RESOLUTION NO. 23-57
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Three (3) Year Contract In The Amount Of $274,200 With EOA, Inc. For Services For Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit (MRP) Sections C.4 (Industrial / Commercial Site Controls Inspections), C.3.h (New Development And Redevelopment Operation And Maintenance Inspections), And C.10 (Trash Load Reduction Assessment And Reporting) For A Term Ending September 30, 2026, And Authorizing The City Manager To Execute Up To Two (2) Additional One-Year Extensions Not To Exceed $90,000 Each Year For A Total Contract Amount Not To Exceed $454,200 Contingent Upon The City Council Appropriating Funds For The Applicable Fiscal Year
WHEREAS, on May 11, 2022, under Order No. R2-2022-0018, the California Regional Water Quality Control Board, San Francisco Region (Regional Water Board), issued Municipal Regional Stormwater NPDES Permit (MRP) number CAS612008, regulating stormwater management in all Bay Area jurisdictions with separate stormwater management systems, including Emeryville; and
WHEREAS, some requirements in the MRP require staffing and/or expertise beyond the capacity of City staff, including requirements set forth in MRP Section C.3.h (New Development and Redevelopment Operation and Maintenance Inspections), Section C.4 (Industrial/Commercial Site Controls), and C.10 (Trash Load Reduction Assessment and Reporting); and
WHEREAS, bids were solicited for these services and EOA, Inc. submitted the only bid proposal, which was acceptable in scope and cost; and
WHEREAS, the advantage of continuity year over year is a benefit to the City in achieving compliance with the businesses we inspect; and
WHEREAS, EOA, Inc. performs these services thoroughly and well, and is in a unique position to convey information from the City to the Regional Water Board and vice versa; and
WHEREAS, upon satisfactory performance by the contractor, the City Manager shall be authorized to approve up to two one-year extensions of this contract at a cost not to exceed $91,400 per year for a total contract amount not to exceed $454,200 contingent upon the City Council appropriating funds for the applicable fiscal year; now, therefore be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute a contract with EOA, Inc. in the amount of $274,200 for a term ending September 30, 2026; and be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute up to two additional one-year extensions not to exceed $91,400 for DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Resolution No. 23-57
EOA, Inc. Stormwater Services
City Council Meeting | May 16, 2023
each year for a total contract amount not to exceed $454,200 contingent upon the City Council appropriating funds.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, May 16, 2023, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Welch and Council Members Kaur, Mourra and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7
C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV09/2022 | N:\City_Clerk\Public\Contracts & Agreements\Professional Services Contract THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of ____________________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and EOA, INC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City desires to engage Contractor for Stormwater Inspections, Trash Load Reduction Assessment, and Reporting; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated under this Contract; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
WHEREAS, the Contractor desires to provide such services; and, WHEREAS, the public interest will be served by this Contract; and NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. SCOPE OF SERVICES AND TERMINATION DATE
1.1 Project Description
A complete project description is set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.
1.2 Services
The services to be completed under this Contract (“Services”) are described in the Scope of Work set forth in Exhibit A. The Services shall be performed in accordance with terms, conditions, and specifications set forth herein. To the extent there is a conflict between the Scope of Work, and the terms, conditions, and specifications set forth herein, the terms, conditions, and specifications set forth herein shall govern.
1.3 Schedule and Completion Date
The Services to be provided by Contractor under this Contract shall commence on the Effective Date and terminate on SEPTEMBER 30, 2026. The Parties may, by mutual, written consent, extend the term of this Contract.
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2. WORK CHANGES
2.1 City Rights to Change
The City reserves the right to order changes in the Services to be performed under this Contract by altering, adding to or deducting from the Scope of Work. All such changes shall be incorporated in amendments executed by the Contractor and the City. Such amendments shall specify the changes ordered and any necessary adjustment of compensation and completion time.
2.2 Additional Work Changes
Any work added to the Scope of Work by an amendment shall be executed under all the applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in an amendment duly executed on behalf of the City and the Contractor.
2.3 City Manager Execution
The City Manager has authority to execute without further action of the Emeryville City Council, any number of amendments so long as their total effect does not materially alter the terms of this Contract or increase the total amount to be paid under this Contract, as set forth in Section 3.2 below.
3. COMPENSATION AND METHOD OF PAYMENT
3.1 Compensation for Services Performed
City agrees to pay the Contractor for the Services performed and costs incurred by Contractor upon certification by the City that the Services were actually performed and costs actually incurred in accordance with the Contract. Compensation for Services performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Services performed and costs incurred. The City shall pay the Contractor within forty-five (45) days after approval of the invoice by City staff.
3.2 Total Compensation Amount
The total amount paid under this Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed TWO HUNDRED
SEVENTY FOUR THOUSAND, TWO HUNDRED DOLLARS AND NO CENTS ($274,200.00), except as outlined in Section 2.3 above. The compensation for Services performed shall be as set forth in Exhibit A. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.
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4. COVENANTS OF CONTRACTOR
4.1 Assignment of Contract
The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Contract, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them.
4.2 Responsibility of Contractor and Indemnification of City To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
4.3 Independent Contractor
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring of contractors, agents or employees to complete the Services; and the payment of DocuSign Envelope ID: 37CD048A-07F0-4EB4-A6F7-1F94E94E145D DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 City of Emeryville | Professional Services Contract
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employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates and employees during the term of this Contract.
4.4 Insurance
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
4.5 Records, Reports and Audits
4.5.1 Records
A. Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later.
B. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible.
4.5.2 Reports and Information
Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Contract in the form requested by the City.
4.5.3 Audits and Inspections
At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Contract. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract.
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4.6 Conflicts of Interest
The Contractor covenants and declares that, other than this Contract, it has no holdings or interests within the City of Emeryville, nor business holdings, contracts or agreements with any official, employee or other representative of the City. For the duration of this Contract, in the event the Contractor or its principals, agents or employees acquire such a holding, interest, contract, or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Contractor will immediately notify the City of such holding, interest, contract, or agreement in writing.
