Extension of Professional Services Agreement with Fuscoe

City of Los Alamitos
Agenda Report
August 18, 2014
Consent Calendar
Item No: 8E
To:
Mayor Gerri L. Graham Mejia &
Via:
Bret M. Plumlee, City Manager
From:
Steven A. Mendoza, Community Development/Public Works Director
Subject:
Extension
of
Members of the City Council
Professional
Services
Agreement
with
Fuscoe
Engineering, Inc. for the Development of Annual Program
Effectiveness Assessment (PEA) for Annual NPDES Reporting
Summary: The City of Los Alamitos has used Fuscoe Engineering to gather data and
to complete our annual reporting since 2012. This report extends that relationship for
two years at a cost of $ 15, 500 per year.
Recommendation:
Authorize the City Manager to execute Amendment No. 2 to!
Professional Services Agreement with Fuscoe Engineering, Inc. to prepare the 20131 2014 and 2014- 2015 Program Effectiveness Assessments ( PEA) including
permitting requirements not to exceed $ 15, 500 per year.
new
Background
Fuscoe Engineering has completed our annual Program Effectiveness Assessment
PEA) Report since 2012 compiling information for the County's unified Report Tables.
This report documents the City' s efforts to protect and improve surface water quality
through the implementation of the City' s Local Implementation Plan ( LIP).
Discussion
The scope of work and fee differs from previous PEA' s performed by Fuscoe
Engineering, Inc. due to the additional requirements imposed by the County of Orange
for this year' s PEA. The additional requirements include the following:
1.
Requirement to develop data tables for County' s Unified Report Tables
2. Establish
and
update
prior minimum
Implementation Plan ( LIP) for MS4
benchmarks within the City' s
compliance standards.
Local
3.
Trends analysis based on prior PEA' s.
The addition of these items increases the cost over the City Manager authority of
10, 000 and therefore requires City Council authorization.
Fiscal Impact
Funds for these services are budgeted in the 2014- 15 NDPES Budget within the
Community Development Department.
Submitted
By:
Approved By:
Steven A. Mendoza
Community Development/ Public Works Director
Attachments: 1)
2)
3)
Br- Fe M. Plumlee
City Manager
Amendment to Professional Services Agreement— Fuscoe Engineering, Inc.
Scope for Services and Fee Proposal/ 2013- 2014 & 2014- 2015
Professional Services Agreement/ 2012- 2013
NDPES Annual PEA/ Fuscoe
August 18, 2014
Page 2
of
2
Attachment 1.
AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT
City of Los Alamitos and Fuscoe Engineering, Inc.)
This Amendment No 2 (" Amendment") to Professional Services Agreement (" Agreement") is
made on this 18th day of August, 2014 at Los Alamitos, California, by and between the City of
Los Alamitos, a California municipal corporation, 3191
Katella Avenue, Los Alamitos,
California 90720 (" City') and Fuscoe Engineering, Inc., 1. 6795 Von Kansan, Suite; 100, Irvine,
California 92606 (" Contractor").
This " Amendment" modifies the original " Agreement" between the " City" and the " Contractor"
with a commencement date of January 23, 2013 in the following fashion:
City"
and "
Contractor"
desire to
amend
the" Agreement"
by
modifying
section
3. 1 --
to read as
follows:
Scope
Services":
of
Such professional services as are set forth in Exhibit A and
incorporated herein by reference to include Services for 2013- 2014 and 2014- 15
Reporting years.
City" and " Contractor" desire to amend the " Agreement" by modifying section 3. 4 — to read as
follows:
Expiration Date": December 31, 2015
City' and " Contractor" desire to amend the " Agreement" by modifying section 5. 1 — to read as
follows:
Consultant shall perform the services identified in the Scope of Services. City shall
have the right to request, in writing, changes in the Scope of Services. Any such changes
mutually agreed upon by the parties, and any corresponding increase or decrease in
compensation, shall be incorporated by written amendment to this Agreement. In no
event shall the total compensation and costs payable to Consultant under this Agreement
exceed the sum of Fifteen Thousand Five Hundred
Dollars ($ 15, 500) per year unless
specifically approved in advance and in writing by City."
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement on the dates set forth below.
City
of
Los Alamitos
FuscoeI jt
By:
BY•
Gerri L. Graham- Mejia, Mayor
Date:
Date:
Attest:
By:
gineerrin',,
Inet
011"Jw/
Fuses, CEO/ Owner
1 m Olit̀er; President
Bye
W indmera Quuttanar, CMC,
City
Date:
Approved as to form:
By:
Cary S.
Reisman,
City Attorney
Clerk
Date:
California Corporation
''
7
It
ci Ll
Attachment 2
PROFESSIONAL SERVICES AGREEMENT
City of Los Alamitos/ Fuscoe Engineering, Inc.)
IDENTIFICATION
1.
THIS PROFESSIONAL SERVICES AGREEMENT ("
Agreement") is entered into by
and between the City of Los Alamitos, a California municipal corporation (" City"), and Fuscoe
Engineering, Inc, a California Corporation incorporated in September 1992 (" Consultant").
2.
RECITALS
2. 1
City has determined that it requires the following professional services from a
consultant: Development of Annual Program Effectiveness Assessment( PEA).
2. 2
Consultant represents that it is fully qualified to perform such professional
services by virtue of its experience and the training, education and expertise of its
principals and employees. Consultant further represents that it is willing to accept
responsibility for performing such services in accordance with the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein
contained, City and Consultant agree as follows:
DEFINITIONS
3.
3. 1 "
Scope of Services": Such professional services as are set forth in Exhibit A and
incorporated herein by this reference.
