HomeMy WebLinkAboutAGENDA REPORT 2017 0517 CCSA REG ITEM 10F ITEM 10.F.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
,f_ J-f1- 22i'I
ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT v
TO: Honorable City Council
FROM: Sean Corrigan, City Engineer/Public Works Director
Prepared by: Shaun Kroes, Program Manage
DATE: May 5, 2017 (CC Meeting of 05/17/17)
-SUBJECT: Consider Agreement with RJR Engineering Group, LLC, for
Stormwater Inspection Services
BACKGROUND/DISCUSSION
The City of Moorpark is regulated by the Los Angeles Regional Water Quality Control
Board (RWQCB) Municipal Storm Water National Pollutant Discharge Elimination
System (NPDES) Permit 10-0108 (Permit). The City performs inspection services once
every two years at various business types as required by the Permit. In general, the
City is required to inspect food facilities, automotive facilities, industrial facilities, laundry
facilities, and nursery/feedlot facilities. Inspections were last performed in 2015 and the
time has come for another round of inspections. The City has received a price quote in
the amount of $19,923.44 from RJR Engineering Group, LLC (RJR) for inspection
services.
FISCAL IMPACT
RJR's proposal is for $19,923.44. The draft agreement includes a contingency of
$2,076.56, for a total not to exceed amount of $22,000.00. The contingency will be used
if RJR discovers additional facilities that require inspection services not previously
identified by the City and/or if more than ten percent (10%) of the inspected facilities
require additional inspections after failing the first inspection. Facilities that are subject to
inspection pay a business inspection fee as part of their annual Business Registration.
Facilities that fail their inspection and require follow-up inspections are invoiced directly by
the City for the follow-up inspections. Revenue from inspection fees goes to the General
Fund (1000). There are sufficient funds in the FY 2016/17 Budget for the inspection
176
Honorable City Council
May 17, 2017
Page 2
services. If work is not completed by June 30, 2017, the purchase order and remaining
funds will be carried forward into FY 2017/18.
STAFF RECOMMENDATION
Award Agreement to RJR Engineering Group, LLC, and authorize the City Manager to
execute the Agreement in the amount of$19,923.44, with a contingency of$2,076.56 for
a total not to exceed amount of $22,000.00, subject to final language approval by the City
Manager.
Attachment: Agreement
177
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
RJR ENGINEERING GROUP, LLC, FOR MOORPARK STORMWATER INSPECTIONS
THIS AGREEMENT, made and effective as of this day of
, 201_, between the City of Moorpark, a municipal
corporation ("City") and RJR Engineering Group, LLC, a limited liability company
("Consultant"). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
WHEREAS, City has the need for stormwater inspection services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Cost Form, which is attached
hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to December 31,
2017, unless this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide stormwater inspection services, as set forth in Exhibit A.
In the event there is a conflict between the provisions of Exhibit A and this Agreement,
the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit A.
Consultant shall complete the tasks according to the schedule of performance, which is
also set forth in Exhibit A.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value of nineteen thousand nine hundred twenty-three dollars and forty-four cents
($19,923.44) as stated in Exhibit B plus a contingency in the amount of two thousand
seventy-six dollars and fifty-six cents ($2,076.56) for a total contract value of twenty-two
thousand dollars ($22,000.00), without a written amendment to the Agreement executed
by both parties. Payment by City to Consultant shall be in accordance with the
provisions of this Agreement.
178
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Robert Anderson, and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, based upon
actual time spent on the above tasks. This amount shall not exceed a total contract
value of nineteen thousand nine hundred twenty-three dollars and forty-four cents
($19,923.44), plus a contingency in the amount of two thousand seventy-six dollars and
fifty-six cents ($2,076.56) for a total contract value of twenty-two thousand dollars
($22,000.00) for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
Consultant shall not be compensated for additional services rendered in
connection with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shallbe
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Consultant's fees or expenses it shall give written notice to Consultant
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
RJR Engineering Group, LLC Page 2 of 10 17 9
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to, make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligenceof the
Consultant, it shall not be considered a default.
