TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 281.33, in a form approved by the City Attorney, with Hartzog & Crabill, Inc. (HCI), for retainer City and Traffic Engineer services; grading plan check services; stormwater compliance consultant services; and on-call civil and traffic engineering, design, surveying, and art concept services.
DATE: December 12, 2022
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Agreement File No. 281.33 with Hartzog & Crabill, Inc. (HCI) for retainer City and Traffic Engineer services; grading plan check services; stormwater compliance consultant services; and on-call civil and traffic engineering, design, surveying, and art concept services. The specific services to be provided by HCI will be defined in individual Task Orders, which will contain the scope of work, payment for services to be provided, and a schedule for completion of the specific services. The Agreement will be for a three-year term.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 281.33, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City and Traffic Engineer retainer fee will remain at $12,740 per month for a total annual amount of $152,880. The City Manager will have authority to approve individual Task Orders with HCI up to an amount of $60,000. Task Orders with HCI of an amount greater than $60,000 will need City Council approval. Nonproject-specific engineering services, including the monthly retainer fee, will be paid out of Account No. 010-42054-3000; grading plan check services will be paid out of Account No. 600-42054-4120; stormwater consultant services will be paid out of Account No. 010-42054-3105; Safe, Clean Water Program (Measure W) related services will be paid out of Account No. 320-42054-6020; and project-specific services will be paid out of the respective capital project accounts.
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Staff Report – Agreement File No. 281.33
Hartzog & Crabill, Inc.
December 12, 2022
DISCUSSION
Since 2001, the City has entered into over 30 separate agreements with HCI for various professional services. Currently, the City has four separate agreements with HCI for retainer City and Traffic Engineer services; grading plan check services; stormwater compliance consultant services; and on-call civil and traffic engineering, design, surveying, and art concept services. Rather than continuing with four separate agreements with HCI, the attached “Master Agreement” would allow for all of the services provided by HCI to be administered under one agreement. Since June 2005, HCI has charged a monthly fee of $12,740 for its retainer City and Traffic Engineer services. HCI is proposing to continue this same monthly fee in the new agreement.
In addition to the retainer City and Traffic Engineer, grading plan check, and stormwater consultant services, HCI would continue to provide on-call civil and traffic engineering, design, surveying, and art concept services through individual Task Orders. If on-call services from HCI are requested by Public Works, HCI would then provide a proposal for the requested services for Public Works staff’s review. If Public Works agrees with the proposal, then a Task Order would be generated to define the scope of services and specify the payment for services to be provided. The Task Order would then be executed by the City, at which point HCI would be able to proceed with the specific on-call services.
The Master Agreement would also incorporate project-specific civil and/or traffic engineering services previously approved under Agreement File No. 281.32, which would be superseded by the Master Agreement. The Master Agreement would streamline the process for professional engineering services provided by HCI, which would allow Public Works to complete projects or deliver services in a more timely and efficient manner.
ATTACHMENT
Agreement File No. 281.33 ............................................................................................. 3
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AGREEMENT FILE NO. 281.33
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF BELLFLOWER AND
HARTZOG & CRABILL, INC.
FOR RETAINER CITY AND TRAFFIC ENGINEER SERVICES; GRADING PLAN CHECK SERVICES; STORMWATER COMPLIANCE CONSULTANT SERVICES;
AND ON-CALL CIVIL AND TRAFFIC ENGINEERING, DESIGN, SURVEYING, AND
ART CONCEPT SERVICES
THIS AGREEMENT is entered into this 12th day of December 2022, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”) and HARTZOG & CRABILL, INC, a California Corporation (“CONSULTANT”).
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $242,880 for CONSULTANT’s retainer city and traffic engineer services, grading plan check services, and stormwater compliance consultant services; and not to exceed sum(s) as set forth in duly executed Task Order(s) for CONSULTANT’s on-call services. CITY will pay this sum(s) on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit “B,” which is incorporated herein.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform general engineering services listed in the attached Exhibit “A” which is incorporated by reference.
B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved Task Order will become a part of this Agreement. The standard form for the Task Order is set forth in Exhibit C.
C. Consulting services required by CITY will be provided on an as-needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.
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D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have 15 days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
4. PAYMENTS.
A. For CITY to pay CONSULTANT as specified by this Agreement and as set forth in each approved Task Order, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “B”), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task.