4.7 Confidentiality
The Contractor agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.
4.8 Discrimination Prohibited
The Contractor covenants and agrees that in performing the Services required under this Contract, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.
4.9 Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Services contracted for under this Contract.
All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.
4.10 Key Personnel
The Project Manager is necessary for the successful prosecution of the Services due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team without the City’s approval. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Contract and shall be grounds for termination.
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4.11 Authority to Contract
The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Contract, if applicable.
4.12 Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the Services to be performed by the Contractor (“Materials”) shall be and are the property of the City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment.
4.13 City Labor Requirements
4.13.1 Compliance
At the Effective Date, compliance with the City’s living wage ordinance is required / not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing Services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.
4.13.2 Applicability
Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08 of the Emeryville Municipal Code. Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.
4.13.3 Non-Compliance
Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and DocuSign Envelope ID: 37CD048A-07F0-4EB4-A6F7-1F94E94E145D DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 City of Emeryville | Professional Services Contract
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compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.
4.13.4 Living Wage
Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $17.48 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.
4.13.5 Minimum Wage and Paid Sick Leave
In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.
4.14 California Labor Requirements
4.14.1 Prevailing Wage Requirements
Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
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4.14.2 Registration
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
4.14.3 Labor Compliance Oversight
This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
4.14.4 Workers’ Compensation
Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:
“I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
4.14.5 Event of Default
Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.
5. TERMINATION
A. The City shall have the right to terminate this Contract for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date.
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B. All termination notice periods triggered pursuant to written notice shall begin to run from the date of the United States Postal Service postmark.
C. Upon termination, City shall provide for payment to the Contractor for Services rendered and expenses incurred prior to the termination date.
D. Upon receipt of a termination notice the Contractor shall: (1) promptly discontinue all Services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Contract, whether completed or in process, in the form specified by the City.
E. Notwithstanding anything to the contrary, this Contract is subject to immediate termination in the event the City Council does not appropriate sufficient funds for this Contract.
F. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Contract or at law or in equity.
6. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.
7. ENTIRE AGREEMENT
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Contract not contained in this Contract shall be valid or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.
8. SUCCESSORS AND ASSIGNS
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.
9. APPLICABLE LAW AND ATTORNEY’S FEES; VENUE
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.
The prevailing party shall be entitled to reasonable attorney's fees in addition to any DocuSign Envelope ID: 37CD048A-07F0-4EB4-A6F7-1F94E94E145D DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 City of Emeryville | Professional Services Contract
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other relief to which said party may be entitled. The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.
10. SEVERABILITY
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.
11. BUSINESS TAX CERTIFICATE
Prior to commencement of the Services to be provided hereunder, Contractor shall apply to the City of Emeryville Finance Department for a business tax certificate, pay the applicable business tax and maintain said business tax certificate during the term of this Contract, as provided in Article 1 of Chapter 1 of Title 3 of the Emeryville Municipal Code.
12. NOTICES
12.1 Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the work and invoices shall be exchanged between Nancy Humphrey for the City and Kristin Kerr for the Contractor:
CITY CONTRACTOR
Nancy Humphrey, Environmental
Programs Supervisor
Phone No: 510-596-3728
E-Mail : [email protected]
Kristin Kerr
Phone No: 510-832-2852, x122
E-Mail : [email protected]
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12.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to the City and the Contractor, respectively, as follows:
CITY CONTRACTOR
Mohamed Alaoui, PW Director
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : [email protected]
with a copy to:
Nancy Humphrey, Environmental
Programs Supervisor
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-3728
E-Mail : [email protected]
Ray Goebel, P.E., Vice President of
Operations, EOA
1410 Jackson Street
Oakland, CA 94612
Phone No: 510-832-2852
E-Mail : [email protected]
13. COUNTERPARTS
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.
14. NO THIRD-PARTY BENEFICIARIES
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
15. NON-EXCLUSIVITY
City reserves right to employ other contractors in connection with the Services covered under this Contract.
16. ASSIGNMENT OR TRANSFER
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City.
Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
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17. WAIVER
The City’s failure to enforce any provision of this Contract or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
18. OTHER REQUIREMENTS
Compliance with terms and conditions set forth in Exhibit C is required / not required for this Contract. Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) when attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, Exhibit C shall control.
SIGNATURES ON FOLLOWING PAGE
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19. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: EOA, INC.
(Signature)
Ray Goebel, P.E., Vice President/Manager of Operations
Attach:
W-9 Form
Attach:
Business License Certificate
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DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Environmental and Public Health Engineering
March 23, 2023
Mrs. Nancy Humphrey
Environmental Programs Supervisor
City of Emeryville
1333 Park Ave.
Emeryville, CA 94608
[email protected]
Subject: Proposal for Stormwater Inspection and Reporting Technical Assistance to the City of Emeryville
Dear Mrs. Humphrey:
EOA is pleased to submit this proposal to assist the City with a three-year stormwater services contract in the following service areas as required by the San Francisco Bay Municipal Regional Stormwater NPDES Permit Order No. R2-2022-018 (MRP) for FY 2023-24 through FY 2025- 26:
1. Conducting stormwater treatment measure operation and maintenance (O&M) verification inspections (Provision C.3);
2. Conducting industrial and commercial site stormwater inspections (Provision C.4); and
3. Providing trash load reduction reporting assistance and developing a Private Land Drainage Area (PLDA) trash control plan (Provision C.10).
This proposal provides EOA’s qualifications, the project scope and budget and the key staff that will assist with this work. The primary EOA staff who will assist you with the work are Kristin Kerr, P.E., Peter Schultze-Allen, CPSWQ, John Fusco, and Chris Sommers. The EOA team includes staff that assisted the City in previous FYs with C.3 inspections, C.4 inspections, and C.10 reporting. Brief biographies are included at the end of this proposal and resumes are available upon request.
