Loading...
HomeMy WebLinkAboutReso 109-16 Stormwater Business Inspections RESOLUTION NO. 109-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND SURF 2 SNOW ENVIRONMENTAL RESOURCE MANAGEMENT, INC. WHEREAS, Staff prepared and initiated a Request for Proposals (RFP) for consultant services to conduct stormwater business inspections in late 2015; and WHEREAS, Staff reviewed and selected the most qualified firm to complete the stormwater business inspections; and WHEREAS, City entered into a Consulting Services Agreement with the selected consulting firm; and WHEREAS, term of said Agreement expires on June 30, 2016; and WHEREAS, City and Contractor now desire to extend the terms of the Agreement two years until June 30, 2018; and WHEREAS, the City proposed amendments to the Consulting Services Agreement with the selected consulting firm, which has demonstrated the professional qualifications and ability to perform services required; and WHEREAS, the City proposes to extend the term of the Agreements for two additional years, amend invoicing requirements, and amend conflict of interest language; and WHEREAS, the City desires to increase the contract amount by $47,715 for the term of the contract amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment to the Agreement with Surf 2 Snow Environmental Resource Management, Inc.; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment to the Agreement on behalf of the City Council, attached hereto as Exhibit A. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 21st day of June, 2016 by the following vote: AYES: Councilmembers Biddle, Hart, Wehrenberg, and Mayor Pro Tern Gupta NOES: None ABSENT: Mayor Haubert ABSTAIN: None Mayor Pro Tern ATTEST: PEPUTy City Clerk Reso No. 109-16,Adopted 6-21-16, Item 4.11 Page 2 of 2 Exhibit A FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND SURF 2 SNOW ENVIRONMENTAL RESOURCE MANAGEMENT, INC. WHEREAS, on March 3, 2016, the City of Dublin (hereinafter referred to as "CITY") and SURF 2 SNOW(hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for Business Stormwater Inspection services (hereinafter referred to as the "AGREEMENT"); and WHEREAS,the existing AGREEMENT will expire on June 30, 2016; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term two years, amend invoicing requirements and amend conflict of interest language. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2 Payment Terms shall be rescinded in its entirety and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed SEVENTY- EIGHT THOUSAND ONE HUNDRED DOLLARS ($72,715), notwithstanding any contrary indications that may be contained in the Scope of Work attached as Exhibit A-1, for services to be performed under this Agreement. In the event of a conflict between this Agreement and the Scope of Work regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed prior to the invoice date. No individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: • Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Contract o Hours must be logged in increments of tenths of an hour or quarter hours o if this Contract covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours,which shall include an estimate of the time necessary to complete the work described in Exhibit A-1; • The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received,for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra,further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B. 2.5 Reimbursable Expenses. Reimbursable expenses are not permitted. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2) Section 4 Term of Performance shall be rescinded in its entirety and replaced with the following: Section 4. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A-1 at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A-1, the Agreement shall prevail. 4.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2018, the date of completion specified in Exhibit A-1, and Consultant shall complete the work described in Exhibit A-1 prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 4.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial,first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 4.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 4.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary. 3) Section 20 Conflict of Interest shall be rescinded in its entirety and replaced with the following: Section 20 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq.,the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable,will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at www.fppc.ca.gov/index.php?id=500. 4) Exhibit A shall be rescinded in its entirety and replaced with the attached Exhibit A-1. 