3. 2
"
7
t
Approved Fee Schedule": Such
compensation rates as are set
3. 3
"
Commencement Date":
3. 4
"
Expiration Date": February 14, 2013.
4.
forth in Section 5. 1 ri)^-(
of this Agreement.
December 14, 2012.
TERM
The term of this Agreement shall commence at 12: 00 a. m. on the Commencement Date
and shall expire at 11: 59 p. m. on the Expiration Date unless extended by written agreement of
the parties or terminated earlier in accordance with Section 17 (" Termination") below.
CONSULTANT' S SERVICES
5.
5. 1
Consultant shall perform the services identified in the Scope of Services. City
shall have the right to request, in writing, changes in the Scope of Services. Any
such changes mutually agreed upon by the parties, and any corresponding
increase or
amendment to
decrease in compensation, shall be incorporated
this Agreement.
In
no event shall
by written
the total compensation and costs
a-
Professional Services Agreement
City of Los Alamitos/Fuscoe Engineering, lnc,
payable to Consultant under this Agreement exceed the sum of Seventy Five
Hundred Six Dollars ($ 7, 506. 00) plus 20% contingency of Fifteen Hundred One
Dollars ($ 1, 501. 00) not to exceed unless specifically approved in advance and in
writing by City.
5. 2
Consultant shall
perform
all
work to the
highest professional standards of
Consultant' s profession and in a manner reasonably satisfactory to City.
Consultant shall comply with all applicable federal, state and local laws and
regulations, including the conflict of interest provisions of Government Code
Section 1090 and the Political Reform Act ( Government Code Section 81000 et
seq.).
5. 3
During the term of this Agreement, Consultant shall not perform any work for
another person or entity for whom Consultant was not working at the
Commencement Date if both ( i) such work would require Consultant to abstain
from a decision under this Agreement pursuant to a conflict of interest statute and
ii) City has not consented in writing to Consultant' s performance of such work.
5. 4
Consultant represents that it has, or will secure at its own expense, all personnel
required to perform the services identified in the Scope of Services.
All such
services shall be performed by Consultant or under its supervision, and all
personnel engaged in the work shall be qualified to perform such services.
Ms.
Kimberly Colbert shall be Consultant' s project administrator and shall have direct
responsibility for management of Consultant' s performance under this
Agreement.
No change shall be made in Consultant' s project administrator
without City' s prior written consent.
6.
COMPENSATION
6. 1
City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept in full satisfaction for such services,
payment in accordance with the Approved Fee Schedule and Section 5. 1 of this
Agreement above.
6. 2
Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for the services performed pursuant to this Agreement. Each invoice shall itemize
the services rendered during the billing period and the amount due. Within ten
business days of receipt of each invoice, City shall notify Consultant in writing of
any disputed amounts included on the invoice. Within thirty calendar days of
receipt of each invoice, City shall pay all undisputed amounts included on the
invoice. City shall not withhold applicable taxes or other payroll deductions from
payments made to Consultant unless otherwise required by law.
6. 3
Payments for any services requested by City and not included in the Scope of
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Professional Services Agreement
City of Los Alamitos/ Fuscoe Engineering, lnc.
Services shall be made to Consultant by City on a time-and- materials basis using
Consultant' s standard fee schedule.
Consultant shall be entitled to increase the
fees in this fee schedule at such time as it increases its fees for its clients
generally; provided, however, in no event shall Consultant be entitled to increase
fees for services rendered before the thirtieth day after Consultant notifies City in
writing of an increase in that fee schedule nor to claim payment other than in
compliance. with this Agreement, including Section 5. 1 above..
Fees for such
additional services shall be paid within sixty days of the date Consultant issues an
invoice to City for such services
7.
OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (" written products" herein) developed by
Consultant in the performance of this Agreement shall be and remain the property of City
without restriction or limitation upon use or dissemination by City. Consultant may take and
retain copies of such written products as desired, but no such written products shall be the
subject of a copyright application by Consultant.
8.
RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have
control over the conduct of Consultant or any of Consultant' s employees, except as set forth in
this Agreement. Consultant shall not represent that it is, or that any of its agents or employees
are, in any manner employees of City.
Under no circumstances shall Consultant look to the City as his employer. Consultant
shall not be entitled to any benefits. City makes no representation as to the effect of this
independent contractor relationship on Consultant' s previously earned PERS retirement benefits,
and Consultant specifically assumes the responsibility for making such a determination.
Consultant shall be responsible for all reports and obligations including, but not limited to: social
security taxes, income tax withholding, unemployment insurance, disability insurance, and
workers'
9.
compensation.
CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are deemed confidential and shall not
be disclosed by Consultant without prior written consent by City. City shall grant such consent
if disclosure is legally required. Upon request, all City data shall he returned to City upon the
termination or expiration of this Agreement.
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Professional Services Agreement
City of Los Alamitos/ Fuscoe Engineering, Inc.
10.
INDEMNIFICATION
10. 1.
The parties agree that City, its officers, agents, employees and volunteers should,
to the fullest extent permitted by law, be protected from any and all loss, injury,
damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, taxes, or
any other cost arising out of or in any way related to the performance of this
Agreement. Accordingly, the provisions of this indemnity provision are intended
by the parties to be interpreted and construed to provide the City with the fullest
protection possible under the law. Consultant acknowledges that City would not
enter
into
this
Agreement
in
the
absence
of Consultant' s
commitment
to
indemnify and protect City as set forth herein.
