088 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. PAGE 4 OF 7 COU No. 2223-088 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from one year from date of final approved invoice for this project. 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. PAGE 5 OF 7 COU No. 2223-088 "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "'I". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services PAGE 6 OF 7 COU No. 2223-088 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 STONECREEK ENV CONSULTING DEPT. OF PUBLIC WORKS ATTN: COLLEEN HUNT 300 SEMINARY AVENUE 416 AVIATION BLVD, SUITE H UKIAH, CALIFORNIA 95482-5400 SANTA ROSA, CALIFORNIA 95403 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: August 9, 2022 Date PRINT NAME: Colleen Hunt 85-1380973 IRS IDN Number CITY OF UKIAH BY: 55 Aug 23, 2022 SAGE SANGIACOMO Date CITY MANAGER ATTEST 42---� Z1:5-7e� Aug 23, 2022 Kristine Lawler(Aug 23,2022 13:10 PDT) KRISTINE LAWLER CITY CLERK Date PAGE 7 OF 7 ATTACHMENT 1 STONE Stone Creek Environmental Consulting CREEK 416 Aviation Blvd, Suite H Santa Rosa, CA 95403 cr r% colleen(ei consultingstonecreek.com c'011stih llig - 707-318-9415 April 30, 2022 Mr. Tim Eriksen City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Subject: Proposal for Storm Water Support Services, 2022:`2023 Fiscal Year Dear Mr. Eriksen: Stone Creek Environmental Consulting (Stone Creek) is pleased to present this proposal and fee estimate to provide stormwater support services to the City of Ukiah (City). Colleen Hunt, owner, is a Certified Professional in Municipal Stormwater Management and brings direct regulatory compliance experience with municipal stormwater permit requirements. She has worked directly with dozens of municipal stormwater Permittees during her time with the Regional Water Board and for the past four years as a consultant. Colleen has been providing stormwater assistance to the City since 2020. The City is subject to requirements of the Regional Water Board's Waste Discharge Requirements Order No. R1-2015-0030,National Pollutant Discharge Elimination System (NPDES) Permit No. CA0025054 for Discharges from the Municipal Separate Storm Sewer System (MS4) (Permit). The Permit became effective January 6, 2016 and expired on January 5, 2021. The Permit is administratively extended until the Regional Water Board renews the Permit. Until a new Permit is adopted, the City must continue implementing the requirements of the expired Permit. Tasks in this proposal include assisting the City with the ongoing requirements of the expired Permit and program management elements as outlined here: • Sediment Reduction Plan Implementation • Inspections • Inter Department Coordination • Municipal Staff Training • Annual Reporting • Program Management 1 www.consultingstonecreek.com STONE Stone Creek Environmental Consulting CREEK 416 Aviation Blvd, Suite H Santa Rosa, CA 95403 111'l3(fllltll'i�� �l colleen::u_-consultingstonecreek.com ('01]til lil 707-318-9415 Scope of Work Task 1. Sediment Reduction Plan Implementation Section I of the Permit requires the City to develop and implement a Sediment Reduction Plan to assess effectiveness of Best Management Practices (BMPs) used to control sediment in stormwater runoff. The City developed a workplan for this requirement that was approved by the Regional Water Board. The workplan divided the scope of work into four phases: • Phase I Source Investigation Research • Phase II Sediment Source Field Investigation • Phase III Sediment Source BMP Plan • Phase IV Progress Reporting The City has completed Phases I and II and is in the process of implementing Phase III. The City will also have to submit a progress report with the 2021;2022 Annual Report(Phase IV). This task is to assist the City with the continued implementation of Phase Ill and drafting the progress report. Requirements for Phase III includes implementing BMPs identified in Phase II to control significant sediment sources and studying the effectiveness of both new and existing BMPs. Tasks identified in the Phase III workplan for the 2022'2023 fiscal year include drafting a workplan to complete outfall inspections and assessments to better understand the implications of sediment from aging infrastructure. The workplan will be developed to define the scope of work, inspection methodology and assessment criteria. Stone Creek will provide a draft workplan within 90 days of the executed contract. The final workplan will need to be submitted to the Regional Water Board for review and approval. This task will also include conducting the ongoing effectiveness assessment of BMPs used to control the discharge of sediment in stormwater runoff. This effort will continue using the 2NFORM platform to track effectiveness by calculating the water quality benefit associated with sediment load reduction. As part of this task, Stone Creek will populate the platform with new BMPs and manage the platform. This includes entering BMPs used to control sediment discharges into the platform, maintaining information, and running load reduction calculations for reporting purposes. Utilizing the data generated in the platform, Stone Creek will also develop the effectiveness assessment report for the sediment reduction plan due to the Regional Water Board by October 15, 2023. The fee estimate includes the annual user fee to use the platform for one year. Based on our experience, this methodology is the most cost-effective approach, even with the need to pay a user fee. The user fee includes the ability to incorporate other program areas into the platform, including tracking Low Impact Development (LID) inspections, storm drain maintenance needs, construction site inspections, industrial and commercial inspections and trash plan management. 