Kristin Kerr, Managing Engineer/VP-Admin, will oversee overall contract, invoice and project management and provide a single point of contact for efficiency when needed or preferred. Ray Goebel, Vice President/Manager of Operations, will serve as the Principal-in-Charge. We appreciate the opportunity to continue to assist the City.
EOA Qualifications
EOA, Inc. is a multi-disciplinary engineering consulting firm providing a broad range of environmental and engineering client services. EOA is a registered small business and a Small DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
March 24, 2023
Local Emerging Business (SLEB) certified under Alameda County’s program. EOA’s primary office is located in Oakland, with a smaller office in Sunnyvale. EOA has an exceptional technical staff of approximately 30 engineers and scientists, many with advanced technical degrees and over 15 years of consulting experience. The staff has expertise in a wide range of project areas including stormwater management and regulatory compliance, wastewater and recycled water regulatory compliance and technical services, water quality monitoring and assessment, watershed science and management, microbial risk assessment, and environmental data and information management.
EOA staff specializes in assisting cities and counties with stormwater NPDES permits and the development and implementation of stormwater management and water quality monitoring programs. We have provided NPDES permit issuance and implementation assistance since the beginning of the stormwater regulations in California. Recent and ongoing clients include all of the Phase I countywide municipal stormwater programs in the San Francisco Bay Area (Santa Clara, Alameda, San Mateo and Contra Costa Counties) and numerous other Phase I and Phase 2 municipal programs in California. EOA has successfully assisted the Alameda Countywide Clean Water Program (Clean Water Program) and its member agencies since the creation of the Program in the early 1990s. We have provided high quality technical assistance on special studies and coordinated committees, subcommittees and work groups on behalf of the Clean Water Program, Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) and San Mateo Countywide Water Pollution Prevention Program (SMCWPPP). As a company, we have helped municipal clients implement requirements for stormwater controls in new development and redevelopment projects (plan review and construction), municipal maintenance/operations, industrial/commercial and illicit discharges, pesticide management, and public information/outreach. Our assistance has been provided in a number of ways, including the creation of guidance documents, manuals, and outreach materials and conducting training workshops for public agency staff.
EOA has a thorough understanding of the Bay Area Stormwater Municipal Regional Permit (MRP)1including the newly reissued MRP (3.0). On behalf of our clients, EOA was involved in the development of the MRP and since its adoption in 2009, has extensive experience with implementation of all permit provisions. Our staff has also played a vital role in both reissuances of the permit, in 2015 and 2022. For example, EOA staff coordinated Work Groups comprised of stormwater program, municipal and San Francisco Bay Regional Water Quality Control Board (SFRWQCB) staff, focused on providing input on key provisions (i.e., Green Infrastructure, Pollutants of Concern, and Trash Controls). These EOA staff then reported Work Group progress to the overarching MRP 3.0 Steering Committee and countywide stormwater programs, and solicited feedback.
EOA’s regulatory experience extends well beyond the MRP and includes extensive knowledge of other related NPDES permits that impact municipalities, such as the State Industrial Activities 1The MRP is a municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit regulating discharges of pollutants in urban runoff from municipal separate storm sewer systems (MS4s) via federal (Clean Water Act) and state (PorterCologne Water Quality Control Act) mandates. EPA has delegated NPDES permitting regulation to the State of California. The program is administered by the State Water Resources Control Board (SWRCB), with local Bay Area regulation by the San Francisco Bay Area Regional Water Quality Control Board (SFRWQCB).
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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Stormwater General Permit (IGP), the State Phase II Small MS4 General Permit, the State Construction Activities Stormwater General Permit (CGP), and the State Drinking Water Systems (DWS) Discharges General Permit. EOA brings an essential understanding of the interactions and potential overlap among the MRP and these statewide permits. Our staff’s knowledge built through these experiences will most certainly benefit the City’s cost-effective implementation of NPDES permit requirements.
EOA is uniquely qualified to assist the City comply with the MRP Provision C.3 New Development and Redevelopment and Provision C.4 Commercial and Industrial Inspection Program requirements because EOA previously assisted the City with inspections for Provisions C.3 and C.4 in FY 15-16 through FY 22-23 and is already familiar with the service areas and with the ACCWP standard inspection, reporting and tracking forms for MRP C.3 and C.4. EOA also developed many of the tools and guidance provided to the Clean Water Program members.
EOA developed the Clean Water Program C.3 Stormwater Technical Guidance manual. EOA also developed the C.3 Checklist and supporting documents, Inspection and Maintenance Checklists for Stormwater Treatment Controls, the Facility Stormwater Inspection Checklist, and ACCWP Facility Inspection Database. EOA has developed similar forms, data management tools, and guidance materials for SCVURPPP and SMCWPPP.
EOA has over 20 years of experience preparing performance standards, guidance documents and tools and conducting workshops to assist municipalities with NPDES permit requirements (e.g., Provision C.3, C.4, C.5, and C.10) for industrial/commercial site stormwater controls, new and redevelopment projects, and trash controls. In 2004, EOA prepared the “C.3 Stormwater Handbook” (revised in 2006 and 2012) for SCVURPPP, the first countywide stormwater program in the Bay Area required to implement the post-construction requirements. Since then we have prepared stormwater guidance documents for the Alameda County, San Mateo County, Fairfield-Suisun area, and Sonoma County/Santa Rosa area stormwater programs. In recent years, we have completed major updates to these documents to incorporate guidance and design details for Low Impact Development (LID) site design and treatment measures. We have also developed Hydromodification Management Plans for both the Santa Clara and San Mateo countywide stormwater programs, to provide technical background, performance criteria and implementation guidance for controlling increases in stormwater flow, volume and duration from development projects to prevent erosion in creeks.