10. 2
To the fullest extent permitted by law, Consultant shall indemnify, hold harmless,
and when the City requests with respect to a claim provide a deposit for the
defense of, and defend City, its officers, agents, employees and volunteers from
and against any and all claims and losses, costs or expenses for any damage due to
death or injury to any person, whether physical, emotional, consequential or
otherwise, and injury to any property arising out of or in connection with
Consultant' s
alleged negligence, recklessness
or willful misconduct or other
wrongful acts, errors or omissions of Consultant or any of its officers, employees,
servants, agents, or subcontractors, or anyone directly or indirectly employed by
either Consultant or its subcontractors, in the performance of this Agreement or
its failure to comply with any of its obligations contained in this Agreement,
except such loss or damage which is caused by the sole active negligence or
willful misconduct of the City. Such costs and expenses shall include reasonable
attorneys' fees due to counsel of City' s choice, expert fees and all other costs and
expenses of litigation.
10. 3
City shall have the right to offset against any compensation due Consultant under
this Agreement any amount due City from Consultant as a result of Consultant' s
failure to pay City promptly any indemnification arising under this Section 10 and
any amount due City from Consultant arising from Consultant' s failure either to
i) pay taxes on amounts received pursuant to this Agreement or ( ii) comply with
applicable workers' compensation laws.
10. 4
The obligations of Consultant under this Section 10 are not limited by the
provisions
of
any
workers'
compensation
statute
or
similar
act.
Consultant
expressly waives its statutory immunity under such statutes or laws as to City, its
officers, agents, employees and volunteers.
10. 5
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section 10 from each and every subcontractor or
any other person or entity involved by, for, with or on behalf of Consultant in the
performance of this Agreement. If Consultant fails to obtain such indemnity
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Professional Services Agreement
City of Los Alarnitos/ Fuscoe Engineering, Inc.
obligations from others as required herein, Consultant agrees to be fully
responsible and to indemnify, hold harmless and defend City, its officers, agents,
employees and volunteers from and against any and all claims and losses, costs or
expenses for any damage due to death or injury to any person and injury to any
property resulting from any alleged intentional, reckless, negligent, or otherwise
wrongful acts, errors or omissions of Consultant' s subcontractors or any other
person or entity involved by, for, with or on behalf of Consultant in the
performance of this Agreement. Such costs and expenses shall include reasonable
attorneys' fees incurred by counsel of City' s choice.
10. 6
City does not, and shall not, waive any rights that it may possess against
Consultant because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. This hold
harmless and indemnification provision shall apply regardless of whether or not
any insurance policies apply to the claim, demand, damage, liability, loss, cost or
expense.
11.
INSURANCE
11. 1
During the term of this Agreement, Consultant shall carry, maintain, and keep in
full force and effect insurance against claims for death or injuries to persons or
damages to property that may arise from or in connection with Consultant' s
performance
of
this Agreement.
Such insurance shall be of the types and in the
amounts as set forth below:
11. 1. 1 Comprehensive General Liability Insurance with coverage limits of not
less than One Million Dollars ($ 1, 000,000) including products and
operations hazard, contractual insurance, broad form property damage,
independent consultants, personal injury, underground hazard, and
explosion and collapse hazard where applicable.
11. 1. 2 Automobile Liability Insurance for vehicles used in connection with the
performance of this Agreement with
minimum
Dollars ($ 1, 000, 000)
One Million dollars ($ 1, 000, 000)
per claimant
and
limits of One Million
per incident.
11. 1. 3 Worker' s Compensation insurance if and as required by the laws of the
State of California.
11. 1. 4 Professional Errors and Omissions Insurance with coverage limits of not
less than One Million Dollars ($ 1, 000, 000).
11. 2
Consultant
shall
require
each
of its
subcontractors
to
coverages that meet all of the requirements of this Agreement.
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maintain
insurance
Professional Services Agreement
City of Los Alamitos/Fuscoe Engineering, Inc.
11. 3
The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California and with a rating of at least A:V11 in the latest
edition of Best' s Insurance Guide.
11. 4
Consultant agrees that if it does not keep the aforesaid insurance in full force and
effect, City may either ( i) immediately tenninate this Agreement; or ( ii) take out
the necessary insurance and pay the premium( s) thereon at Consultant' s expense.
11. 5
At all times during the term of this Agreement, Consultant shall maintain on file
with City' s Risk Manager a certificate or certificates of insurance showing that
the policies required by this Agreement are in effect in the required amounts and
naming the City and its officers, employees, agents and volunteers as additional
insureds. Consultant shall file with City' s Risk Manager such certificate( s) prior
to commencement of work under this Agreement.
11. 6
Consultant shall provide proof to the City' s Risk Manager 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 at
least two weeks prior to the expiration of the coverages.
11. 7
The general liability and automobile policies of insurance required by this
Agreement shall contain endorsements naming City and its officers, employees,
agents and volunteers as additional insureds.
All of the policies required under
this Agreement shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty days' prior written notice to City. Consultant
agrees to require its insurer to modify the certificates of insurance to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word " endeavor" with regard
to any notice provisions,
11. 8
The insurance provided by Consultant shall he primary to any other coverage
available to City. Any insurance or self-insurance maintained by City and/or its
officers, employees, agents or volunteers, shall be in excess of Consultant' s
insurance and shall not contribute with it.
11. 9
All insurance coverage provided pursuant to this Agreement shall not prohibit
Consultant, and Consultant' s employees, agents or subcontractors, from waiving
the right of subrogation prior to a loss.
subrogation against the City.
11. 10
Consultant hereby waives all rights of
Any deductibles or self-insured retentions must he declared to and approved by
the City. At the option of City, Consultant shall either reduce or eliminate the
deductibles or self-insured retentions with respect to City, or Consultant shall
procure a bond guaranteeing payment of losses and expenses.
