HomeMy WebLinkAboutContracts & Agreements_103-2024AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of National Pollutant Discharge Elimination System
(NPDES) program management support services ("Agreement") is made and entered in this 4th
day of June, 2024 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and CASC Engineering & Consulting, Inc., a California corporation
("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party"
and, together, as the "Parties." In consideration of the mutual promises contained herein, City
and Consultant agree as follows:
ARTICLE 1 — ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide National Pollutant Discharge Elimination
System (NPDES) program management support services for City (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional -consultants -in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," titled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with applicable federal, state, and local laws and regulations in
the performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City designates John R. Harris, Municipal Utilities and Engineering Department Director,
as City's representative with respect to performance of the Services, and such person
shall have the authority to transmit instructions, receive information, interpret, and define
City's policies and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is
attached hereto and incorporated herein by reference.
4.2 Consultant shall complete the Services by June 30, 2025, unless the Services are
terminated earlier as provided for herein.
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4.3 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to City, consistent with City
Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a
copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 Compensation: Total compensation for Consultant's performance of the Services shall
not exceed the amount of One Hundred Ninety -Nine Thousand Nine Hundred Ninety -Six
Dollars and Eighty Cents ($199,996.80). City shall pay Consultant on a time and
materials basis up to the not to exceed amount in accordance with Exhibit "C," titled
("Cost Proposal") which is attached hereto and incorporated herein by reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the Services. City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile or electronic mail transmission (including
PDF), if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail; in each case properly posted and fully prepaid to the
appropriate address set forth below, or such other address as a Party may provide notice
in accordance with this section:
CITY:
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
CONSULTANT:
Melanie Sotelo, Associate Vice President
CASC Engineering & Consulting, Inc.
1470 East Cooley Drive
Colton, CA 92324
Email: msotelo@cascinc.com
Phone: (909) 835-0313
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not
perform any Services unless and until the required insurance listed below is obtained by
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Consultant. Consultant shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services. Insurance policies
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws
of the State of California. Consultant shall execute and provide City with Exhibit
"D," titled "Workers' Compensation Insurance Certification," which is attached
hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required. City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim
made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability. This coverage shall include all' Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the
Services without the prior written consent of City. In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses or liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent act or omission by, or the willful misconduct of, Consultant,
or its officers, employees and agents in performing the Services.
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ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
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assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Consultant. Upon
receipt of a termination notice, Consultant shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree
that all actions or proceedings arising in connection with this Agreement shall be tried
and litigated only in the state courts located in San Bernardino County, California, and
the federal courts located in Riverside County, California.
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8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF RE
B
ddie Tejeda, Mayor
ATTEST:
e Donaldson, City Clerk
CASC ENGINEERING & CONSULTING, INC.
By:
Melanie Sotelo, Associate Vice President
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EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT has assigned a dedicated and experienced Project Manager, Melanie Sotelo, to
this project, who will be the main point of contact for City staff. However, CONSULTANT's
experience provides insight that the Project Manager may not always be immediately available
for a quick call or last-minute item. To address this, CONSULTANT has implemented the
concept of parallel management to serve the City.
• Parallel Project Management: CONSULTANT proposes a parallel management
approach that involves continual internal communication between the Project Managers.
Alongside Ms. Sotelo, Joyce Goode and Samantha Brewer will serve as Assistant
Project Managers for this contract. Together, they will be available to meet the needs of
the City via text, phone call, or email, ensuring that any immediate item or
communication can be quickly addressed.
CONSULTANT has reviewed the Scope of Work outlined in the RFP and has experience
providing the listed services. CONSULTANT will act as a "one -stop -shop" for the City. Our full -
service water quality team is available to support the Project Manager and Assistant Project
Managers in meeting the City's needs. Furthermore, CONSULTANT will provide services to
assist the City in complying with the requirements of the current 2009 MS4 permit and the
upcoming 2024 MS4 Permit. CONSULTANT has reviewed and acknowledges the Scope of
Services listed in the RFP and offers the following generalized summary approach for this
Project.