EOA conducts workshops for SCVURPPP and SMCWPPP to provide training to city and agency staff on implementation and compliance with MRP Provision C.3, C.4/C.5, and C.10.
Training topics include review of development plans for compliance with MRP C.3 stormwater treatment control requirements, conducting stormwater treatment control O&M verification inspections, conducting C.4 industrial/commercial site inspections, responding to reports of illicit discharges, conducting On-land Visual Trash Assessments. In recent years, EOA has conducted workshops for ACCWP to provide training to city and agency staff on implementation and compliance with MRP Provisions C.4/C.5 and been invited to speak at Clean Water Program training workshops on various topics related to MRP Provision C.3 and C.10.
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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From the late 1990s through 2015, EOA facilitated the Clean Water Program’s New Development Subcommittee, which is a forum to discuss issues and develop tools for individual agency compliance with MRP Provisions C.3 and C.6. EOA currently facilitates similar committees for SCVURPPP and SMCWPPP. EOA currently facilitates the Clean Water Program’s Industrial and Illicit Discharge Control (I&IDC) Subcommittee – which is a forum to discuss issues and develop tools for individual agency compliance with MRP Provisions C.4 and C.5 – as well as the Trash Subcommittee (Provision C.10). EOA currently facilitates similar committees for SCVURPPP and SMCWPPP. Through these committees EOA is familiar with questions, issues, potential pitfalls, problems and solutions for cities, counties and districts implementing New Development and Redevelopment, Industrial/Commercial Site Controls, and Trash Control Programs. EOA provides guidance and review for SCVURPPP and SMCWPPP permittees completing the Stormwater Annual Report forms for sections C.3, C.4, and C.10.
EOA has also assisted individual municipal agencies, including the Cities of Milpitas, Santa Clara, Palo Alto and Sunnyvale, the Town of Los Gatos, and the County of Santa Clara with development project reviews, training and/or implementation of post-construction stormwater requirements. For example, we have developed agency-specific checklists, data collection forms, and worksheets for computing treatment control design flows and volumes; performed reviews and calculations for treatment controls on public projects; and met with the City and private developers to discuss permit compliance strategies.
In addition to assisting countywide stormwater programs, EOA has also assisted individual municipal agencies with commercial/industrial stormwater inspections, as required by the MRP, including the Cities of Emeryville, Millbrae, Menlo Park, San Bruno, Pacifica, and Santa Clara.
During MRP 1.0, EOA led the development of baseline trash generation rates for all MRP stormwater Permittees, which spawned the development of member agency specific trash generation maps. Additionally, EOA developed the framework for the trash reduction accounting system that is cited in MRP 2.0 and 3.0 and assisted all SMCWPPP and SCVURPPP member agencies in developing and implementing trash management and assessment strategies, including those that use EOA’s On-land Trash Visual Assessment Protocol as a method to demonstrate trash load reductions. We have also assisted individual municipalities throughout the Bay Area by conducting full capture system cost-benefit analyses and identifying feasible locations for these devices with the greatest trash load reduction benefit and identifying other types of controls that could achieve the MRP trash reduction goal.
EOA has provided leadership at the regional, state, and national level on trash management and assessment, as demonstrated by the following:
• Developed and provided guidance on over 50 Long-term Trash Reduction Plans for clients in northern California.
• Developed the On-land Trash Visual Assessment (OVTA) Protocol and conducted over 17,000 assessments for over 60 clients, including data management and reporting. • Calculated and reported trash load reductions to the Regional Water Board for numerous cities/counties.
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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• Provided assistance to Bay Area cities and counties in developing receiving water monitoring and assessment techniques used to evaluate the level of trash in local creeks and Bay shorelines.
• Developed the award-winning Trash BMP Toolbox, a comprehensive cost-benefit evaluation of stormwater controls for trash used by municipalities throughout the Bay Area as guidance towards selecting the most cost-effective solutions to water quality impacts associated with trash.
• Designed and led the implementation of several trash management and assessment projects, including those implemented by several Phase I and II cities. • Conducted the Bay Area Baseline Trash Generation Rates Project and developed the reduction accounting system currently being used by Bay Area cities. • Created templates and guidance for developing short- and long-term Trash Reduction Plans;
• Developed baseline trash generation maps for all Bay Area cities/counties. • Identified optimal locations for trash full capture devices for a number of municipalities and mapped the locations and drainage areas for over 2,000 full capture treatment systems.
• Developed an Operation and Maintenance Verification Program for full capture devices. • Managed the Tracking California’s Trash grant project for BASMAA, which is designed to assist cities/counties in demonstrating attainment of trash reduction goals.
EOA has provided assistance with trash load reduction assessments, calculations and reporting in the past and looks forward to continuing to assist the City in the future.
Scope of Work
EOA has qualified staff to assist the City with the three service areas identified. As previously stated, EOA has assisted the City with inspections for Provisions C.3 and C.4 in FY 15-16 through FY 22-23. EOA staff are already familiar with the service area and with the ACCWP standard inspection, reporting and tracking forms for MRP C.3 and C.4. Additionally, EOA staff has provided trash load reduction calculations and reporting for the City.
TASK 1: Stormwater Control Measure O&M Verification Inspections (C.3.h) The City is seeking assistance to conduct stormwater control measure operation and maintenance verification inspections annually as required by MRP Provision C.3.h. EOA will conduct the following tasks to assist the City in addressing this provision:
A. Notifying businesses – EOA will work with the City to identify the list of project sites for inspection each FY. The City will provide a notification letter advising the project sites of the upcoming inspections, to be sent out by EOA.
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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B. Scheduling and performing inspections of the operation and maintenance of the C.3 measures at the properties identified by the City - Approximately ten sites will be inspected each FY. As was the case for previous inspections, City staff will have the opportunity to meet the EOA inspector and observe the inspection. These inspections should be scheduled at least a week in advance, with notice to City staff, Nancy Humphrey, by email about the time and location.