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Professional Services Agreement
City of Los Alamitos/ Fuscoe Engineering, Inc.
11. 11
Procurement of insurance by Consultant shall not be construed as a limitation of
Consultant' s liability or as full performance of Consultant' s duties to indemnify,
hold harmless and defend under Section 10 of this Agreement.
MUTUAL COOPERATION
12.
12. 1
City shall provide Consultant with all pertinent data, documents and other
requested information as is reasonably available for the proper performance of
Consultant' s services under this Agreement.
if any claim or action is brought against City relating to Consultant' s performance
12. 2
in connection with this Agreement, Consultant shall render any reasonable
assistance that City may require in the defense of that claim or action.
13.
RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered
under this Agreement for a period of three years after the expiration or termination of this
Agreement. City shall have the right to access and examine such records, without charge, during
nonnal business hours. City shall further have the right to audit such records, to make transcripts
therefrom and to inspect all program data, documents, proceedings, and activities.
14.
PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals
necessary for Consultant' s performance of this Agreement. This includes, but shall not be
limited to, professional licenses, encroachment permits and building and safety permits and
inspections.
15.
NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed
( i) the day of delivery if delivered by hand, facsimile or overnight courier service
during Consultant' s and City' s regular business hours; or ( ii) on the third business day following
deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed
below ( or to such other addresses as the parties may, from time to time, designate in writing).
received on:
If to
If to Consultant:
City:
Avery, City Manager
fan Adam, Principal
Angie
City
of
Los Alamitos
Fuscoe Engineering
3191 Katella Ave.
16795
Los Alamitos, CA 90720
100
Telephone: ( 562) 431- 3538
Irvine, CA 92606
Facsimile: ( 562) 493- 1255
Telephone ( 949) 474- 1960
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Von
Kannan,
Suite
Professional Services Agreement
City of Los Alamitos/Fuscoe Engineering, lnc.
Facsimile: ( 949) 474- 5315
With courtesy copy to:
Sandra J. Levin, City Attorney
Colantuono & Levin, PC
300 South Grand Avenue, Suite 2700
Los Angeles, CA 90071- 3137
Telephone: ( 213) 542- 5707
Facsimile: ( 213) 542- 5710
SURVIVING COVENANTS
16.
The parties agree that the covenants contained in Section 9, Section 10, Paragraph 12. 2
and Section 13 of this Agreement shall survive the expiration or termination of this Agreement.
TERMINATION
17.
17. 1.
City may terminate this Agreement for any reason on five calendar days' written
notice to Consultant. Consultant may terminate this Agreement for any reason on
sixty calendar days' written notice to City. Consultant agrees to cease all work
under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be
returned to City upon the termination or expiration of this Agreement.
17. 2
If City terminates this Agreement due to no fault or failure of performance by
Consultant, then Consultant shall be paid based on the work satisfactorily
performed at the time of termination. In no event shall Consultant be entitled to
receive more than the amount that would be paid to Consultant for the full
performance of the services required by this Agreement.
GENERAL PROVISIONS
18.
18. 1
Consultant shall not delegate, transfer, subcontract or assign its duties or rights
hereunder, either in whole or in part, without City' s prior written consent, and any
attempt to do so shall he void and of no effect. City shall not be obligated or
liable under this Agreement to any party other than Consultant.
18. 2
In the performance of this Agreement, Consultant shall not discriminate against
any employee, subcontractor, or applicant for employment because of race, color,
creed, religion, sex, marital status, sexual orientation, national origin, ancestry,
age, physical or mental disability medical condition or any other unlawful basis.
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18. 3
The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are descriptive only and for convenience in reference to this
Agreement. Should there be any conflict between such heading, and the section
or paragraph at the head of which it appears, the section or paragraph, and not
such
heading,
shall
govern
construction
of
this
Agreement.
Masculine
or
feminine pronouns shall be substituted for the neuter form and vice versa, and the
plural shall be substituted for the singular and vice versa, in any place or places
herein in which the context requires such substitution( s).
18. 4
The waiver by City or Consultant of any breach of any term, covenant or
condition of this Agreement shall not be deemed to be a waiver of such term,
covenant or condition or of any subsequent breach of the same or any other term,
covenant or condition of this Agreement. No term, covenant or condition of this
Agreement shall be deemed to have been waived by City or Consultant unless in a
writing signed by one authorized to bind the party asserted to have consented to
the waiver.
18. 5
Consultant shall not be liable for any failure to perform if Consultant presents
acceptable evidence, in City' s sole judgment, that such failure was due to causes
beyond the control and without the fault or negligence of Consultant.
18. 6
Each right, power and remedy provided for herein or now or hereafter existing at
law, in equity, by statute, or otherwise shall he cumulative and in addition to
every other right, power, or remedy provided for herein or now or hereafter
The exercise, the
existing at law, in equity, by statute, or otherwise.
commencement of the exercise, or the forbearance from the exercise by any party
of any one or more of such rights, powers or remedies shall not preclude the
simultaneous or later exercise by such party of any of all of such other rights,
powers
or
remedies.
If legal action shall be necessary to enforce any term,
covenant or condition herein contained, the party prevailing in such action,
whether or not reduced to judgment, shall be entitled to its reasonable court costs,
including any accountants' and attorneys' ' fees incurred in such action. The venue
for any litigation shall be Orange County, California and Consultant hereby
consents to jurisdiction in Orange County for purposes of resolving any dispute or
enforcing any obligation arising under this Agreement.