5) Except to the extent inconsistent with this First Amendment,the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: _ By: Chris Foss, City Manager ATTEST: By: Caroline Soto, City Clerk SURF 2 SNOW Dated: By: Elizabeth Frantz,Vice President EXHIBIT A-1 1. Scope of Work. A. Business Stormwater Inspections It is anticipated that Consultant will be required to conduct a total of 120 to 150 first inspections (see below Scope of Services) on a yearly basis. Out of these, it is expected that approximately 10 - 15%will require a second inspection and approximately 5% will require a third inspection. Inspections shall be conducted as indicated in the City's 5-year inspection plan, as it may be updated from time-to-time. As part of conducting inspections, Consultant shall set up appointments with businesses at least a few days ahead of the inspection date. B. Spill and Discharge Response Environmental Services (ES) in the Public Works Department has responsibility for spill and discharge response, investigation, cleanup, follow-up, and record keeping. ES will utilize the Consultant to assist with spill response efforts for the City. The Consultant will be the first responder, as needed, on evenings, weekends, and holidays. SECTION 2—SCOPE OF SERVICES A. Business Stormwater Inspections City desires the Consultant to perform Business Stormwater Inspections for the City of Dublin as per the Municipal Regional Stormwater NPDES Permit Order No. R2-2015-0049 (MRP). The Consultant must be well informed about Provisions C3, C4 and C5 contained in the MRP. The Consultant will be required to use the Alameda Countywide Clean Water Program (ACCWP) Standard Stormwater Facility Inspection Report Form (SSFIR form). The Consultant shall be familiar with and follow the City' Enforcement Response Plan in the enforcement actions issued to facilities with violations. The key tasks under this scope of services for conducting Business Stormwater Inspections will include the following: A.1.1. Inspections: 1. Set up appointments with businesses at least a few days ahead of the inspection date and set an approximate time for the inspection. a. Visit the business site and meet with Business representative. Explain the purpose for the inspection and ask questions to ascertain that operational Best Management Practices are implemented by the business to prevent stormwater pollution and/or to verify that on-site stormwater treatment measures are operating and being maintained adequately. . b. Fill out the SSFIR forms. i. Comments/Remarks/Requirements Section. Indicate in the "remarks" if the on-site catch basins/area drains are labeled "no dumping flows to creek." If not, require applicant to install storm drain markers. ii. Priority for Re-Inspection and Enforcement sections. c. 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. d. Consultant shall refer businesses to contact the City for additional questions beyond the scope of the inspection. e. When a business representative is NOT available for inspection, Consultant will perform a visual inspection of the exterior and document observations on the SSFIR form, then drop off or mail the unsigned 3rd 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. f. Distribute the appropriate BMP handouts provided by the City to business owners/managers—there are three the City uses— (Automotive, Restaurant and General), check box and note which were distributed to the business. g. Sign the report as "Inspector" and have the Business manager sign the bottom of the report. Give Business manager the back copy of the signed report(pink copy). h. 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 SSFIR form. Consultant will notify the City by the 3i'd business day of the week following inspection of all businesses that require a re-inspection. A.1.2 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. The City will inform the Consultant within 3 business days following the submittal of"re-inspection spreadsheet" if the re-inspection will be conducted by the City or the Consultant. 3. If the inspection is determined to be done by the Consultant, it will perform the re-inspections within the appropriate timeframe (generally within 10 business days of the previous inspection, as indicated in the City of Dublin's Enforcement Response Plan). The list will include a description of why a re-inspection is required, and will include pictures taken of all potential and actual violations. At the re-inspection, Consultant will take the original SSFIR 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. If re-inspection is required due to serious violation, Consultant will notify City staff immediately, and work with City staff to determine what action needs to be taken. A.2 Post Inspection Reporting to City: 1. Send weekly reports electronically to the City (by the 3rd day of the following business week), apprising the City with the status of inspections. The weekly reports must include a summary of the number of business inspections completed to date, the number of first inspections remaining, a list of the businesses that need re-inspection and an updated work plan outlining when the inspections will be completed. 2. Include electronic copies of Stormwater Inspection Report Forms and photographs for all inspections completed that week. Picture format should include a date/time notation. A.3 Deliverables: Consultant will provide the following: Weekly (when inspections are performed) - scan and email completed SSFIR forms and associated photographs to City staff (Environmental Coordinator, Shannan Young, and Administrative Support, Darla Murtaugh)., Weekly 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". 