If an illegal discharge is observed during an inspection, the inspector must notify the City immediately, and must take any practical actions available to stop the discharge.
EOA will conduct follow-up inspections and/or communicate with responsible parties if problems are found. EOA will follow the City’s Enforcement Response Plan (ERP) and require corrective actions to be implemented no longer than 30 days after a problem is identified by an inspector, or longer if deemed appropriate and documented.
C. Entry into the AGOL tool as needed - EOA staff will identify any C.3 Regulated Projects and Green Stormwater Infrastructure projects that need to be entered into the AGOL tool.
EOA staff will enter up to 2 projects into the AGOL tool based on stormwater control measure plans and/or other information provided by the City.
D. Reporting – EOA will provide the City with an ACCWP Standard Stormwater Treatment BMP Inspection Report form for each inspection location. EOA will maintain an Excel file with each property name, address, contact name and phone, date and type of inspection, property/business type, inspection findings, and any action required. EOA will provide the summary data needed for the Annual Report form for section C.3.h.
Task 1 Deliverables:
• ACCWP Standard Stormwater Treatment BMP Inspection Report forms for each inspection location.
• An Excel table with each property name, address, contact name and phone, date and type of inspection, property/business type, inspection findings, and any action required. • Completed MRP Annual Report form section C.3.h in MS Word format for FYs 23-24, 24-25, and 25-26, including details on any enforcement actions issued, if necessary.
Task 1 Schedule:
• EOA will mail the notification letter prior to each FY of inspections. • All routine inspections and any follow-up inspections or communications needed will be completed by June 30th each year.
• Any corrective actions identified in the initial inspection will be confirmed within 30 days through review of photographs submitted by the contact or a re-inspection. • Inspection forms and an Excel inspection summary table for the FY will be provided by July 31st.
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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• The Annual Report form will be completed by August 31st.
Task 1 Estimated Budget:
This proposal assumes ten inspections per FY and provides for up to 274 hours for inspections and follow-up inspections, including site visits, reporting, and data tracking. The work will be conducted on a time-and-materials basis according to the attached EOA 2023 Fee Schedule. Our total not to exceed budget for Task 1 is $60,600, which includes an allowance for expected incidental expenses in accordance with the rate schedule. A new fee schedule is issued at the beginning of each year.
TASK 2: Industrial and Commercial Site Stormwater Inspections (C.4) The City is seeking assistance to conduct industrial and commercial stormwater facility inspections as required by MRP Provision C.4. EOA will conduct the following tasks to assist the City in addressing this provision:
A. Prioritize new facilities for inspection and update C.4 main inspection list - The City will provide a list of new businesses each FY to add to the C.4 stormwater inspection list of industrial and commercial facilities. EOA will update the City’s C.4 main inspection list by:
• Adding new businesses following the criteria, functional aspects, and types of industrial and commercial facilities as described in MRP, Provision C.4.b.ii.(1). • Removing closed businesses identified in previous FY C.4 inspections. • Temporarily increasing inspection frequency to the next level for facilities that, in the previous FY inspection(s), had a violation that was not corrected in a timely manner (e.g., inspection frequency of once every 5 years becomes once every 3 years).
B. Notifying businesses - The City will provide a notification letter advising the identified businesses of upcoming inspections, to be mailed by EOA.
C. Scheduling and performing inspections of the industrial and commercial sites – EOA will identify the facilities due for inspection each FY from the updated main inspection list.
Approximately 50-70 inspections will be conducted each FY. EOA will complete routine scheduled inspections by June 30th.
Based on previous FYs’ inspections, it is assumed that roughly 7 follow up inspections will be required each FY. MRP Provision C.4 requires the City to confirm corrective actions within 10 days of finding an actual or potential discharge (e.g. no or ineffective BMPs) during the inspection. These inspections are expected to take less time because the focus will be on documenting corrective actions only.
D. Notifying the City of discharges - If a stormwater violation is observed during an inspection, the inspector must notify the City as soon as possible, and no later than 24 hours after the observation. If an illegal discharge is observed during an inspection, the inspector must notify the City immediately, and must take any practical actions available to stop the discharge.
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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E. Reporting – EOA will provide the City with a completed ACCWP Standard Stormwater Facility Inspection Report form for each business (scanned electronic copy) with photographs, as applicable. EOA will maintain inspection data for the FY in an Excel table.
The Excel table will list each business name, address, contact name and phone, date and time of inspection, business type, enforcement type, discharge observed, and any action required, as well as any other information requested by the City. EOA will provide a monthly update to the City every month during the period of inspections providing a summary of the number and names of businesses inspected and any issues encountered during the inspections. EOA will provide the summary data needed for the Annual Report form for section C.4.
Task 2 Deliverables:
• ACCWP Standard Stormwater Facility Inspection Report forms for each business; • Excel inspection data tracking table;
• Completed draft Annual Report for section C.4 in MS Word format for FYs 23-24, 24-25 and 25-26.
Task 2 Schedule:
• EOA will mail the notification letter prior to each round of inspections. • Monthly update emails will be sent with the inspection data tracking table. • All routine inspections and any follow-up inspections or communications needed will be completed by June 30th each FY.
• Inspection forms and an Excel inspection summary table for the FY will be provided by July 31st.
• The Draft Annual Report form section C.4 will be completed by August 31st.
Task 2 Estimated Budget:
This proposal provides for up to 585 hours total over three FYs, assuming approximately 70 routine inspections and seven follow-up inspections each FY. The total time includes site visits, reporting, data tracking and updates. The estimated budget is based on EOA’s experience conducting stormwater inspections in the City. The estimate includes stormwater inspections only and excludes FOG elements that would require inspecting grease removal devices and reviewing hauling/cleaning manifests. Our total not-to-exceed budget for Task 2 is $123,800.