18. 7
If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, then such term
or provision shall be amended to, and solely to, the extent necessary to cure such
invalidity or unenforceability, and in its amended form shall be enforceable. In
such event, the remainder of this Agreement, or the application of such term or
provision to persons or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall he valid and enforced to the fullest extent
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permitted by law.
18. 8
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
18. 9
All documents referenced as exhibits in this Agreement are hereby incorporated
into
tins Agreement.
In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of any document
incorporated herein by reference, the provisions of this Agreement shall prevail.
This instrument contains the entire Agreement between City and Consultant with
respect to the transactions contemplated herein.. No other prior oral or written
binding upon the parties. Amendments hereto or deviations
herefrom shall be effective and binding only if made in writing and executed by
City and Consultant.
agreements
19
are
PREVAILING WAGE LAW
19. 1
Consultant is aware of the requirements of California Labor Code Section 1720,
et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000,
et
seq., ("
Prevailing
Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on certain
public works" and " maintenance" projects.
if the services under this Agreement
are being performed as part of an applicable " public works" or " maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is
1, 000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify, and hold the City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure of Consultant to comply with the
Prevailing Wage Laws.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized
representatives to execute this Agreement on the dates set forth below.
SIGNATURES LOCATED ON THE 'NEXT PAGE
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Professional Services Agreement
City of Los Alamitos/ Fuscoe Engineering, Inc.
City"
City of Los
Consultant"
Fussoe
Alamitos
By
n inee in
Inc_
By.
trickFulco , CEO
Angie Avery, Ci. y Manager
Presid rt/Owner
Date:
/
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2120
Date:
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Attest:
O;,
J
By.
indy
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'
i
Quintanar, Department
\
BY
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Secretary
n Olivier, nn ; tarityQ
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Date:
Date:
Approved as to form:
LILt
By
Sand. J. Levin, Cit Money
Date:
_
1/4/
13
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Imo_
tv
/,. yi3/ r2-
+er
EXHIBIT A
SCOPE OF WORK
Development of the City' s 2011- 2012 Program Effectiveness Assessment ( PEA) Report
Template and Data Tables documenting the City' s efforts to protect and improve
surface water quality through the implementation of programs, activities and structural
controls which are designed to minimize pollutant in stormwater runoff
1.
Obtain Date from City ( Inspection Reports, Facility BMP' s Public Outreach
Efforts, Fertilizer, Pesticide Usage, Enforcement, etc.)
2. Organize Data and Compose County Data Tables
3. Attend PEA Review Meetings
4. Report Write Up Descriptions
5. Compose Final Report and Submit to County
Hourly Rate: $ 139
Number of Hours: 48- 54 ( estimate)
Fee Estimate: $ 6, 672 — $7, 506 ( Time
and
Materials....
only bill hours worked)
Number of Staff Available: 1 ( Howard Wen)
Days to Complete: 7 Business Days starting as early as Thursday (tomorrow)
Major Items: Data collection, data QA/ QC, PEA updates and minimum required
analysis per PEA requirements. If you decide you want no minimum analysis, then
the fee will drop. If you anticipate any form of an audit, it is wise to perform some
form of analysis per the requirements.
Thanks and call with questions.
Ian Adam
Principal/Stormwater Manager
FUSCOE ENGINEERING, INC.
full circle thinking®
16795 Von Karman, Suite 100
Irvine, CA 92606
tel 949. 474. 1960
fax 949. 474. 5315
www.fuscoe. com
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July 21, 2014
Steven Mendoza
CITY OF LOS ALAMITOS
3191 Katella Avenue
Los Alamitos, CA 90720
Re:
Proposal —Storm Water Services
Dear Steven:
Attached for your review is our Scope of Services and Fee Proposal for the 2013/ 2014 and
2014/ 15 Annual Performance Evaluation Assessments ( PEAs) for the City' s MS4 Storm Water
Program.
Fuscoe Engineering is pleased to be invited to assist your City again and we want to thank you for
your confidence in us. As a company of individuals who work as a team dedicated to quality,
service and innovation, we take our clients' needs very much to heart.
Upon approval of the proposal, please initial and sign in the indicated areas and return via fax to
949) 474- 5315 as our authorization to proceed. Please contact me if you have any questions or
comments.
Sincerely,
FUSCOE ENGINEERING, INC.
Howard Wen, CPSWQ, QSD
Project Manager— Stormwater Division
Enclosures
16795 Von Korman, Suite 100, Irvine, C hkrnici 92606
tot 949. 4,74. 1960
fax 949. 474...`.
x315
www.
fuscoe. com
Exhibit A
Scope
of
Services & Fee Proposal
City of Los Alamitos
2013/ 14 and 2014/ 15 PEA
July 21, 2014
1. 0
PROJECT DESCRIPTION
Assist the City of Los Alamitos with the development and completion of the 2013/ 14 and 2014/ 15
Fiscal Year Program Effectiveness Assessment per the MS4 Storm Water Permit requirements.
2.0
PURPOSE OF SERVICES
To provide Storm Water services as described below.
The scope of services covers two years of
annual reporting. Reporting requirements for the 2014/ 15 are subject to change with the future
adoption of the 5th Term MS4 Permit for North Orange County and those changes will not be
reflected in this Scope of Services.
3. 0
STORM WATER SERVICES
Task 1.
Los Alamitos 2013- 2014 PEA
Development of the City' s 2013- 2014 Program Effectiveness Assessment ( PEA) Report and compile
information for the County' s Unified Report Tables documenting the City' s efforts to protect and
improve surface water quality through the implementation of the City' s Local Implementation Plan
LIP).
1.
Obtain Data from City ( Inspection Reports, Facility BMP' s Public Outreach Efforts, Fertilizer,
Pesticide Usage, Enforcement, etc.)