B. For services involving the preparation of plans and specifications, payment to CONSULTANT, as provided herein, will not exceed ninety percent (90%) of the total amount for the specific Task Order before completing the plans and specifications. The final 10% will be paid within 45 days after CITY accepts the plans and specifications, as determined by the City Manager.
C. Except as otherwise authorized by CITY’s City Council, the maximum not-to-exceed amount for any individual Task Order will be limited to $60,000.
D. CITY’s City Manager may make payments up to $60,000 for special items of work not included in the project scope of work and services as set forth in the Task Order. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement. -4-
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E. CITY will not reimburse CONSULTANT for the following: staff time or overtime for performing secretarial, clerical, or word processing functions; charges for time spent to provide necessary information for CITY audits, billing or budget inquiries; and computer online charges.
F. CITY will reimburse CONSULTANT for actual and necessary ordinary out-of-pocket expenses reasonably incurred by CONSULTANT in performance of the service provided by CONSULTANT. Such reimbursement will be at cost, i.e., without mark-up. Examples are as follows: deposition fees; postage; messenger/process service; and document reproduction.
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY’s City Manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $25,000 for Additional Work must be approved by CITY’s City Council. All Additional Work will be subject to all other terms and provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
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B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from November 1, 2022 to October 31, 2025October 31, 2025. The Manager, at CITY’s option, may extend the term twice for not more than a total of five years. Unless otherwise determined by written amendment between the parties, this Agreement will terminate at the end of the Term or as set forth in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within 48 hours, in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit A: Scope of Services;
B. Exhibit B: Schedule of Hourly Rates; and
C. Exhibit C: Task Order.
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12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least 30 days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT’s own cost; CITY will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
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E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY’s property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION. This Agreement contemplates that CONSULTANT will act both as a design professional (as defined by Civil Code § 2782.8) and for other management services. Accordingly, CONSULTANT agrees to provide indemnification as follows:
A. For design professional services (per Civil Code § 2782.8):
i. CONSULTANT must save harmless, indemnify and defend CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, or
representatives.
B. For all other services:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
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ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
C. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
D. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
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23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
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F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self- insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the CITY Attorney and the Finance Director.
CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Gerald J. Stock, Vice President Attention: Len Gorecki, Director of Public Works
17852 E. 17th Street, Suite 101 16600 Civic Center Drive Tustin, CA 92780 Bellflower, CA 90706
(714) 731-9455 (562) 804-1424, ext. 2217
[email protected] [email protected]
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Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
27. ☒ This Section applies only if box is checked. POLITICAL REFORM ACT.
CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year.
CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Code of Regulations, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, 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 CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
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32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are three Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.
36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
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40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER HARTZOG & CRABILL, INC.
_________________________________ ____________________________ Jeffrey L. Stewart, City Manager Gerald J. Stock, Vice President
ATTEST:
_________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
Taxpayer ID No. 33-0575354
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EXHIBIT A – SCOPE OF SERVICES
A. Retainer City And Traffic Engineer Services. CONSULTANT will provide the following services based on a monthly retainer fee:
1. Professional determinations regarding traffic engineering and public works/city engineering services.
2. Counter service including technical assistance to CITY’s Planning Department.
3. Attend meetings of the City Council, Public Safety Commission, and Planning Commission with CITY staff, public officials, community leaders, developers, contractors, and the general public as directed by CITY.
5. Recommend ordinances, policies, or regulations pertaining to related matters as directed by CITY.
6. Provide general engineering consultation in connection with technical issues as traffic congestion, street sign programs, street vacations, and other public works or traffic engineering related issues.
8. Establish working relationships and coordination with other public agencies, county departments, and private utilities involving engineering matters affecting CITY.
9. Represent CITY at monthly meetings such as Gateway Cities COG Public Works Officers and MTA as directed by CITY.
10. Determine when traffic impact analyses are required and review said analyses and related environmental documents and safety evaluations including accident reviews for entire CITY.
11. Provide city and traffic engineering review of conditional use permits, tentative/final tract maps, parcel maps and lot line adjustments described below.
12. Review traffic aspects of environmental impact reports.
13. Review street improvement plans.
14. Perform map checking reviews.
15. Develop, as directed, procedures, forms, and processes relative to the review of submitted developed plans.
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Exhibit A – Scope of Services
16. Develop a prioritized list of traffic improvement recommendations based on specific needs and establish warrants.
17. Maintain regular coordination with CITY’s Director of Public Works and Public Works Manager, and other appropriate staff members on all CITY and traffic- related items.