1. Monthly - return completed duplicate originals of all inspections to City, along with a monthly updated spreadsheet of inspection status by email to City. 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. A.4 City of Dublin will provide the following: 1. Excel Spreadsheet of businesses to be inspected each year. 2. BMP brochures to hand out to businesses. 3. SSFIR forms. B. Spill and Discharge Response The City will utilize the Consultant for assistance with spill and discharge response, as needed. The Consultant may be called upon to conduct investigations, develop action plans, assist with spill containment, assist with record keeping and time tracking, conduct follow-up work, or other activities as described in the City's Spill and Discharge Response Plan provided in Attachment A. The Consultant is required to follow the Spill and Discharge Response Plan as it may be updated from time-to-time. The Consultant will be the first responder to spills on evenings, weekends, and holidays, as needed. As the first responder, the Consultant shall use the city's URBAN RUNOFF AND INCIDENT RESPONSE FORM which is included in Attachment A and follow procedures as outlined in the City's Spill and Discharge Response Plan after consulting with City staff regarding how to proceed with the response. B.1: Project Management and QA/QC The Consultant will provide a Project Manager for coordination and management of the consultant team activities and communication with the City of Dublin. B.2 : Spill Response The Consultant will provide a qualified individual to conduct site investigations associated with any reported spills or discharges. The site inspector will obtain the appropriate field forms and any available improvement plans and/or any GIS information identifying the location of storm drains in the immediate area. The site inspector will be provided by the Consultant appropriate PPE and field equipment, including a camera and reporting materials. Assumptions for Spill Response Investigations • The Consultant assumes there will be up to 12 spill investigations needed per fiscal year • The Consultant assumes a typical spill response investigation will take no more than 3 hours initially • The Consultant assumes the follow up on the incident will take no more than 1.5 hours • The Consultant assumes the emergency weekend/after hours on-call rate will be 1.5 times the normal hourly rate • It is assumed when the Consultant is the first to arrive at an emergency situation (hazardous material spill) the inspector would be responsible to notify First Responders and the City of Dublin in parallel to immediately resolve any unsafe/hazardous situations • It is assumed for all other non-hazardous spills the Consultant would follow the reporting protocol as outlined to the City of Dublin and the City of Dublin would make all agency and responsible party potential fine notifications City of Dublin Contacts: Shannan Young (Contract Manager) Darla Murtaugh (Contract Support) Environmental Coordinator Office Assistant II 100 Civic Plaza 100 Civic Plaza Dublin, CA 94568 Dublin, CA 94568 925-833-6616 925-833-6630 shannan.younq a dublin.ca.gov darla.murtauqhdublin.ca.qov Surf 2 Snow Contact: Elizabeth Frantz Vice President 2246 Camino Ramon San Ramon, CA 94538 925-362-3041 x 412 efrantz @s2serm.com Exhibit B S2S Schedule of Fees for City of Dublin's RFP for Business Stormwater Inspections Per Fiscal Year S2S Staff Elizabeth Frantz Jaswant Singh Dylan Windt Miranda Schneider Blake Fitzwater Maria Hasset Julianne Sork Billing Rate $ 90.00 $ 65.00 $ 65.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 Major Project Task Hours Total Task Hours Task Total Cost Scheduling 1.25 20 25 46.25 $ 3,037.50 Initial Inspection 35 38 38 38 36 185 $ 11,400.00 Re-Inspection 6 6 5 6 5 28 $ 1,750.00 Post Inspection Reporting To City Weekly Reporting 20 20 40 $ 2,600.00 Monthly Reporting 2 6 8 $ 570.00 Final Program Summary Report 2 2 $ 180.00 Spill Investigation/Response Initial spill investigation 6 36 42 $ 2,880.00 Follow-up on incident 3 18 21 $ 1,440.00 Total Hours by Employee 46.25 40 51 44 43 44 41 Cost by Employee $ 4,972.50 $ 2,600.00 $ 6,825.00 $ 2,420.00 $ 2,365.00 $ 2,420.00 $ 2,255.00 Overall Total Hours and Cost 372.25 $ 23,857.50 Assumptions for Spill Response Investigations S2S assumes there will be up to 12 spit investigations needed in the year 2016 S2S assumes a typical spill response investigation will take no more than 3 hours initially S2S assumes the follow up on the incident will take no more than 1.5 hours S2S assumes the emergency weekend/after hours on-call rate will be 1.5 times the normal hourly rate It is assumed when S2S arrives at an emergency situation(hazardous material spill)the inspector would be responsible to notify First Responders and the City of Dublin in parallel to immediately resolve any unsafe/hazardous situations It is assumed for all other non-hazardous spills S2S would follow the reporting protocol as outlined to the City of Dublin and the City of Dublin would make all agency and responsible party potential fine notifications