2.
Organize data and complete County Unified Report Tables prior to the County specified
deadline.
3.
Attend PEA review meetings and revise submitted data, where appropriate.
4.
Prepare the City of Los Alamitos 2013- 2014 PEA and perform a program assessment of
each component of the City' s LIP based on the City' s past reporting periods and trend
analysis.
Determine if program modifications are required to meet compliance thresholds
and recommend LIP revisions, where necessary.
5.
Compose Final City PEA Report and submit three CDs to County prior to the annual
reporting submittal deadline to the Santa Ana Regional Water Quality Control Board.
Fee
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Scope
of
Services & Pee Proposal
City of Los Alamitos
2013/ 14
Task 2.
and
July 21, 2014
2014/ 15 PEA
Los Alamitos 2014- 2015 PEA
Development of the City' s 2014- 2015 Program Effectiveness Assessment ( PEA) Report and compile
information for the County' s Unified Report Tables documenting the City' s efforts to protect and
improve surface water quality through the implementation of the City' s Local Implementation Plan
LIP).
1.
Obtain Data from City ( Inspection Reports, Facility BMP' s Public Outreach Efforts, Fertilizer,
Pesticide Usage, Enforcement, etc.)
2.
Organize data and complete County Unified Report Tables prior to the County specified
deadline.
3.
Attend PEA review meetings and revise submitted data, where appropriate.
4.
Prepare the City of Los Alamitos 2014-2015 PEA and perform a program assessment of
each component of the City' s LIP based on the City' s past reporting periods and trend
analysis.
Determine if program modifications are required to meet compliance thresholds
and recommend LIP revisions, where necessary.
5.
Compose Final City PEA Report and submit three CDs to County prior to the annual
reporting submittal deadline to the Santa Ana Regional Water Quality Control Board.
Fee
15, 500
TOTAL FEE PROPOSAL
31, 000
Reimbursables Budget( Est.) $ 1, 250. 00
Not to exceed without prior authorization
This Fee Proposal is Valid for Thirty (30) Days from the Date of this Document.
Fuscoe Engineering, Inc. will perform the services on a fixed fee basis, except where noted.
Services rendered outside of the scope will be performed at prevailing hourly rates. Costs of blueprinting, deliveries and
out- of- pocket expenses are not included
and
will
be
considered
reimbursable. A 10% surcharge will be added to the reimbursables to cover handling expenses.
It is the policy of Fuscoe to meet all schedule requirements while maintaining a competent and
professional level of service. In return, it is expected that all invoices will be paid within thirty ( 30)
days of receipt.
Failure to do so could result in cessation of services and/ or reassessment of
service.
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Scope of Services S. Fee Proposa.
City of Los Alamitos
2013/ 14
and
July 21, 2014
2014/ 15 PEA
Task 1.
Los Alamitos 2013- 2014 PEA
Fee
15, 500
Task 2.
Los Alamitos 2014- 2015 PEA
Fee
15, 500
TOTAL
4.0
31, 000
AVAILABLE OPTIONAL SERVICES
4. 1
Preparing for and attending meetings, presentations or hearings beyond those fairly called for in the
Basic Services as requested by Client or reasonably necessary to facilitate the Project, and assisting
Client in any reasonable or appropriate manner in challenging the decisions of any government or
quasi- governmental agency concerning the Project.
4. 2
Providing presentation materials not fairly called for by the Basic Services such as colored renderings,
models and computer modeling.
4. 3
Making revisions to plans or other documents when such revisions are ( i) inconsistent with approvals
or instructions previously given by Client, including revisions made necessary by changes in the
Project program, budget, scheduling or phasing; ( ii) required by the enactment, amendment or
revised interpretation of codes, zoning, building ordinances or other governmental requirements
subsequent to the preparation of such documents, or by discretionary decisions by building officials
or inspectors inconsistent with prior approvals; or ( iii) due to changes required as the result of the
Client's failure to render decisions in a timely manner or to field or other conditions of which
Consultant was not fairly informed.
4. 4
Providing services ( i) because of Project changes concerning size, quality, complexity, schedule,
phasing or the method of procuring construction contracts; ( ii) required due to a Project suspension,
or changes in Project management, or by defects or deficiencies in the work or services provided by
or the termination of other consultants or any Project contractor or in connection with contractor
proposals or claims; or ( iii) due to conditions or circumstances not now anticipated or reasonably
foreseeable.
4. 5
Restaking or monument relocating necessitated by acts of contractors or other causes beyond
Consultant's reasonable control, or the filing of a Record of Survey in accordance with Business and
Professions Code section 8762, or a Corner Record pursuant to Business and Professions Code
section 8773.
5. 0
5. 1
SERVICE CLARIFICATIONS
Consultant' s services will be performed in a timely manner consistent with good professional practice
and the desire that the Project proceeds as expeditiously as practical; and it will use its best efforts to
meet any mutually agreed upon schedule, which schedule will be adjusted only for reasonable cause
or by mutual consent.
5. 2
Consultant' s services will be performed in accordance with generally and currently accepted design
professional
Consultant
principles and practices as embodied in
and
its
sub- consultants,
and
without
the standard
warranties,
procedures
either
expressed
and protocols of
or
implied.
In
particular, Consultant will use its best professional judgment in interpreting and applying the
requirements of all laws applicable to the services such as building codes, grading ordinances,
accessibility requirements and statutory functionality standards; but compliance with these laws as
they may eventually be interpreted by others cannot be guaranteed.