B. Grading Plan Check Services. CONSULTANT will provide the following professional plan check services:
1. Precise Grading Plan Review
2. Rough Grading Plan Review
3. Utility Plan Review
4. Storm Water Quality Review
CONSULTANT will review grading plans associated with CITY’s Building and Safety plan check review for building and grading permitting. Grading plan check reviews by CONSULTANT will be in accordance to and in compliance with the most recently adopted version of the California Building Codes and CITY’s most recent municipal codes. Review comments for each plan checked project will be placed on standard form submitted to CITY for release to a project applicant. Recommendations for final grading approval will be provided by CONSULTANT to CITY via “Letter of Recommendation for Grading Plan Check Approval” after the documents submitted by the project applicant meets the governing code requirements and industrial standards. CONSULTANT will provide submittal requirements, sheet requirements, design specifications, and conditions of approval requirements. CONSULTANT will provide a 10-day standard turnaround time for first plan check and a 5-day turnaround for subsequent plan checks, unless a special request is initiated by CITY, or by CONSULTANT and approved by CITY, prior to the plan check review.
C. Stormwater Compliance Consultant Services. CITY is subject to various stormwater requirements contained in the Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit and State General Construction and General Industrial Activity Permits (CGP and IGP) issued by the Los Angeles Regional Quality Control Board (RWQCB) and the State Water Resources Control Board (SWRCB), respectively. CITY is also subject to the conditions contained in the Los Cerritos Channel (LCC) and Lower San Gabriel River (LSGR) Watershed Management Programs (WMPs) and Coordinated Integrated Monitoring Programs (CIMPs); and the conditions contained in the Safe, Clean Water Program (Measure W). CONSULTANT will provide the following stormwater compliance consultant services to maintain compliance with the requirements and/or conditions -16-
Agreement File No. 281.33
Exhibit A – Scope of Services
contained in the MS4 NPDES Permit, CGP, IGP, LCC and LSGR WMPs and CIMPs, and Measure W:
1. Minimum Control Measure Compliance.
A. Industrial/Commercial Facilities Program
CONSULTANT will perform the following:
Track Critical Industrial/Commercial Sources
Review CITY databases to determine inventory of industrial/commercial facilities
Track facilities in a watershed-based inventory using an electronic database Track inspection reports and enforcement actions with an electronic database Educate Industrial/Commercial Sources
Notify facility operators of applicable Best Management Practice (BMP) requirements
Develop and implement a Business Assistance Program
Develop educational materials to be distributed to facilities Inspect Critical Industrial/Commercial Sources
Inspect State NPDES Permitted industrial facilities for proper BMP implementation
Inspect commercial/light industrial facilities for proper BMP implementation Inspect eating establishments and nurseries for proper BMP implementation Ensure Compliance (Implement Progressive Enforcement)
Follow-up at non-compliant facilities within 4 weeks
Prepare formal violation notices following CITY's municipal code Manage Program, Implement QA/QC Procedures
Train CITY staff
CONSULTANT will keep track and inform CITY of when the required Industrial/Commercial Facilities Control Program inspections will need to be conducted in order to remain in compliance with the MS4 NPDES Permit and LCC and LSGR WMPs. CONSULTANT will perform the industrial/commercial facility stormwater inspections with the following minimum program elements: (1) tracking, (2) education, (3) inspection; and (4) ensuring compliance with municipal ordinances at industrial and commercial facilities that are critical sources of pollutants in stormwater.
CITY will issue CONSULTANT a separate Task Order for each round of industrial/commercial facility stormwater inspections.
CONSULTANT’s industrial/commercial facility stormwater inspections will include the following components:
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Agreement File No. 281.33
Exhibit A – Scope of Services
1. Information Gathering
CONSULTANT will gather the following information during the inspection of each industrial and commercial facility to assist CITY in updating its watershed-based inventory as required by the RWQCB:
(1) Name of facility
(2) Name of owner/operator and contact information
(3) Address of facility (physical and mailing
(4) North American Industry Classification System (NAICS) code (5) Standard Industrial Classification (SIC) code
(6) A narrative description of the activities performed and/or principal products produced
(7) Status of exposure of materials to storm water
(8) Name of receiving water
(9) Identification of whether the facility is tributary to a CWA § 303(d) listed water body segment or water body segment SUBJECT to a TMDL, where the facility generates pollutants for which the water body segment is impaired. (10) Identify if the facility has an Industrial General Permit (11) Identify if a No Exposure Certification has been files with the State Water Board.