TASK 3. Trash Controls (C.10)
Task 3A. PLDA Identification
MRP Provision C.10.a.ii.b requires that the City ensures by July 1, 2025 that private land areas with very high, high, or moderate trash generation rates and whose drainages are connected to the City’s municipal separate storm sewer system (MS4) are equipped with full trash capture systems or are managed with trash discharge control actions equivalent to or better than full trash DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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capture systems. Additionally, it requires that the trash discharge control actions equivalent to or better than full trash capture systems of these land areas be evaluated using On-land Visual Trash Assessments (OVTAs). EOA will conduct the following tasks to assist the City in addressing this provision:
A. Identification of Land Areas of Potential Interest (i.e., >10,000 ft2). The City will work with Psomas (consultant to the Alameda Countywide Clean Water Program) to allow EOA to obtain access to current GIS data layers for the City that identify private land drainage areas (PLDAs) greater than 10,000 ft2 and associated baseline trash generation categories. EOA understands the City has already excluded building footprints to identify areas that are greater than 10,000 ft2and identified those parcels with private storm drain inlets plumbed directly to the MS4, therefore, EOA will not provide this analysis. EOA will, however, identify both the “active” and “retired” PLDAs in the data layer provided by Psomas to identify current PLDAs that should be included as part of the PLDA trash control program. EOA will conduct the following subtasks to identify these PLDAs:
• Remove all land areas that generate low baseline levels of trash (i.e., green parcels); • Remove all land areas (i.e., parcels and portions of parcels) currently addressed by existing full capture systems; and
• Identify and merge the remaining land areas if they are part of the same development (e.g., condo complexes, shopping centers, strip malls, etc.).
Task 3A Deliverables:
• One draft and one final GIS Shapefile, Google Earth kmz, and pdf map of PLDAs of interest for the PLDA trash control program.
• One draft and one final Excel Spreadsheet with PLDAs of interest for the PLDA trash control program.
Task 3A Schedule:
• Within four weeks after the notice to proceed is issued and EOA receives the Psomas PLDA data layers, EOA will provide a draft GIS Shapefile, Google Earth kmz, and pdf map, and Excel Spreadsheet of PLDAs of interest for the PLDA trash control program. • Within two weeks following comments received on the Draft deliverables, EOA will provide a final GIS Shapefile, Google Earth kmz, and pdf map, and Excel Spreadsheet of PLDAs of interest for the PLDA trash control program.
Task 3A Budget:
Our total not to exceed budget for Task 3A is $9,000.
Task 3B. PLDA Trash Control Plan Development and Implementation EOA will assist the City in designing and implementing a PLDA trash control plan to allow the City to address trash on these properties by July 1, 2025. The PLDA trash control plan will be DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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implemented on the PLDAs of interest identified in Task 3A. The following subtasks will be conducted by EOA:
A. Verification of PLDAs and Initial Implementation of the PLDA Trash Control Program - Through this task, EOA will verify through field work that the PLDAs of interest initially identified in Task 3A are actually PLDAs, and conduct initial trash inspections on the verified PLDAs. For budgeting purposes, it is assumed that 25 trash inspections will be conducted by EOA on PLDAs.
Prior to conducting these tasks, EOA will meet with the City to discuss the process to access the properties for inspections, and the communications with property owners/managers. Based on the direction of the City, EOA will conduct trash inspections on these properties in FY23- 24, which will entail accessing the property and documenting an OVTA score and trash sources (as necessary).
B. Development of PLDA Trash Control Plan - EOA will develop a PLDA Trash Control Plan for the City to guide implementation of the City’s PLDA Trash Control Program, as required by the MRP. The Plan will include the regulatory authority needed by the City to implement the program, standard operating procedures for conducting trash inspections/assessments on PLDAs, enforcement response actions and timelines, tracking and reporting requirements, and a revised inventory of PLDAs that will be inspected. EOA will develop one draft and one final version of the plan. Additionally, EOA will develop one Excel spreadsheet for the City to use in tracking trash inspection results and outcomes.
C. Implementation of PLDA Trash Control Plan - Based on the results of the inspections, EOA will discuss with the City options for addressing trash on these properties. EOA will assist the City in communicating the required actions that property owners/managers will need to implement to address trash on their properties to a level of low trash generation.
Task 3B Deliverables:
• One draft and one final PLDA Trash Control Plan.
• One draft and one final Excel spreadsheet for tracking trash inspection results • Completed Excel spreadsheet with results from initial trash inspections on PLDAs in FY23-24
Task 3B Schedule:
Task 3B will be completed in the following schedule:
• Within six weeks after Task 3A is completed, EOA will provide a Draft PLDA Trash Control Plan and a draft Excel spreadsheet for tracking trash inspection results. • Within two weeks following the receipt of comments on the Draft PLDA Trash Control Plan, EOA will provide a final plan and spreadsheet to the City. • EOA will complete trash inspections and provide an Excel spreadsheet with the inspections results by June 30, 2024.
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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Task 3B Budget:
This proposal includes trash inspections for up to 25 PLDAs. Our total not to exceed budget for Task 3B is $33,800.
Task 3C. Trash Load Reduction Reporting
Each FY the City is required to submit a stormwater compliance report to the Water Board by September 30th. Section 10 of the compliance report must include calculations of trash load reductions associated with current control measures, including existing full capture installed at the time the report is due, and the results of any OVTAs that have been conducted to-date to demonstrate load reductions associated with other types of control measures.
EOA will develop one draft and one final Section 10 of the City’s compliance report for FYs 23- 24, 24-25 and 25-26. EOA will complete all subsections of Section 10 based on data and information provided by the City regarding control measure implementation, data/information available in the GIS data layers (i.e., full capture locations and treatment areas), and OVTA data provided by the City. Included will be a calculation of the trash load reduction rate based on current conditions as compared to the baseline conditions.
Task 3C Deliverables:
One draft and one final completed Section 10 of the ACCWP Annual Report template in MS Word format for FYs 23-24, 24-25, and 25-26.