In no event will Consultant
guarantee cost, schedule or quantity estimates or projections, or any prognostications as to future
events, including the discretionary decisions of governmental officials; and when used in conjunction
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Scope
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Services & Fee `-Proposed
City of Los Alamitos
2013/ 14
and
with
July 21, 2014
2014/ 15 PEA
the
providing
confirm," "
of
services
make sure," "
pursuant
insure," "
to
this
Agreement,
such
terms
as "
certify," "
warrant,"
ensure," " assure," or the like do not constitute a guarantee, but
rather a representation based on professional opinion or judgment.
5. 3
All instruments of service provided pursuant to this Agreement including plans, calculations and
estimates shall, unless expressly agreed otherwise in writing, be prepared pursuant to Consultant' s
standard procedures and protocols and in its standard formats and level of quality and detail.
5. 4
Consultant will undertake professional responsibility for only the design professional services
expressly undertaken by this Agreement, and not otherwise; and in particular Consultant will not be
legally liable for providing or failing to provide services ( i) concerning legal, financial, planning or
environmental matters; ( ii) soils, geotechnical, hazardous waste/ toxic substances, traffic, electrical,
mechanical or structural engineering; or( iii) landscape architectural or irrigation design. Further and
without limitation, Consultant will
not be responsible for delays or other matters beyond
its
reasonable control; for inaccurate or incomplete information provided by Client or other reasonably
reliable sources; for services or instruments of service provided by others even if incorporated into
Consultant' s instruments of service for ease of reference or otherwise; for any subsurface site
conditions or any surface or other conditions of which it has not been timely Informed; for hazardous
materials or toxic substance at the Project site; or for the actions or inaction of others including other
consultants, utility companies and governmental or quasi- governmental agencies.
5. 5
In no event will Consultant serve as, supervise or have any responsibility for the performance of any
construction contractors; and in particular Consultant will have no responsibility for construction
means, methods, techniques, sequences or procedures including without limitation excavation or
shoring procedures or for any construction safety procedures or programs.
5. 6
Consultant' s work shall be based upon a fully dimensioned Client provided approved site plan in an
AutoCAD Land Development Desk Top format of preliminary engineering phase at start of final
engineering phase. Subsequent changes, modifications and/ or revisions to the site plan after
Consultant begins the final engineering phase, which cause Consultant to revise portions and/ or all
of said work, shall be considered as " Additional Services" and subject to separate scope and fee
negotiations.
5. 7
Consultant' s work shall be based upon a Client provided geotechnical investigation report identifying
the existing soil characteristics, recommended pavement thickness and recommended site and
building grading requirements and/ or specifications prior to the start of the work.
Subsequent
changes, modifications and/ or revisions to the report after Consultant begins work, which cause
Consultant to revise portions and/ or all of said work, shall be considered as " Additional Services"
and subject to separate scope and fee negotiations.
5. 8
Consultant' s work shall be based upon a Client provided owner' s design requirements/ criteria, local
agency conditions of approval, local agency conditional use permit, etc., prior to the start of the
work.
Receipt of said documents after Consultant begins work, which cause Consultant to review
portions and/ or all of said work, shall be considered as " Additional Services" and subject to separate
scope and fee negotiations.
5. 9
Consultant assumes that perimeter streets and existing water, sewer, storm drains, gas, electrical,
and telephone utilities are of sufficient size and capacity for the proposed development. Should
improvement plans be required to upgrade or modify said existing improvements, then the
preparation of said plans shall be considered " Additional Services" and subject to separate scope
and fee negotiations.
5. 10
The Scope of Services assumes that the final grading plan will indicate graded pads. Water and
sewer laterals will be routed to each pad as part of the final grading plan.
5. 11
The Scope of Services for final engineering shall be considered 100% complete upon the technical
approval of the plans by the reviewing agencies.
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Scope
of
Services & Fee Proposed
City of Los Alamitos
2013/ 14
5. 12
and
July 21, 2014
2014/ 15 PEA
Any work resulting from changes to current standards, ordinances, and/ or governing agency
personnel after the date of the Agreement which materially impact the design or processing of this
Project or which results in re- design or material changes in the design shall be performed as
Additional Services" and subject to separate scope and fee negotiations.
Consultant will not be responsible for supervision of contractor' s employees nor direct supervision of
5. 13
construction
crews.
Those items of work not specifically addressed in the Data and Assumptions and Scope of Services
5. 14
shall not be considered a part thereof, and shall be considered as " Additional Services" and subject
to separate scope and fee negotiations.
Improvement plans for sewer, water, and public streets will be prepared at a scale of 1"-
5. 15
will include a plan view and profile of the centerline of the improvement.
40' and
Additionally, street
improvement plans will include profiles of the top of curb where the curb and gutter are being
constructed from the plans prepared hereunder. Intersection details showing grading contours are
not anticipated and are not included. Striping plans are not included unless specifically stated
elsewhere in the Scope of Services, and shall constitute " Additional Services"
and be subject to
separate scope and fee negotiation.
Items specifically excluded from the Agreement consist of, but are not necessarily limited to, the following:
5. 16
5. 17
5. 18
Soils or subsurface investigation.
"
Potholing," physically digging to expose objects to be located and measured.
Scheduling, coordination and/ or witnessing of fire flow tests to determine available water pressures
and fire flows.
5. 19
Coordination with local gas, electrical, telephone, and cable television companies for the design
and/ or preparation of plans and/ or service agreements for new and/ or relocated service facilities.
5. 20
Preparation of project specifications and construction agreement.
5. 21
Construction administration for bidding, award and observation.
5. 22
Preparation, approval or processing of site plan.
5. 23
Construction phase coordination.
5. 24
Conditional use permit processing.
5. 25
Preparation of legal descriptions and/ or plats.
