FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This First Amendment to Agreement for Consultant Services (the "First Amendment") is made and entered into this 5" day of April, 2022, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and EOA, INC., a California corporation (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, on December 11, 2017, CITY and Consultant entered into that certain agreement entitled "Agreement for Consultant Services" ("Agreement") to provide Commercial and Industrial Stormwater Inspection and Related services; and WHEREAS, City and Consultant now desire to enter into this First Amendment to extend the term of the Agreement.
AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby agree as follows:
1. Amendment to Section 3.1. The second and third sentences of Section 3.1 of the Agreement are hereby amended to read as follows:
CONSULTANT agrees to complete all services by July 31, 2023. This Agreement may be renewed annually for an additional three years to 2025 unless terminated earlier as provided for herein or extended by mutual agreement of the parties.
2. Agreement in Effect. Except as amended by this First Amendment, the Agreement shall remain in full force and effect.
3. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
[SIGNATURES ON NEXT PAGE]
OAK #4849-6631-0203 v1
CITY OF PACIFICA CONSULTANT
Digitally signed by Ray Goebel
DN: cn=Ray Goebel, o=EDA, Inc,
Rey Hackel ou, email [email protected],
C=US
By: EPion Jul 1, 2022 Date: 2022.04.051309-29-0700
Date By: Date 4/5/2022
Kevin Woodhouse, City Manager Ray Goebel, Vice President Attest:
Sach Coffey Jul 1, 2022
By: Date
Sarah Coffey, City Clerk
Approved As To Form:
Date 04/14/2022
Michelle Marchetta Kenyon, City Attorney
OAK #4849-6631-0203 vl
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 111 day of December, 2017, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and EISENBERG, OLIVIERI & ASSOCIATES INC. [a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation/ (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as "Party" and collectively as the "Parties."
RECITALS
WHEREAS, CITY requires Commercial and Industrial Stormwater Inspections and Related services; and
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Seope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A.
Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed consistent with the professional skill and care ordinarily provided by Commercial and Industrial Stormwater Inspectors practicing in the same or similar locality under the same or similar circumstances. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY.
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1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed Fifty Thousand dollars ($50.000.00) annually ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTAN, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in - 2-
CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Scrvices are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by December 31, 2021.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Van Ocampo, Director of Public Works as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Kristin Kerr, Project Manager/Managing Engineer as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
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ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damagc, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense. The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A: VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANI in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or _ 4 -
omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer's liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a "separation of insureds" or "severability" clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross- hability endorsement);
• Excepting CONSULTANT'S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds ("Additional Insureds"); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader covcrage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
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F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the dat on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Van Ocampo
170 Santa Maria Avenue
Pacifica, CA 94404
Phone: (650) 738-3767
Facsimile: (650) 738-3003
Email: [email protected]
If to CONSULTANT: Kristin Kerr, P.E.
EOA, Inc.
1410 Jackson Street
Oakland, CA 94612
Phone: (510) 832-2852
[email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
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7.2. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.3. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.4. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.5. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.6. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.7. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.8. Attorney's Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.9. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. - 7-
7.10. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.11. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT's Services hereunder are being performed solely for the benefit of CITY.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
Date 12/14/17
By:
Kevin Woodhouse, City Manager
Attest
Kathe O'Connere Dato 12/14/17
Kathy O'Connell, City Clerk
Approved As To Form
amD/1/7
CONSULTANT
Eisenberg, Olivieri & Associates Inc.
Suelul
Ray, Date 12-1-17
President
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EXHIBIT A
SCOPE OF WORK
Under the general direction of the City's Director of Public Works, the successful firm shall prepare all documentation, attend meetings, coordinate with State personncl and perform business compliance inspection services related to the City's Storm Water Ordinance, the municipal separate storm sewer (MS4) Permit, and other requirements, not limited to those described as follows:
Task No. 1 - Familiarization with City Documents
The Consultant shall familiarize themsclvcs with the General Industrial Activities Storm Water Permit or other permit issued by the State or Regional Water Quality Control Board, the City of Pacifica Business Inspection Plan, City of Pacifica Enforcement Response Plan, the City Industrial and Commercial Inspection database and the City of Pacifica Municipal Code.