Task 3C Schedule:
Draft Section 10 annual reports for FY 23-24, 24-25, and 25-26 will be completed by the second week of August. Final Section 10 annual reports will be completed two weeks following comments received by the City.
Task 3C Estimated Budget:
This proposal provides for the calculation and evaluation of trash load reductions and assistance with Section 10 Annual Report submittals. The work will be conducted on a time-and-materials basis according to the attached EOA 2023 Fee Schedule. A new fee schedule is issued at the beginning of each year. Our total not-to-exceed budget for Task 3C is $36,000.
TASK 4. Miscellaneous Trash Reduction Reporting Assistance (C.10) This task provides for additional trash reduction reporting assistance. Possible tasks include conducting additional OVTAs, interim calculations of trash load reductions, review of Private Land Drainage Areas (PLDAs) and updating the City’s Long Term Trash Load Reduction Plan.
Tasks will be performed as directed by the City and as budget allows.
Task 4 Estimated Budget:
This proposal provides for up to 45 hours for on-call, as needed assistance. The work will be conducted on a time-and-materials basis according to the attached EOA 2023 Fee Schedule. Our total not to exceed budget for Task 4 is $11,000.
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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Budget Summary
Budgets for Tasks 1-4 are summarized in the table below. Task budgets for work to be conducted in 2023 are based on a time-and-materials basis according to the attached EOA 2023 Fee Schedule. The budgets include an allowance for expected incidental expenses in accordance with the rate schedule. Task budgets for work conducted in 2024 and 2025 are based on an expected rate increase of 3% per year.
Task 1: Stormwater Treatment BMPs O&M Verification Inspections $60,600 Task 2: Industrial and Commercial Site Stormwater Inspections $123,800 Task 3: Trash Controls $78,800
Task 4: Miscellaneous On-call Trash Reduction Reporting Assistance
$11,000
Total $274,200
EOA Key Staff
This section provides EOA key staff and their relevant qualifications and experience that are vital to the success of the project. Resumes for the key staff below are available upon request. As mentioned previously, Kristin Kerr, Managing Engineer/VP-Admin, will oversee overall contract, invoice and project management. Ray Goebel, Vice President/Manager of Operations, will serve as the Principal-in-Charge.
KRISTIN KERR, M.S., P.E., QSD (Vice President - Administration) For the past 25 years at EOA, Ms. Kerr has worked on a variety of projects related to stormwater and wastewater NPDES permit compliance, wastewater treatment plant engineering, design and operation, biosolids management, chronic toxicity investigations, Pretreatment Program implementation and environmental data management.
In the area of stormwater management Ms. Kerr has assisted with Phase I, Phase II, Industrial Activities General Permit and Construction Activities General Permit compliance. Currently Ms.
Kerr provides overall project management for the ACCWP and committee support for the Industrial and Illicit Discharge Control (I&IDC) Subcommittee. In past years she has also assisted with New Development and Construction Subcommittee tasks, including training. She also provides technical support to SCVURPPP and SMCWPPP on implementation of commercial, industrial and illicit discharge inspection program, municipal maintenance, new and re-development, and construction site control program requirements. She provides assistance for ongoing Ad-Hoc Task Groups, Subcommittees and Work Groups with meeting organization, BMP outreach material, products, guidance, training and review of technical documents. She assists with development of the Programs’ Annual Reports and provides guidance and review for individual municipal annual reports.
Ms. Kerr has updated several Stormwater Pollution Prevention Plans for facilities requiring coverage under the new State Industrial Activities Stormwater General Permit and has reviewed DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
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Construction General Permit SWPPPs. She has experience with both Industrial General Permit and Construction General Permit annual reporting, inspections and sampling. She has been in the field and has provided training on inspections and sampling for both permits. She also has experience conducting C3 project reviews and C3 stormwater treatment control measures reviews for several municipalities. Most recently Ms. Kerr has been assisting SCVURPPP and SMCWPPP with development of Private Land Drainage Area trash inspection program guidance.
PETER SCHULTZE-ALLEN, BFQP, LEED-AP (Senior Scientist)
Mr. Schultze-Allen specializes in the integration of public and private green stormwater infrastructure with complete streets, sustainable landscaping, urban forestry, trash/litter management and green jobs. He is the lead for the New Development Subcommittee for SMCWPPP and also supports SCVURPPP with Green Infrastructure planning and technical guidance. Peter has been the task lead for performing stormwater treatment measure O&M verification inspections for the City of Emeryville for over 7 years.
With over 25 years of environmental experience and the last 13 of those years focused on stormwater program management and field inspection, Peter brings the skills needed to assist municipal staff in their implementation of stormwater regulations. Other recent projects have involved: researching and developing guidance for regional biotreatment soil specifications; and combining the benefits of urban forestry with stormwater quality treatment using suspended pavement systems and Bay-Friendly Landscaping principles.
As Stormwater Program Manager for the City of Emeryville, Peter performed hundreds of compliance and verification inspections of various types: municipal maintenance practices and corporation yard BMPs (C.2); construction of permanent stormwater BMPs (C.3); operation and maintenance of permanent stormwater BMPs (C.3.h); private commercial and industrial property BMPs (C.4 and State Industrial General Permit); illicit discharges from structural and nonstructural practices (C.5); and construction sites with temporary erosion, sediment control and housekeeping practices (C.6 and State Construction General Permit).
During his 11 years with the City he oversaw compliance of design, construction and maintenance stormwater regulations at more than 25 private and public projects with over 100 LID stormwater treatment landscapes and other underground treatment devices. To implement the City’s requirements, he met with project design teams prior to the approval of entitlements, reviewed projects for compliance with planning, building and public works requirements during various phases of the project - checking both City and State regulations, processed stormwater permit applications, coordinated issues with other City department staff and managed contracts with engineering and arborist consulting firms.