If the City Manager or the City Manager's designee determines that the
Consultant is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Consultant a written notice of
the default. The Consultant shall have ten (10) days after service upon it of said notice
in which to cure the default by rendering a satisfactory performance. In the event that
the Consultant fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred twenty-five dollars ($125.00) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Consultant
under the terms of this Agreement. Progress payments made by the City after the
RJR Engineering Group, LLC Page 3 of 10 18 0
above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents ("City Indemnitees") from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the
Consultant's performance of its obligations under this Agreement or out of the
operations conducted by Consultant, including the City's active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Consultant's performance of this Agreement,
the Consultant shall provide a defense to the City Indemnitees or at the City's option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels' fees incurred in defense of such claims.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subconsultant, or any
other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
RJR Engineering Group, LLC Page 4 of 10 181
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit C attached hereto and
- incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
For City business purposes, position titles utilized by Consultant's employees
shall be approved by the City Manager or his/her designee. All correspondence and
written documents prepared on behalf of the City, including but not limited to letters,
memorandums, emails, forms, and permits, shall clearly identify Consultant's
employees as employed by RJR Engineering Group, LLC, to the satisfaction of the City
Manager or his/her designee. Additionally, Consultant shall provide its employees with
business cards that clearly identify RJR Engineering Group, LLC as the employer and
include both City and Consultant office contact information to the satisfaction of the City
Manager or his/her designee. Consultant shall also provide its employees with metal
RJR Engineering Group, LLC Page 5 of 10 18 2
name badges that include the employee's name, RJR Engineering Group, LLC and
"Independent Contractor for City of Moorpark", to the satisfaction of the City Manager or
his/her designee. The name badge shall be worn at all times while conducting the
business of the City pursuant to this Agreement.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Consultant shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
RJR Engineering Group, LLC Page 6 of 10 18 3
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of. this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Robert Anderson
RJR Engineering Group, LLC
2340 Palma Drive, Suite 200
Ventura, California 93003
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
RJR Engineering-Group, LLC Page 7 of 10 184
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the State of California shall govern
the rights, obligations, duties, and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
Exhibit A (Scope of Services), Exhibit B (Cost Form), Exhibit C (Insurance
Requirements), Exhibit D (Stormwater Inspection Checklist for Commercial ,
RJR Engineering Group, LLC Page 8 of 10 18 5
Businesses), and Exhibit E (Stormwater Inspection Checklist for Industrial Facilities),
are hereby incorporated and made a part of this Agreement.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
RJR Engineering Group, LLC Page 9 of 10 18 6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK RJR ENGINEERING GROUP, LLC
Steven Kueny, City Manager Robert Anderson, President
Attest:
Maureen Benson, City Clerk
RJR Engineering Group, LLC Page 10 of 10 18 7
Exhibit A
Moorpark Stormwater Inspections
Scope of Services
Consultant shall perform stormwater inspection services for approximately 160 facilities
in the City. Consultant shall inspect the following designated facilities:
1. Food Facilities (105)
2. Auto-related Facilities (35)
3. Industrial Facilities —with current State Industrial Permit (9)
4. Laundry Facilities (8)
5. Nursery/Feed Store Facilities (3)
Consultant shall provide the following inspection services for each facility:
1. Consultant shall use the City's stormwater inspection checklists (Exhibit D:
Stormwater Inspection Checklist for Commercial Businesses and Exhibit E:
Stormwater Inspection Checklist for Industrial Facilities) when performing
inspections. Consultant shall have the option of either converting the document
to an electronic format when performing the inspections or, using hard copy
inspection forms. If Consultant usesan electronic version, Consultant shall
provide the inspected facility with either an electronic version of the inspection
result or provide the inspected facility with a hard copy of the inspection result.
The inspected facility shall be allowed to determine which format it wants to
receive.
2. When inspecting food facilities, Consultant shall provide each business with a
copy of the "Illicit Discharge Prevention for Business Owners" brochure and
"Clean Working in Our Watershed" poster for food facilities. The City shall
provide the documents to Consultant.
3. When inspecting auto-related facilities, Consultant shall provide each business
with a copy of the "Illicit Discharge Prevention for Business Owners" brochure
and "Clean Working in Our Watershed" poster for auto-related facilities. The City
shall provide the documents to Consultant.
4. When inspecting laundry facilities, Consultant shall provide each business with a
copy of the "Illicit Discharge Prevention for Business Owners" brochure. The City
shall provide the documents to Consultant. Consultant shall inform the City of
any dry-cleaning facilities that do not perform cleaning services on site or within
the City limits, as those facilities do not require inspection.