TASK 1. FIELD INVESTIGATION AND INSPECTIONS
CONSULTANT's inspectors will provide the City with commercial and industrial -related
inspection services. CONSULTANT will conduct the inspections to assist the City with fulfilling
all requirements contained in the current Permit. After the adoption of the 2024 Permit,
CONSULTANT will comply with the requirements for commercial and industrial inspections.
Inspection Preparation, Procedures, and Database Management
CONSULTANT's inspectors are experts in both the MS4 Permit and the Industrial General
Permit. Our inspectors are experienced in conducting all MS4 permit -related inspections, as well
as FOG -related inspections to identify potential SSOs. Inspections will follow the general
protocol outlined below:
• Inspection Schedule: CONSULTANT will utilize the existing schedule and assigned
priorities provided by the City. Inspections will be conducted geographically to increase
efficiency in the field. In order to complete all inspections required annually for all
priorities, CONSULTANT will schedule inspections to be conducted on a weekly basis,
weather permitting, to ensure the City remains compliant with inspection requirements of
the Permit. CONSULTANT will also provide services for on -call emergency/complaint-
driven inspections for non -compliant commercial or industrial facilities.
o Year 1 — The City has identified 1260 facilities that need inspection.
CONSULTANT will focus on conducting and completing these inspections.
o Year 2 — Based on the total number of facilities and priorities identified in the
RFP, the City will need to conduct 986 inspections annually, plus new facilities
that must be scheduled within 45 days under the 2024 Permit requirements.
Consultant will schedule inspections based on these parameters.
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• Consider peak business hours: Inspections will be scheduled to avoid peak business
hours.
• Team Assignments: The Project Manager will assign inspections to appropriately
credentialed staff depending on the scope of inspection service required. The assigned
inspectors will conduct themselves and dress professionally in a manner appropriate for
conducting activities as representatives of the City.
• Inspection Preparation: As applicable, assigned inspectors will review the project's
plan information, SMARTS, compliance history, and project notes.
• Perform Inspections: The Inspector arrives at the facility and walks the facility with the
owner/operator to observe facility layout, BMP installation, interceptors, and/or facility
activities, existing and potential compliance issues, and discharges, if any. The inspector
meets with the site representative, as directed by the City, to review findings and
concerns or to provide corrective action as needed. CONSULTANT will provide site -
specific educational materials and pamphlets to facilities during the inspection.
Educational materials to be provided by the City.
o For Industrial Sites: CONSULTANT will verify that industrial facilities with SIC
codes regulated by the Industrial General Permit (IGP) have NOI, NEC, or NONA
coverage. CONSULTANT will also verify that a SWPPP is available for review at
the time of the inspection. If there is a potential the facility is in violation of the
IGP, CONSULTANT will assist the City in reporting the potential violations to the
Regional Board. If an industrial facility with an IGP-regulated SIC code does not
have IGP coverage, Consultant will assist the City in reporting them as potential
non -filers to the Regional Board.
• Documentation: All inspection findings will be entered into an inspection database, i.e.,
CloudCompli or GIS. CONSULTANT will use the City's inspection platform to complete
inspections on CONSULTANT mobile devices. If the City is no longer using CloudCompli
or other inspection platform, CONSULTANT will utilize ArcGIS mobile and web
applications that have been developed using existing County inspection templates to
document all inspections. Photo documentation will occur for each inspection. Reports
will be emailed to facilities if an email address is provided by the owner/operator.
• Notices of Non -Compliance: The Inspector will conduct a walkthrough of the facility
and identify practices that may result in an illicit discharge to the storm drain system.
Facilities found to be in non-compliance will be discussed with City staff and any form of
enforcement actions beyond the issuance of a Notice of Non -Compliance will be at the
discretion of the City of Redlands. The Inspector will obtain photos of instances of non-
compliance. CONSULTANT will notify the City of Redlands of all facilities found in non-
compliance along with all relevant information, including the reason(s) for the issuance
of the Notice of Non -Compliance, if applicable. If immediate threats to the health and
safety of the public and/or the environment are observed, including illicit connections, or
illegal discharges, the City will be contacted immediately.