Task No. 2 - Conduct Business Facility Compliance Inspections • The Consultant shall prepare a priority list, schedule and perform initial and follow-up inspections utilizing the City of Pacifica Business Inspection Plan. • Consultant shall submit completed San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) Commercial/Industry Facility Stormwatcr Inspection Form(s) to City on a monthly or otherwise regular basis. Consultant shall also submit the results of the inspections in an Excel Spreadsheet format (or approved equal) as determined by the City (for third party collection purposes). Consultant shall update the City Industrial/Commercial Business Inspection database. Consultant shall distribute NPDES educational material for facilities subject to City compliance inspections.
• For Industrial facilities, Consultant shall check for submittal of a Notice of Intent (NOI) to comply with the General Industrial Activities Storm Water Permit or other permit issued by the State or Regional Water Quality Control Board and shall verify implementation and maintenance of appropriate BMPs. • Consultant shall confirm facility compliance with the City's Storm Water Ordinance.
• Consultant shall check for non-storm water discharges and illegal/illicit connections to the MS4.
• Consultant shall be able to identify violations from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance, waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas.
• Consultant shall issue Correction Notices and/or Notices of Violation as needed.
All notices shall be in compliance with the City of Pacifica Enforcement Response Plan and Municipal Code.
• The Consultant shall prepare non-compliance follow-up letters to businesses for Public Works Director's signature and mailing within 2-days of the determination of non-compliance.
• The Consultant shall regularly meet with the City's Director of Public Works or his/her representative(s) regarding status of inspections. • The Consultant shall be available to meet with City and business owners during normal working hours on an as-needed basis.
• The Consultant shall interact professionally with business owners, property owners, the public at large, coordinate with other City personnel, promote quality customer service, and respond promptly and courteously to inspection requests.
• The Consultant shall follow verbal and written instructions, communicate clearly and concisely, both orally and in writing.
• The Consultant shall establish effective communications with the business owners or business representatives.
• The Consultant is required to have his/her own digital camera, vehicle, and a mobile phone for immediate contact by the City, show proof of valid California driver's license, and insurance. The Consultant shall download and print any digital camera captured images as necessary to support any non-compliance items identified in the Inspection Form and attach said images to the inspection form and transmit to City.
• Normal working hours are from 8:00 AM to 5:00 PM, Monday through Friday. • The Consultant shall perform other related duties as required.
Inspections:
1. Notify businesses at least a few weeks ahead by regular mail that an inspection is pending within the next month.
a. Visit the business site and meet with Business representative. Ask questions to ascertain Best Management Practices (BMP's) that are implemented by the business to prevent stormwater pollution and explain the purpose for the inspection.
b. Fill out the Commercial/Industry Facility Stormwater Inspection Form. c. Walk the entire perimeter of the facility and observe and fill out all Areas of Activity" on the Commercial/Industry Facility Stormwater Inspection Form. Provide information that would include:
i. Potential/Effectiveness/Actual Discharge for Pollutant Discharge and Remarks section for each area
ii. Comments/Remarks/Requirements Section
iii. Priority for Re-Inspection and Enforcement sections d. If an active discharge is observed during the inspection, the Consultant shall take the necessary steps to stop the discharge and immediately contact the City.
e. Consultant shall refer businesses to contact the City for additional questions beyond the scope of the inspection.
f. When a business representative is NOT available for inspection, Consultant will perform a visual inspection of the exterior and document observations on the Commercial/Industry Facility Stormwater Inspection Form, then drop off or mail the unsigned copy to the business. Facility Representative signature will be signed "not available" by Consultant, and the report shall note that business was not available for consultation. g. Distribute the appropriate BMP handouts provided by the City/ SMCWPPP to business owners/managers, check box and note which were distributed to the business.
h. Sign the report as "Inspector" and have the Business manager sign the bottom of the report. Give Business manager a copy of the signed Commercial/Industry Facility Stormwater Inspection Form. i. All first inspections shall be completed no later than June 15th of each year.
2. For businesses that have potential stormwater violations, Consultant will let the Business manager know at the end of the first inspection that the Business has violation(s) that need to be addressed. Consultant will show the Business manager all violations and/or concerns. Consultant will give Business up to 10 business days to correct the violations (depending on the severity of issues, and potential for material to enter the storm drain - for example, a potential rain event requires that the re-inspection occur before the rain starts). Consultant will inform the Business manager of the expected date of re-inspection.