5. When inspecting nursery/feed lot facilities, Consultant shall provide each
business with a copy of the "Illicit Discharge Prevention for Business Owners"
brochure and "Clean Working in Our Watershed" poster for nursery/feed lot
facilities. The City shall provide the documents to Consultant. Consultant shall
188
not be required to inspect any wholesale nursery facility within the City as they
are covered under the Conditional Ag Waiver.
6. When inspecting industrial facilities, Consultant shall provide each business with
a copy of the "Illicit Discharge Prevention for Business Owners" brochure.
7. If Consultant identifies facilities identified for follow-up inspections due to
violations, Consultant shall notify City staff within two (2) business days of the
inspection. City staff will then confirm if a re-inspection is warranted. Re-
inspection (if approved) of the violating site must occur within four (4) weeks of
the original inspection.
8. After inspections are completed, Consultant shall provide the City with a report
that includes the following:
i. All facility inspection forms, including notes indicating which facilities
received follow-up inspections and results of follow-up inspections (if any).
(Minor violations, such as failure to close trash/recycling bin lids do not
justify a follow-up inspection.)
ii. Photographs of noted violations at each facility.
iii. Summary of the total number of facilities inspected, number of facilities
required to be re-inspected, the number of new facilities discovered while
performing inspections, and the number of any facilities found to be out of
business.
9. Initial inspections are expected to be completed by June 30, 2017. The City may
extend the due date if the City determines that additional time is required to
complete the initial inspections.
10.Consultant shall notify City if Consultant has expended ninety percent (90%) or
more of the amount budgeted for inspections and/or re-inspections. City staff
and Consultant shall determine if Agreement needs to be amended to increase
Consultant's cost proposal prior to completion of all inspections.
Agreement for Storm water Inspection Services
Exhibit A— Scope of Services
Page 2
189
Exhibit B
Moorpark Stormwater Inspections
Cost Form
Consultant agrees to provide services in accordance with the Scope of Services (Exhibit
A) for the amount detailed below.
Inspection Services — Initial Inspections (160 Locations / 1 hour per site)
Estimated Number of Hours: 160 ($104.38/hr) Not to Exceed: $16,700.80
II. Inspection Services — Re-inspections (10 percent assumed)
Estimated Number of Hours: 16 ($104.38/hr) Not to Exceed: $1,670.08
III. Additional Fees _
Consultant shall provide details of additional expenditures it intends to invoice
the City for, such as lodging, supplies, etc. Include markup (shall not exceed
10% of cost). Provide additional pages if necessary.
a. Final Report and Spreadsheet Not to Exceed: $ 1,252.56 (12 hours)
b. Reproduction Not to Exceed: $ 300.00
c. Not to Exceed: $
d. Not to Exceed: $
IV. Invoice Requirements
Consultant shall provide staff positions and hourly rates that shall be used
when invoicing the City for services. Consultant's invoices shall provide
specific staff and the number of hours spent on each inspection service
category (food, auto, industrial, laundry, nursery/feed). Requests for payment
for items detailed under Additional Fees shall include receipts of payment
from Consultant. Consultant's markup of third party expenses shall not
exceed ten percent (10%) and must have already been accounted for in
Section III of the Cost Form. The City shall not provide payment for services
and/or expenses not identified on the Cost Form.
190
Exhibit C
Insurance Requirements
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
Agreement for Stormwater Inspection Services
Exhibit C—Insurance Requirements
Pagel 191
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of-the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
Agreement for Stormwater Inspection Services
Exhibit C—Insurance Requirements _
Page 2 192
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Consultant agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant 90
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
Agreement for Stormwater Inspection-Services
Exhibit C—Insurance Requirements
Page 3 19 3
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
Agreement for Storm water Inspection Services
Exhibit C—Insurance Requirements
Page4 194
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
Agreement for Stormwater Inspection Services
Exhibit C—Insurance Requirements
Page 5 19 5
Work Order#:Exhibit D
ly- City of Moorpark-Public Works Dept.805-517-6257
fArciIAA STORMWATER INSPECTION CHECKLIST FOR COMMERCIAL BUSINESSES
%-'wQi ! 0 FOOD SERVICE, ❑ AUTO-RELATED 0 LAUNDRY 0 NURSERY FACILITIES
INSPECTION TYPE: 0 1"Routine' 0 2n°Routine2 0 Complaint Response ❑Follow-up Visit
INSPECTION DATE: TIME:
INSPECTOR NAME: PHONE#:
FACILTY NAME:
FACILTY ADDRESS:
FACILTY CONTACT NAME: PHONE#:
FACILITY CONTACT SIGNATURE(acknowledging receipt of insp.):
FACILITY SIC/NAICS# CATEGORY:
FACILITY IS LOCATED IN Callequas Creek Watershed and discharges to Arroyo Simi.