5. 26
Preparation of parking lot striping and/ or signage plan.
5. 27
Preparation of landscape plans for softscape areas, hardscape areas, and enhanced pavement areas
for driving and/ or walking.
5. 28
Preparation of irrigation system plans.
5. 29
Preparation of site lighting plan for parking lots and walkways.
5. 30
Preparation of building fire suppression system plans.
5. 31
Preparation of easement or grant deeds.
5. 32
ALTA/ ACSM land title survey maps lot line adjustments ( after map recordation).
5. 33
Legal descriptions and plats required for annexation, zone changes or zoning maps.
5. 34
Legal descriptions and plats required for formation of or annexation to maintenance, assessment or
other special districts ( landscape, water, sewer, etc.).
5. 35
367 9,5 Von I:,.
Final mapping.
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Scope
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Services &
Fee Prop++:
os&
City of Los Alamitos
2013/ 14
July 21, 2014
2014/ 15 PEA
Condominium plans.
5. 36
5. 37
and
"
Covenants, Conditions and Restrictions" documents.
5. 38
Setting off-site rnonumentation deemed necessary by the governing authority.
5. 39
Corner record or certificate tie sheet preparation and filing.
5. 40
Utility coordination ( quitclaims and/ or non- interference letters and will- serve letters).
5. 41
Traffic signal plans.
5. 42
Construction traffic control plan.
5. 43
Supplemental topo.
5. 44
Dry utility services.
5. 45
Tentative map processing through public agencies.
5. 46
Any work resulting from changes to current standards, ordinances and/ or governing agency
personnel after the date of the Agreement which materially impact the design or processing of this
Project or which results in redesign or material changes in the design shall be performed as
Additional Services" and be subject to separate scope and fee negotiation.
5. 47
Fees contained in the Agreement do not include title company fees, agency fees, environmental
studies, subordination agreements, relocation of franchise utilities, design of on- site franchise utilities,
traffic impact studies, or traffic signal design.
5. 48
Preparation of haul route plan for import/ export of soil.
5. 49
Guard house and gated entry plans.
5. 50
Traffic control plan.
5. 51
Excavation plan which may or may not be required by the agency.
5. 52
Plans for the drainage system beneath the buildings.
6. 0
CLIENT RESPONSIBILITIES
In conjunction with Consultant' s performance, and as a material factor in the determination of Consultant' s
fee, Client shall make reasonable efforts to cooperate with Consultant including without limitation:
6. 1
Designate a single representative with appropriate authority with whom Consultant can deal; and
direct all communications to Consultant' s project manager.
6. 2
Provide all relevant Project information to Consultant in a timely manner; and respond to
Consultant' s questions and requests for information and approval within a reasonable time.
6. 3
Provide appropriate coordination with and among the Project' s various consultants.
6. 4
Refrain from authorizing or allowing recorded or unrecorded deviations from Consultant' s
instruments of service, or the use of Consultant' s unfinalized instruments of service for estimating or
other purposes without Consultant' s knowledge and consent.
7.0
7. 1
FEE
Consultant' s Additional Services fee shall be pursuant to its then current fee schedule ( copy of
current schedule attached), or as the parties may otherwise agree at the time the services are
undertaken.
7. 2
The reimbursable expenses for which Client shall be responsible at a multiple of 1. 10 include those
costs reasonably and appropriately incurred for the Project for such matters as document
reproduction, deliveries, travel, long distance telephone and facsimile charges, and any fees or
costs advanced by Consultant as a Client accommodation.
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Scope
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4o ' vkes
&
Fee Proposal
City of Los Alamitos
2013/ 14
and
July 21, 2014
2014/ 15 PEA
Consultant will provide Client with monthly invoices accurately reflecting as appropriate the progress
of the services and current expenditures of professional time and reimbursable expenses. Each
invoice shall be due and payable upon receipt, and delinquent 30 days after its date. In the event
7. 3
of delinquency, interest shall accrue from the invoice date at 1. 5% per month, compounded
monthly, or the highest rate permitted by applicable law, whichever is lower, with payments applied
first to accrued interest, and Consultant shall have the right to suspend performance and to withhold
or withdraw any instruments of service or related licenses with no liability for so doing.
No
deductions shall be made from Consultant' s compensation on account of problems or losses for
which Consultant has not been held legally liable. Consultant' s fee will be equitably adjusted in the
event of significant changes in the Project' s scope, sequencing, phasing or scheduling, should
prevailing wage requirements be imposed upon Consultant, or should Client expressly request
expedited performance.
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Exhibit B
2014 RATE SCHEDULE
HOURLY RATE
CLASSIFICATION
Principal / Sr. Project Manager
195
Project Manager
169
Sr. Designer/
Designer/
CADD/
Sr. Engineer/
Engineer/
Project Scientist/
Engineering /
5144
Sr. Water Resource Engineer
GIS Coordinator
Environmental Tech. /
128
Graphics Tech.
105
73
Information Coordinator
1- Man
Survey
Crew
170
2- Man
Survey
Crew
235
3- Man
Survey
Crew
290
1.
Reproduction and other reimbursable expenses ( such as overnight deliveries, mileage, permits,
and licenses, etc.) and client approved subcontractor services will be billed in addition to the
above rates, with a 10% handling surcharge.
2.
This rate schedule is subject to change due to the granting of wage increases and/ or other
employer benefits to field or office employees during the lifetime of this agreement.
3.
Overtime is available for critical deadlines at 1- 1/ 2 times the normal rates for office employees.
Surveyors' rates are also adjusted automatically for overtime or holiday/ weekend work in
agreement with the Operating Engineers Union.
Client Initials
Effective
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