Consultant will take pictures of any potential problem areas, document number of pictures taken for a site and note that on the Commercial/Industry Facility Stormwater Inspection Form. Consultant will notify the City by the 3rd business day of the week following inspection of all businesses that require a re-inspection.
Re-Inspection:
1. Consultant will email the City weekly (within 3 business days of the week following the inspection) a "re-inspection spreadsheet" list of all businesses that require a re-inspection.
2. Consultant will perform the re-inspections within the appropriate timeframe (generally within 10 business days of the previous inspection).
3. At the re-inspection, Consultant will take the original Commercial/Industry Facility Stormwater Inspection Form for reference and use the form to make comments on whether the business has made the appropriate corrections/changes.
Consultant will take pictures of the areas that were a problem at initial inspection, and email them to the City with the next weekly report. If the Consultant feels that the business is now in compliance and all potential and actual violations have been corrected, then the business inspection is considered complete.
4. If re-inspection is required due to serious violation, Consultant will notify City staff immediately, and City staff will visit site to determine what action, if any, needs to be taken. City staff will notify Consultant if Consultant will be responsible for re- inspection.
Post Inspection Reporting to City:
Send monthly excel (or approved equal) reports (every week inspections are done) electronically to the City (by the 3rd day of the following business week), which shall include the following:
1. Excel (or approved equal) Workbook weekly tab including:
Name of business/address/business type/phone #/date of inspection and inspection results (using a code number - see a./b./c.) a. Inspection complete (no follow-up necessary).
b. Re-inspection - include estimated date that re-inspection will occur and note why re-inspection is required (when complete, use new column for re-inspection date and results code).
c. 2nd Re-inspection - if a 2nd/3rd re-inspection is required - add new columns with date of each re-inspection and results code.
2. Include electronic copy of Inspection Report Form and pictures taken for sites that will require a re-inspection as an attachment to the weekly report, noting which business/address the pictures are for. Picture format should include a date/time notation. Include an electronic copy of inspection with added notes each time a re- inspection is required.
Deliverables:
Consultant will provide the following:
1. Consulting firm contact information (email, phone #, address) for key staff.
2. Monthly (when inspections are performed) - scan and email front page of Completed Commercial/Industry Facility Stormwater Inspection Form to City staff, including pictures taken of siles that require a re-inspection. Busincss name/date/time of picture should be included in file name.
3. Monthly reports with pictures are due to City (via email) by the 3rd day of the week following inspections, as described above under "Post Inspection Reporting to City".
4. Monthly - return completed duplicate originals of all inspections to City (via United States Post Office), along with a monthly updated spreadsheet of inspection status by email to City - include 1st/2nd/3rd inspection notes, # of pics taken for re-inspection reports. Monthly report will be due by the 15th of the following month to the City via email; hardcopy of duplicate originals due by 20th of the following month
5. Inspection notes - comment on problems/potential issues/resolutions.
6. All inspections for each FY shall be complete by June 15" of each year.
7. Information and data to assist City staff in filling out the Annual MRP Report, due no later than July 15'h of each year
8. Inspection Schedule for the following Fiscal Year, due no later than July 15" of each year.
EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percont markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
EXHIBIT B-1
ECA
Environmenta: and Pubic Heo ih Ergretire
2018 FEE SCHEDULE
The following fee schedule corers personnel rates for EOA, Inc. staff.