Does Facility discharge to MS4 that directly discharges to an ESA? D Yes❑No If yes,is there an approved TMDL Implementation Plan? ❑Yes 0 No
BMP# Inspection Criteria Yes No 3 N/A
Unauthorized Non-stormwater discharges.
1 SC-10 Are controls being implemented to eliminate non-stormwater discharges?
Accidental Spills/Leaks.
2 SC-11 Is the facility effectively preventing and responding to spills and leaks?
Vehicle/Equipment Fueling. Are effective fueling source control devices and practices being
3 SC-20 implemented?
Vehicle/Equipment Cleaning. Are effective equipment/vehicle cleaning practices and
4 SC-21 appropriate wash water management practices being implemented?
Vehicle/Equipment Repair. Are effective vehicle/equipment repair practices and source
5 SC-22 control devices being implemented?
Outdoor Loading/Unloading. Are effective outdoor loading/unloading practices being
6 SC-30 implemented?
Outdoor Liquid Storage. Are effective outdoor liquid storage source controls and practices
7 SC-31 being implemented?
Outdoor Equipment Operations. Are effective outdoor equipment source control devices
8 SC-32 and practices being implemented?
Outdoor Storage of Raw Materials. Are effective source control practices being implemented
9 SC-33 and appropriate structural devices being used and maintained?
Storage and Handling of Solid Waste. Are effective solid waste storage/handling practices
10 SC-34 and control measures being implemented?
Grease Trap Info. Is Grease Trap being properly maintained?
11 Size of Trap Last Svc.Date:
Waste/Hazardous Materials Storage,Handling&Disposal. Are effective storage,
12 MunicipaIfty handling and disposal,procedures for hazardous materials being implemented?
Building and Grounds Maintenance.
13 SC-41 Are effective facility maintenance practices being implemented?
Parking/Storage Area Maintenance. Are effective parking/storage area designs and
14 SC-43 housekeeping/maintenance practices being implemented?
Storm Water Conveyance System Maintenance Practices. Are proper conveyance system
15 SC-44 operation and maintenance protocols being implemented?
Post Construction Treatment Device. If facility has treatment device,is it being properly
16 maintained? Device Type:
115 Routine inspection is due by 7/8/2012;22n°Routine inspection is due not earlier than 6 months after the 1"insp.and not later than 7/8/2015
3Note Violation/Correction Needed in Comments Section
ENFORCEMENT ACTION TAKEN
Verbal Warning - Cease&Desist Order Issued
Notice of Noncompliance(15T written notice via City Storm Water Mgr.It.) Referred to LA Regional Water Board
Administrative Compliance Order Issued(2n°written notice via City PW Dir.Itr.) Legal Action Initiated
FOLLOW-UP INSPECTION NECESSARY? YES NO
OUTREACH MATERIAL GIVEN TO FACILITY:
(List type of material(Business brochure,BMP fact sheet#)
COMMENTS:(Identify#violated above,type of violation and suggested corrective action needed.)
White—Storm Water File Yellow—Storm Water Inspector Pink—Facility Copy 10-10-2011 19 6
City of Moorpark-Public Works Dept.805-517-6257 Work Order#:Exhibit E
'4 STORMWATER INSPECTION CHECKLIST FOR INDUSTRIAL FACILITIES
so
INSPECTION TYPE: ❑1"Routine' 0 2nd Routine-With Exp.2 ❑2nd Routine-No Exp.3 ❑Complaint Response ❑Follow-up Visit
INSPECTION DATE: TIME:
INSPECTOR NAME: PHONE#:
FACILTY NAME:
FACILTY ADDRESS:
FACILTY CONTACT: PHONE#:
FACILITY CONTACT SIGNATURE(acknowledging receipt of insp.):
FACILITY SIC/NAICS#: CATEGORY:
FACILITY IS LOCATED IN Callequas Creek Watershed and discharges to Arroyo Simi
(Circle one water body(Wa))
Does Facility discharge to MS4 that directly discharges to an ESA?0 Yes 0 No If yes,is there an approved TMDL Implementation Plan?0 Yes 0 No
State Industrial NPDES Permit Information Yes No4 N/A
Does facility have coverage/WDID#under State Industrial Permit?