2. Inspections
CONSULTANT will list the number of industrial/commercial facilities subject to a stormwater inspection based on CITY’s most recent business license inventory of industrial/commercial facilities with a SW1, SW2, or SW3 designation. CONSULTANT will ensure industrial/commercial facility stormwater inspections are conducted by qualified stormwater inspectors are required by the MS4 NPDES Permit.
3. Education
CONSULTANT will notify the owner/operator of each of its inventoried commercial and industrial sites of the BMP requirements applicable to the site/source.
CONSULTANT’s inspector will provide the owner with the required BMP information on a City approved handout. More specifically, CONSULTANT’s inspector will distribute stormwater pollution prevention educational materials to operators of auto facilities; restaurants; industrial facilities and mobile business where applicable. This will also meet the requirement of the City to implement a Business Assistance Program to provide technical information to businesses to facilitate their efforts to reduce the discharge of pollutants in stormwater.
4. Schedule
CONSULTANT will provide a schedule for the completion of the required -18-
Agreement File No. 281.33
Exhibit A – Scope of Services
industrial/commercial facility stormwater inspections, including any required reinspection due to violations. CONSULTANT provide CITY with inspection records and enter the inspection information into CITY’s MS4 Front Database.
CITY will provide the username and password for access to the system. For facilities with violations, a reinspection will be completed within 4 weeks of the initial inspection. A notice of compliance/violation will be forwarded to the owner within one week of the inspection notifying them of the violation and informing them of the reinspection.
5. Scope of Industrial/Commercial Facilities Stormwater Inspections
The default priority for a facility is “Medium.” CONSULTANT will be reprioritized facilities as necessary following the results of routine inspections. CITY may also use any readily available information that clarifies potential water quality impacts (e.g., satellite imagery) in order to prioritize a facility before the scheduled inspection. Reprioritization will be conducted during the following round of inspections. During reprioritization, the ratio of low priority to high priority facilities will remain at 3:1 or lower per the requirements of the LCC and LSGR WMPs.
Per the LCC and LSGR WMPs, CITY will inspect high priority facilities annually, medium priority facilities once every 2.5 years, and low priority facilities once every five years. The frequencies may be altered by the exclusions defined in the LCC and LSGR WMPs. CONSULTANT’s inspector will inspect all industrial/commercial facilities to confirm that stormwater and non-stormwater BMPs are being effectively implemented in compliance with CITY’s municipal code, MS4 Permit, and LCC and LSGR WMPs. At each facility, CONSULTANT’s inspectors will verify the operator is implementing effective source control BMPs for each corresponding activity.
After the initial inspection, all industrial facilities that have not filed a “No Exposure Certification” with the SWRCB or RWQCB are subject to a second mandatory compliance inspection at a minimum of 25% of the facilities to verify the continuity of the no exposure status. CONSULTANT will perform these second mandatory inspections.
6. Additional Industrial Facility Inspection Requirements
CONSULTANT’s inspector will confirm that each industrial facility:
A. Has a current Waste Discharge Identification (WDID) number for coverage under the Industrial General Permit, and that a Storm Water Pollution Prevention Plan (SWPPP) is available onsite; or, has applied for, and has received a current No Exposure Certification for facilities subject to this requirement; and
B. Is effectively implementing BMPs in compliance with CITY’s municipal code, MS4 NPDES Permit, or LCC and LSGR WMPs. CONSULTANT will ensure -19-
Agreement File No. 281.33
Exhibit A – Scope of Services
these industrial facilities are implementing required source control BMPs, unless the pollutant generating activity does not occur.
CONSULTANT will also inform the RWQCB and/or SWRCB, within 2 weeks after conducting the inspections, of any industrial facilities subject to coverage under the IGP that do not have evidence of coverage through a current WDID number or a No Exposure Certification.