2 www.consultingstonecreek.com STONE Stone Creek Environmental Consulting CREEK 416 Aviation Blvd, Suite H Santa Rosa, CA 95403 c11%,11,e 1a11clital colleen;�o-consultingstonecreek.com c o I l S t Ili IMF 1 ; 707-318-9415 as c tvc.ra ' cs: €:f'1-Cct1vunL:ss Assussmunt Roport. Luad rL-.duction report for the # 22.120�3 Task 2. Inspections The City of Ukiah is required to conduct several stormwater inspections throughout the year including: • Active construction sites monthly between September and April • Low Impact Development installation inspections • Low Impact Development maintenance inspections once every two years • Industrial and Commercial critical source facility inspections twice a permit term. This task is reserved for assisting the City with conducting inspections as needed. As directed by the City, Stone Creek will conduct the requested inspection, keep a digital inspection record, convey deficiencies to responsible parties, coordinate enforcement actions with City staff, and conduct follow up inspections as warranted. This task assumes up to 80 hours during the fiscal year for assistance with inspections. t rab : 1 ti o 3 www.consultingstonecreekcom s,jam O N E Stone Creek Environmental Consulting CREEK 416 Aviation Blvd, Suite H Santa Rosa, CA 95403 colleen 4consultin stoncereek.com C O I is t I I(I l l f; 707-3 l 8-9415 Task 3. Inter Department Coordination 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 I indicates the agencies that have responsibilities to inspect critical source facilities within the City: Table 1. Critical Source Facilities Inspection 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 None Retailers Additionally, the Permit requires general coordination with all departments with responsibilities for conducting stormwater inspections, including annual meetings. Under this task, Stone Creek will assist the City with coordinating with applicable departments, set up an annual meeting, and confirm the inspection requirements for critical sources has been met. Task 4. Municipal Staff Training Section G.12. of the Permit requires the City to annually train staff whose interactions,jobs, and activities may affect stormwater quality. We will provide training on stormwater topics selected by the City. This may include illicit discharge, non-stormwater discharges, municipal activities BMP requirements, and/or integrated pest management. Training will be provided as a pre- recorded video or in person as conditions allow. Task 4. Dr.livc.rable: Sto�rnwaier tmining, including preparaiion of r PowcrPoint pre.scntatii��tt training matcriats, and training documentation records. 4 www.consultingstonecreek.com STONE Stone Creek Environmental Consulting CREEK 416 Aviation Blvd, Suite H Santa Rosa, CA 95403 ��rirui�uicnt �I coIleenirr:-con sultinstonecreek.com t'ctiltill�llll�; Y 707-318-9415 Task 5. Annual Report The Annual Report for the 2021 2022 reporting period is due October 15, 2022. 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. We will assist the City with populating the template and gathering information needed for reporting. The City will need to complete sections of the report with data that is not readily available to us to adequately complete the report. The City will be responsible for submitting the final report to the Regional Water Board. as U-Mme2nom Task 6. Program Management This task will include general project management tasks needed to manage the contract properly and effectively. Tasks will include a project schedule, managing budget, monthly invoicing, and routine communications with the City, 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$33,000. The estimated fee and associated level of effort are summarized below. Task Level of Effort, Estimated Fee, $ hours Task 1. Sediment Reduction Plan 25 9,750 Task 2. Inspections 80 14,800 Task 3. Inter Department Coordination 10 1,850 Task 4. Municipal Staff Training 12 2,200 Task 5. Annual Report 12 2,200 Task 6. Project Management 12 2,200 Total 151 33,000 5 www.consultingstonecreek.com STONE Stone Creek Environmental Consulting CREEK 416 Aviation Blvd, Suite H Santa Rosa, CA 95403 ri n in�nn�ci Et:kl colleen{a consultingstonecreek.com c'O I l ti l l l I l� 707-318-9415 Billing rates for the estimate are provided below. Rates will be valid for the duration of the contract: Technical Professional Services I $165 per hour Technical Professional Services II $185 per hour GIS.Mapping $175 per hour Intern Assistance $85 per hour Administrative Assistance.,-'Travel $75 per hour Quality Assurance Review $205 per hour Direct Costs Cost- 10% Mileage 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. I am looking forward to working with you on this important work. Please feel free to contact me at 707-318-9415 or colleen;u;consultingstonecreek com if you have any questions or would like to discuss this proposal further. Sincerely, ciy��Ak Colleen Hunt, CPMSM #343 Professional Consultant 6 www.consultingstonecreek.com