WDID#:
If facility has coverage/WDID#under State Industrial Permit,does facility have SWPPP on site?
If facility's SIC code is identified in Category 10 of Attachment 1 to the Industrial Permit,does facility have any
industrial materials,equipment or activities that are exposed to stormwater?[Category 10 includes:SICs 20,21,22,
23,2434,25,265,267,27,283,285,30,31(except 311),323,34(except 3441),35,36,37(except 373),38,39 or 4221-4225]
If a Category 10 SIC facility and no exposure,did facility file a Notice of Non-Applicability with the LARWQCB?
Date filed: LARWQCB Approval Letter Received:
BMP# BMP Inspection Criteria Yes No4 N/A
SC-10 Unauthorized Non-stormwater discharges
1 Are controls being implemented to eliminate non-stormwater discharges?
SC-11 Accidental Spills/Leaks
2 Is the facility effectively preventing and responding to spills and leaks?
SC-20 Vehicle/Equipment Fueling
3 Are effective fueling source control devices and practices being implemented?
SC-21 Vehicle/Equipment Cleaning
Are effective equipment/vehicle cleaning practices and appropriate wash water management
4 practices being implemented?
SC-22 Vehicle/Equipment Repair
Are effective vehicle/equipment repair practices and source control devices being
5 implemented?
SC-30 Outdoor Loading/Unloading
6 Are effective outdoor loading/unloading practices being implemented?
SC-31 Outdoor Liquid Storage
7 Are effective outdoor liquid storage source controls and practices being implemented?
SC-32 Outdoor Equipment Operations
• 6 Are effective outdoor equipment source control devices and practices being implemented?
SC-33 Outdoor Storage of Raw Materials
Are effective source control practices being implemented and appropriate structural devices
9 being used and maintained?
SC-34 Storage and Handling of Solid Waste
10 Are effective solid waste storage/handling practices and control measures being implemented?
Grease Trap Information
Is Grease Trap being properly maintained?
11 Size of Trap: Last Svc.Date:
By Waste/Hazardous Materials Storage,Handling&Disposal
Munidpalily Are effective storage,handling and disposal procedures for hazardous materials being
12 implemented?
SC-41 Building and Grounds Maintenance
13 Are effective facili maintenance.ractices bein•implemented?
SC-43 Parking/Storage Area Maintenance
Are effective parking/storage area designs and housekeeping/maintenance practices being
14 implemented?
SC-44 Storm Water Conveyance System Maintenance Practices
15 Are proper conveyance system operation and maintenance protocols being implemented?
16 Appendix D Fact Sheets.If applicable,is facility applying requirements on these fact sheets?
Post Construction Treatment Device
If facility has treatment device,is it being properly maintained?
17 Device Type:
11"Routine insp.due 7/8/2012;22nd Routine-With Ems.Fac.with exposure inspection due not earlier than 6 mos.after theft insp.¬ later than 7/8/2015
32'Routine:No Exp.Facility inspection due yearly at min.of 20%of facilities determined not to have exposure
Note violation/correction needed in comments section
ENFORCEMENT ACTION TAKEN
Verbal Warning Cease&Desist Order Issued
Notice of Noncompliance(1V"written notice via City Storm Water Mgr.ftr.) Referred to LA Regional Water Board
Administrative Compliance Order Issued(2nd written notice via City PW Dir.It) Legal Action Initiated
FOLLOW-UP INSPECTION NEEDED: 0 YES 0 NO
OUTREACH MATERIAL GIVEN TO FACILITY:
(List type of material-Business Brochure,BMP fact sheet#)
COMMENTS:(Identify#violated above,type of violation and suggested corrective action needed)
197
White—Storm Water File Yellow—Storm Water Inspector Pink—Facility Copy 10-10-2011