B. Planning and Land Development Program
CONSULTANT will perform the following:
Program Implementation
Ensure CITY has prepared and adopted LID ordinance
Review LID plans (SUSMPs)
Track projects and BMPs in an electronic database
Track all inspection reports and enforcement actions
Conduct BMP verification inspections
Notify existing SUSMP sites of maintenance requirements Conduct BMP maintenance inspections
Conduct follow-up activities at non-compliant projects
Manage Program, Implement QA/QC Procedures
Train CITY staff
C. Development Construction Program
CONSULTANT will perform the following:
Sites less than one acre: Review erosion control plans and track, inspect, and conduct follow-ups
Inventory Construction sites (~1 acre)
Update monthly the inventory of >l acre construction sites Track site inventory, inspections, and enforcement actions using an electronic database
Review and Approval Construction SWPPPs prior to issuing land disturbance permits
Inspect >acre Construction Sites monthly for proper BMP implementation Ensure Compliance (Implement Progressive Enforcement)
Follow-up at non-compliant facilities within 4 weeks
Prepare formal violation notices following CITY's municipal code Train CITY staff
Train plan reviewers and permitting staff in BMP standards and SWPPP requirements
Train construction site inspection staff in BMP standards and SWPPP requirements -20-
Agreement File No. 281.33
Exhibit A – Scope of Services
Manage Program, Implement QA/QC Procedures
Training sessions will be conducted at a time set by CITY. Training topics will include the key components of the QSP and QSD Programs. Updated and revised training documentation will be available for distribution. Turn-around time for SWPPP review is two weeks. Inspections at State-permitted construction sites will be conducted once a month. Inspections at sites disturbing less than one acre-an enhanced control measure that exceeds minimum requirements-will also be inspected once a month.
Enforcement actions, when necessary, will be issued within one week. Follow-ups will be conducted within the timeframe provided in the enforcement action.
D. Public Agency Activities Program
CONSULTANT will perform the following:
Public Construction Activities (addressed by Development Construction Program) Inventory Public Facilities for 24 categories of public facilities, including pollutants sources
Inventory Existing Development Retrofit Opportunities
Identify and rank candidate retrofit areas using watershed model/screening tools Public Agency Facility and Activity Management
Develop language to require contractors to implement BMPs Landscape, Park. and Recreational Facilities Management Develop Integrated Pest Management Policy
Storm Drain Operation and Maintenance
Prioritize catch basins
Assist with installation of trash capture devices in high priority areas Municipal Employee and contractor Training
Train staff in targeted positions of requirements of Public Agency Activities Program Manage Program, Implement QA/QC Procedures
E. Illicit Discharge Detection and Elimination Program
CONSULTANT will perform the following:
Ensure illicit discharges are investigated and eliminated Develop written procedures for illicit discharge investigation and elimination Investigate illicit discharge complaints and prepare investigation reports Conduct follow-up investigation to verify elimination of detected illicit discharges Public reporting of non-stormwater discharges and spills Develop written procedures for tracking complaints
Document complaints and investigations
Develop Spill Response Plan
Provide illicit connection and illicit discharge education and training -21-
Agreement File No. 281.33
Exhibit A – Scope of Services
Train CITY staff on illicit discharge identification, elimination, clean-up, reporting, and documentation
Manage Program, Implement QA/QC Procedures
F. Public Information and Participation Program
CONSULTANT will perform the following:
Public Participation: Assist in a CITY event to promote public involvement in pollution prevention (as needed)
Develop Residential Outreach Program
Prepare article for City media outlet
Develop educational materials to address vehicle, house, yard, animal, construction wastes
Distribute materials at points of purchase (auto parts, home improvement, pet/feed stores)
Ensure CITY stormwater website contains required educational items Ensure educational materials are provided to school children (primarily addressed by L.A. County program)
Manage Program, Implement QA/QC.
G. Watershed Management/TMDL Programs
CONSULTANT will perform the following:
Bacteria, Metals, and Toxics TMDLs: Provide as-needed assistance with program developments
Watershed Control Measures: Provide as-needed assistance with implementation efforts, such as:
Public LID retrofit projects and green streets projects Nonstructural and institutional watershed control measures Non-stormwater discharge source identification
Trash Amendments compliance
Monitoring is not within the scope of this Agreement as it is currently being provided by the LCC and LSGR watershed consultants
Adaptive Management: Provide as-needed assistance with program developments
Representation: Provided as-needed CITY representation at the LCC and LSGR Watershed Meetings
H. Monitoring and Reporting Program
CONSULTANT will perform the following:
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Agreement File No. 281.33
Exhibit A – Scope of Services
Reporting: Prepare Annual MS4 NPDES Annual Report, including MS4-related TMDL Reporting
Reporting: Prepare Semi-Annual MS4 NPDES Report, including MS4-related TMDL Reporting
Monitoring is not within the scope of this Agreement as it is currently being provided by the LCC and LSGR watershed consultants
Preparation of the Annual Report will include a first draft to meet the mid-September watershed-wide deadline as well as a final draft for City review one month prior to the annual submittal on deadline of December 15.