Our charges are divided into two categories: persannel, and direct expenses. A new fee schedule is issued at the beginning of each year. Charges for all works, except where otter 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 Categor? Hourly Rates
Principal Engineer.... 5271
Manaping Engineer/Scientist I . $263
Managing Enpineer'Scientist II . S249
Managing Engineer/Scientist I.. . S238
Senior Enginaar!Scientist II - Project Lesder $218
Serior Engineer/Scientist Planner II.. $200
Senior Engineer/Scientist/Planner I. $183
Associate Engineer Scientist III... $174
Associate Engineer'Scientist II. $165
Associate Engineer'Scientist I.. . $141
Technician... . $111
Clerical/Computer Data Entry.. $78
Charges for professional services are in increments of one quarter-hour. Depositions/legal testimony charged portal-to- portal, at 200% of standard rates, with a four-bour minimum charge. In accordance with California Cal Procedure 2037.7, bere applicable, the minina fee naut be paid prior to commencamant of testimory: Preparation for Murt 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 esperses include:
• Costs of color map production supplies (color ink and large format paper) Costs or rental of special equipmer
Costs of sutbarised travel outside Bay Aro
Automobile mileage directly related to services, at current IRS rate (2017 rate is S0.535/mile)
INTOICES
EOA. inc. • 1410 Jackson Street • Oaklono, CA 94612 • Tex: (510| 832-2852 • Fox: 1510) 832-2856 Client#: 740 EOAINC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
ACORD™. 12/13/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER NAME. Nancy Ferrick JAME
Dealey, Renton & Associates (AC. No. Ex): 510 465-3090 [AC. No): 510 452-2193 P. O. Box 12675 DREss: [email protected]
Oakland, CA 94604-2675 INSURERS) AFFORDING COVERAGE NAIC # 510 465-3090 INSURER A: Travelers Indemnity Co. of Conn 25682 INSURED INSURER B: Travelers Property Casualty Co 25674 EOA, Inc. INSURER C : Greenwich Insurance Company 22322 1410 Jackson Street
INSURER D:
Oakland, CA 94612
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER
TYPE OF INSURANCE POLICY NUMBER LIMITS
A X COMMERCIAL GENERAL LIABILITY 6806H44171A 10/11/2017 10/11/2016 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR $1,000,000
MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $2,000,000
GEN'I AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRO-
| POLICY X LOC PRODUCTS - COMP/OP AGG
JECT 54,000,000
OTHER:
A AUTOMOBILE LIABILITY Y Y BA6462L382 10/11/2017 10/11/2018, CaNEN SINGLE IMIT $1,000,000 ANY AUTO BODILY INJURY (Per person)
ALL OWNED SCHEDULED BODILY INJURY (Per accident) s
AUTOS AUTOS
X HIRED AUTOS NON-OWNED ROPERTY DAMAGE
AUTOS Per accident
X UMBRELLA LIAB X OCCUR Y Y CUPT777Y43A 10/11/2017 10/11/2018 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000
DED | RETENTIONS
WORKERS COMPENSATION Y UB6J796552 10/11/2017 10/11/2018 X STATUTE.
AND EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $1,000,000
INIA
(Mandatory in NH) EL. DISEASE - EA EMPLOYEE $1,000,000
OESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT |$1,000,000 Professional PEC000094417 02/09/2017 02/09/2018 $2,000,000 per Claim Liability $2,000,000 Anni Aggr.
RE: Al Operations of the Named Insured. The City of Pacifica, Its City Council, Boards, commissions, committees, officers, employees and agents are named as Additional Insured for General and Auto Liability as required by written contract or agreement. Insurance is Primary and Non-Contributory and a Severability of Interest Clause applies per policy form. 30 Days Notice of Cancellation.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Pacifica THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 170 Santa Maria Avenue
Pacifica, CA 94044 AUTHORIZED REPRESENTATIVE
21 C.
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) $522025649/M2205582091 The ACORD name and logo are registered marks of ACORD NMF
COMMERCIAL GENERAL LIABILITY
Policy Number: 6806H44171A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II - WHO IS its of insurance described in Section Ill - Lim- AN INSURED: its Of Insurance.
Any person or organization that you agree in a h. This insurance does not apply to "bodily inju- "written contract requiring insurance" to include as ry" or "property damage" caused by "your an additional insured on this Coverage Part, but: work" and included in the "products- completed operations hazard" unless the
a. Only with respect to liability for "bodily injury", "written contract requiring insurance" specifi- "property damage" or "personal injury": and cally requires you to provide such coverage b. If, and only to the extent that, the injury or for that additional insured, and then the insur- damage is caused by acts or omissions of ance provided to the additional insured ap- you or your subcontractor in the performance plies only to such "bodily injury" or "property of "your work" to which the "written contract damage" that occurs before the end of the pe- requiring insurance" applies, or in connection riod of time for which the "written contract re- with premises owned by or rented to you. quiring insurance" requires you to provide such coverage or the end of the policy period,
The person or organization does not qualify as an
whichever is earlier.