JOHN FUSCO (Senior Technical Specialist)
John Fusco has over 30 years of project management and technical responsibility for a range of projects related to stormwater program management and implementation, hazardous waste regulatory compliance, and pollution prevention program design and implementation. John has over 20 years of assisting municipalities with trash control measure planning and DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Mrs. Nancy Humphrey
March 24, 2023
implementation. Since 2001, he has provided on-going technical assistance with NPDES permit compliance activities relating to trash load reduction, municipal maintenance, industrial/commercial facility storm water inspection programs, and other stormwater program elements. Technical support includes development of regulatory submittals (e.g., annual reports), program compliance strategies, guidance documents, presentations, data collection and management tools and training. John had developed over 10 Long-term Trash Plan for cities/counties in the Bay Area. Other recent projects include the development trash generation rates in the Bay Area, operation and maintenance verification plans, and effectiveness studies of trash control measures. John assists the MRP Permittees with NPDES Permit Provision C.10 compliance and coordinates Trash Ad-Hoc/Subcommittee meetings. John currently facilitates the ACCWP Trash Subcommittee.
CHRIS SOMMERS (President)
Chris has nearly 23 years of consulting and project management experience and is the lead scientist and project manager for trash management and assessment services provided by EOA.
Chris is highly regarded as one of the leaders in stormwater trash management and assessment in the State of California and has managed a number of trash related projects, including the San Francisco Bay Area Stormwater Trash Generation Rates project used to develop Bay Area city/county Trash Generation Maps, and the Trash BMP Toolbox that received an award for outstanding stormwater implementation project by the California Stormwater Quality Association (CASQA). Chris is also the lead author of the OVTA protocols and has conducted numerous trainings for public agencies, water quality regulators, and consulting firms on the protocols and use of data generated. Chris has the proven experience necessary to effectively assist the City of Emeryville with trash control tasks.
Again, thank you for the opportunity to submit a proposal. Please contact Kristin Kerr at 510- 832-2852 x122 or [email protected] if you have any questions or would like to discuss this further.
Sincerely,
EOA, Inc.
Ray Goebel, P.E.
Vice President/Manager of Operations
Attachment: EOA 2023 Fee Schedule
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 Environmental and Public Health Engineering
EOA 2023 FEE SCHEDULE
The following fee schedule covers personnel rates for EOA, Inc. staff.
Our charges are divided into two categories: personnel, and direct expenses. A new fee schedule is issued at the beginning of each year. Charges for all work, except where other arrangements have been made, are based on the new schedule of charges.
PERSONNEL
Personnel charges are for any technical, clerical or administrative work necessary to perform the project. Work tasks include geologic and environmental consulting, engineering and computer services, regulatory liaison, and report preparation. Personnel rates are as follows:
Personnel Category Hourly Rates
Principal………………………………………………………………………..... $311
Senior Managing Engineer/Scientist I………………………………………..…. $307 Managing Engineer/Scientist III……………………………………………...…. $303 Managing Engineer/Scientist II…………………………………………...…….. $285 Managing Engineer/Scientist I……………………………………………...…... $272 Senior Technical Specialist I………………………………………………….… $262 Senior Engineer/Scientist III – Project Leader………………………………..... $252 Senior Engineer/Scientist/Planner II…………………………………………..... $229 Senior Engineer/Scientist/Planner I…………………………….......................... $210 Associate Engineer/Scientist III ………………………………......................... $200 Associate Engineer/Scientist II…………………………………......................... $190 Associate Engineer/Scientist I……………………………………………..…… $161 Assistant Engineer/Scientist……………………………………......................... $146 Technician, Administrative Manager …..………………………………...…….. $126 Clerical/Computer Data Entry……………………………………………..…… $89
Charges for professional services are in increments of one quarter-hour. Depositions/legal testimony charged portal-toportal, at 200% of standard rates, with a four-hour minimum charge. In accordance with California Civil Procedure 2037.7, where applicable, the minimum fee must be paid prior to commencement of testimony. Preparation for court cases is charged on a time-and-materials basis as outlined in this fee schedule.
DIRECT EXPENSES
Reimbursement for expenses directly related to services provided will be charged at cost plus 10%. Examples of such direct expenses include:
• Costs of sub-consultants or subcontractors
• Costs of special fees (insurance, permits, etc.)
• Costs of copying, drafting, blueprints, etc. (EOA copies charged at $0.10 each for B&W, $0.35 each for color. Large format $0.15/sq ft for B&W, $0.50/sq ft for color) • Costs of color map production supplies (color ink and large format paper) • Costs or rental of special equipment. Daily use fees of monitoring equipment charged at the following rates:
- Single-parameter field meter - $10/day
- Multi-parameter field meter and sonde - $100/day
• Costs of authorized travel and related expenses
• Automobile mileage directly related to services, at current IRS rate.
INVOICES
Invoices are prepared and submitted on a monthly basis, as either final or progress billings and are payable upon receipt unless prior arrangements have been made. Interest of 1-1/2% per month, or the maximum rate allowed by law, is payable on accounts not paid within 30 days.
EOA, Inc. • 1410 Jackson Street • Oakland, CA 94612 • Tel: (510) 832-2852 DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7
CALIFORNIA
REV 08/2020 Page 1 of 5
EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to EOA, INC..
1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:
1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy. Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.
1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability
$1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.
OR
$2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
Automobile Liability
$2,000,000.00 per accident for bodily injury and property damage. Professional Liability / Errors and Omissions
$2,000,000.00 per claim and aggregate.
Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Pollution Liability Insurance
$2,000,000.00 per occurrence and $2,000,000.00 aggregate.
Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.
2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
General Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and (4) the insurance coverage shall contain standard separation of insureds provisions.
Automobile Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. Pollution Liability Coverage
(1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.
Attach:
Insurance Certificate and Endorsements
DocuSign Envelope ID: 99B75B2C-CEFF-4A57-AA09-278AD128A0D7