2. General Stormwater Compliance Consultant Assistance.
CONSULTANT will perform the following:
Represent City at relevant NPDES-related or Measure W-related meetings and update CITY staff.
Provide program updates to CITY staff and elected officials.
Provide assistance with the MS4 Permit renewal process, representing CITY interests in negotiations and communications with the L.A. Regional Water Quality Control Board, State Water Resources Control Board, or U.S. EPA.
Provide assistance with other stormwater-related tasks as requested by CITY staff Assist CITY staff with overall program management for NPDES Permit compliance (including preparation of documents for reports to the County and Regional Water Quality Control Board).
Provide inventory of CITY facilities that are a potential source of stormwater pollution.
Inventory of existing development to identify potential locations with retrofitting opportunities.
Develop BMPs for mitigation of stormwater pollution at CITY facilities.
Evaluate CITY's landscape management program to ensure protocols are in place to properly manage application and storage of pesticides and fertilizers to prevent stormwater pollution.
Assist CITY staff with public education/outreach activities, as requested by CITY.
Conduct employee training sessions for appropriate Maintenance, Engineering, Code Compliance, Building & Safety, and Planning personnel.
Conduct periodic inspection of commercial/industrial facilities (i.e. restaurants, auto related, and industrial businesses) as required by the MS4 NPDES Permit or WMPs. If violations are encountered, provide technical documentation to assist the property owner and City Code Compliance staffs to ensure corrective measures are made.
For development projects, provide plan check services and issue technical approval of Storm Water Pollution Prevention Plans and Low Impact Development Plans
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Agreement File No. 281.33
Exhibit A – Scope of Services
Inspect construction sites to ensure correct installation and operation of BMPs Post construction, conduct annual maintenance inspections to ensure correct operation of BMPs and LID Plans.
Provide assistance with implementation measures with program requirements related to bacteria, metals, toxics, and trash Total Maximum Daily Loads (TMDLs), public LID retrofit projects and green streets projects, nonstructural and institutional watershed control measures, and non-stormwater discharge source identification.
Assist CITY Staff with Safe, Clean Water (Measure W ) Program administration; including, but not limited to, preparing Measure W annual plans, quarterly reports, and annual reports.
D. On-Call Civil And Traffic Engineering, Design, Surveying, And Art Concept Services. CONSULTANT will provide the following services on an as-needed basis as determined by the Assistant City Manager/Director of Public Works, or his/her designee:
1. Land Surveying Services
2. Civil Engineering Services
3. Traffic & Traffic Analysis
4. Mural Art Work
5. Civil Engineering Design Services
Task Order(s) approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY, will define the specific tasks and obligations.
CONSULTANT will also complete project-specific civil and/or traffic engineering services previously approved under Agreement File No. 281.32, which is superseded by this Agreement.
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AGREEMENT FILE NO. 281.33
EXHIBIT B – FEE SCHEDULE
Payment to CONSULTANT for Retainer City and Traffic Engineer Services will be based on a fixed monthly rate. Payment to CONSULTANT for Grading Plan Check Services; Stormwater Compliance Consultant Services; and On-Call Civil And Traffic Engineering, Design, Surveying, and Art Concept Services will be in accordance with the hourly rates listed in Exhibit B1.
Maximum payment to CONSULTANT will be as follows:
1. Retainer City and Traffic Engineer Services ($12,740/month)…………..$152,880/year
2. Grading Plan Check Services (based on hourly rates)…………………….$30,000/year
3. Stormwater Compliance Consultant Services (based on hourly rates)…..$60,000/year
4. On-Call Civil and Traffic Engineering, Design, Surveying, and Art Concept Services (including Industrial/Commercial Facility Stormwater Inspections), will be based on the respective Task Order amount.
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AGREEMENT FILE NO. 281.33
EXHIBIT C – TASK ORDER STANDARD FORM
TASK ORDER NO. XX
______________________________________________________________________
Date Prepared:
Consultant/Contractor Name: Hartzog & Crabill, Inc
Project Name:
Account Number:
Total Cost:
Description of services to be performed under this Task Order:
Recommended/Approved by:
Len Gorecki,
Assistant City Manager/Director of Public
Works
Date
Jeffrey L. Stewart, City Manager Date
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