additional insured:
2. The following is added to Paragraph 4.a. of SEC-
c. With respect to the independent acts or omis- TION IV - COMMERCIAL GENERAL LIABILITY sions of such person or organization; or
CONDITIONS:
d. For "bodily injury", "property damage" or "per-
The insurance provided to the additional insured
sonal injury" for which such person or organi-
is excess over any valid and collectible other in-
zation has assumed liability in a contract or surance, whether primary, excess, contingent or agreement. on any other basis, that is available to the addi- The insurance provided to such additional insured tional insured for a loss we cover. However, if you is limited as follows: specifically agree in the "written contract requiring e. This insurance does not apply on any basis to insurance" that this insurance provided to the ad- any person or organization for which cover- ditional insured under this Coverage Part must age as an additional insured specifically is apply on a primary basis or a primary and non- added by another endorsement to this Cover- contributory basis, this insurance is primary to age Part. other insurance available to the additional insured This insurance does not apply to the render- which covers that person or organizations as a ing of or failure to render any "professional named insured for such loss, and we will not services". share with the other insurance, provided that:
g. In the event that the Limits of Insurance of the (1) The "bodily injury" or "property damage" for Coverage Part shown in the Declarations ex- which coverage is sought occurs; and ceed the limits of liability required by the "writ- (2) The "personal injury" for which coverage is ten contract requiring insurance", the insur- sought arises out of an offense committed; ance provided to the additional insured shall
after you have signed that "written contract requir-
be limited to the limits of liability required by ing insurance". But this insurance provided to the that "written contract requiring insurance".
additional insured still is excess over valid and
This endorsement does not increase the lim-
CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission
COMMERCIAL GENERAL LIABILITY
collectible other insurance, whether primary, ex- such person or organization signed by you be- cess, contingent or on any other basis, that is fore, and in effect when, the "bodily injury" or available to the additional insured when that per- "property damage" occurs, or the "personal injury" son or organization is an additional insured under offense is committed. any other insurance.
4. The following definition is added to the DEFINI-
3. The following is added to Paragraph 8., Transfer TIONS Section:
Of Rights Of Recovery Against Others To Us, "Written contract requiring insurance" means that of SECTION IV - COMMERCIAL GENERAL LI- part of any written contract under which you are ABILITY CONDITIONS: required to include a person or organization as an We waive any right of recovery we may have additional insured on this Coverage Part, provid- against any person or organization because of ed that the "bodily injury" and "property damage" payments we make for "bodily injury", "property occurs and the "personal injury" is caused by an damage" or "personal injury" arising out of "your offense committed:
work" performed by you, or on your behalf, done a. After you have signed that written contract; under a "written contract requiring insurance" with
that person or organization. We waive this right b. While that part of the written contract is in ef- only where you have agreed to do so as part of fect; and "written contract requiring insurance" with c. Before the end of the policy period.
Includes the copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: BA6462L382 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: EOA, Inc.
Endorsement Effective Date: 10/11/2017
SCHEDULE
Name Of Person(s) Or Organization(s):
The City of Pacifica, its City Council, boards, commissions, committees, officers, employees and agents Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II -
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 EOA, Inc.
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (00) -
POLICY NUMBER: UB6J796552
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization: Job Description:
City of Pacifica
Attn: City Manager
170 Santa Maria Avenue
Pacifica, CA 94044
DATE OF ISSUE: 10/11/2017
Agreement_EOAlnc_20171211_Amend1_Pacific
aMRPBusiness Inspection
Final Audit Report 2022-07-01
Created: 2022-07-01
By: Monique Martin ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA3uМgyoNLkudtHVqBESQodEs03S4bC42Q "Agreement_EOAlnc_20171211_Amend1_PacificaMRPBusiness
Inspection" History
2 Document created by Monique Martin ([email protected]) 2022-07-01 - 0:21:55 AM GMT - IP address: 96.82.82.153
2, Document emailed to kwoodhouse @pacifica. gov for signature 2022-07-01 - 0:22:31 AM GMT
3 Email viewed by [email protected]
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Email viewed by Sarah Coffey ([email protected])
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Go Document e-signed by Sarah Coffey ([email protected]) Signature Date: 2022-07-01 - 6:21:35 PM GMT - Time Source: server- IP address: 68.65.68.29 • Agreement completed.
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