• Database management: Database management is an essential component in assisting
with inspection compliance. CONSULTANT will maintain the City's inspection database
for inspection scheduling, enforcement, and annual reporting. If the City does not have a
database, CONSULTANT will use a GIS database to house the inspection data.
CONSULTANT assumes the City is the owner of all data and the City has consulted with
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its legal team to approve CONSULTANT housing inspection data within
CONSULTANT's AGOL account.
• Quality control and oversight: CONSULTANT Project Managers will review inspection
reports for consistency, non-compliance issues, and potential reporting needs.
• Deliverables: If the City does not have its own inspection platform, CONSULTANT will
provide the City with PDF copies of all inspections, Excel/CSV spreadsheets of the
inspection data, and Excel/CSV spreadsheets of the inspection inventory.
TASK 2. ANNUAL REPORT PREPARATION
CONSULTANT has extensive experience in MS4 Annual Report preparation and understands
that providing the City time for review and comment on the internal draft of the report is
essential to preparing a solid report.
• CONSULTANT will provide all information regarding inspections conducted by
Consultant.
• CONSULTANT will provide recommendations on items for inclusion in the Annual
Report.
• CONSULTANT will work with City staff to obtain the information required for reporting.
CONSULTANT will prepare the Annual Report with one (1) internal draft review period
consisting of two (2) weeks to allow sufficient review time.
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EXHIBIT "B"
PROJECT SCHEDULE
ACTIVITY
PLAN DATE
PLAN
DURATION -
WEEKS
TIMELINE- WEEKS
Jun-24
Jul-24
Aug-24
Sep-24
Oct-24
Nov-24
Dec-24
Jan-25
Feb-25
Mar-25
Apr-25
May-25
Jun-25
x Project NTP 5-Jun-24 0
2 Kick-off Meeting 14-Jun-24 '1
3 Casc - Database Development 21-Jun-24 1
4 Casc-Develop Applications 28-Jun-24 1
5 Casc - Conduct inspections 31-Dec-24 25
Casc - Project Reporting &
6 Close Out 30-Jun-25 1
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EXHIBIT "C"
COST PROPOSAL
[Attached]
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Project
Annual Estimate and Billing Rates
Other Direct Costs
City of Redlands
NPDES Program Management
Support Services
FEE ESTIMATE
CASC Engineering and Consulting,
Inc.
Position and
Name »>
Project Manager
Asst Project
Managers
Senior Inspector
Field Inspector/
Program Support
GIS Speacialist
Project Coordinator
Labor Subtotal
no
v
2
Other Direct Cost
Subtotal
Total by Task
Task
Task Description
Billing Rate »>
$195.00
$145.00
$120.00
$112.00
$120.00
$100.00
Unit Rate »>
$ 0.67
I
Field Investigation and Inspections
Database Management
Est. Hours »>
10
16
26
Est. Units »>
Est. Amount »>
$ -
$ 1,450.00
$ -
$ -
$ 1,920.00
$ -
$ 3,370.00
Est. Amount »>
$ -
$ -
$ 3,370.00
Inspection Services for
commercial and industrial sites
Est. Hours »>
2
50
12
1620
9
1693
Est. Units »>
5,040
Est. Amount »>
$ 390.00
$ 7,250.00
$ 1,440.00
$181,440.00
$ -
$ 900.00
$191,420.00
Est. Amount »>
$3,376.80
$ 3,376.80
$ 194,796.80
II
Annual Report Preparation
Est. Hours »>
2
12
14
Est. Units »>
Est. Amount »>
$ 390.00
$ -
$ 1,440.00
$ -
$ -
$ -
$ 1,830.00
Est. Amount »>
$ -
$ -
$ 1,830.00
Annual Project Estimate Summary
Totals
Est. Hours »>
4.0
60.0
24.0
1,620.0
16.0
9.0
1,733.0
Est. Units »>
5,040.0
Est. Amount »>
$780
$8,700
$2,880
$181,440
$1,920
$900
$196,620.00
Est. Amount »>
$3,376.80
$ 3,376.80
$ 199,996.80
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EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
iI am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
CONSULTANT
By:Date: S) Z Z J Z 9
Melanie Sotelo, Associate Vice President
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