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HomeMy WebLinkAboutItem No. 06 PSA with Lynn Merrill & Assoc. for NPDES Ind, Comm & Post Construction Inspect SvsText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-243 Agenda Date: 6/27/2017 Status: Consent AgendaVersion: 1 File Type: AgreementIn Control: City Council Agenda Number: 6) Page 1 City of Lake Elsinore Printed on 6/22/2017 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Rita Thompson, Senior Engineering Technician Date:June 27, 2017 Subject:Award of Professional Services Agreement to Lynn Merrill & Associates, Inc. for NPDES Industrial, Commercial and Post Construction Inspection Services Recommendations 1. Approve the Professional Services Agreement with Lynn Merrill & Associates to Perform NPDES Industrial, Commercial and Post Construction Inspection Services. 2. Authorize the City Manager or Designee to Execute the Agreement and Execute up to one (1) Annual Renewal Option, Not to Exceed Available Budget. Background Stormwater discharges in the City are authorized under NPDES Municipal Separate Storm Sewer System (MS4) Permit R8-2010-0033 issued by the State Santa Ana Regional Water Quality Control Board. The MS4 Permit requires the City implement activities to eliminate and prevent pollutants from entering the storm drain system. Among other actions, inspection of construction, industrial, commercial, and post construction water quality facilities within its legal jurisdiction is mandated. In 2014, a cooperative agreement with Riverside County Department of Environmental Health for the commercial and industrial inspections was ended by Riverside County. Through a Request for Proposal process, the City contracted with a firm to ensure it fulfills the inspection requirements for several hundred businesses annually. That agreement is set to expire on June 30, 2017. Discussion A Request for Proposal was posted on Planet Bids; three firms responded. Staff evaluation criteria included, among other factors, consultants’ understanding of the scope of work, the qualifications of the proposed staff, experience performing similar projects, and the reasonableness of fee. While all the firms were qualified, they varied on the fee to be charged. The responding firms are listed below in order of ranking based on a breakdown of the fee schedule (Exhibit B): PSA NPDES Inspection Services June 27, 2017 Page 2 Page 2 of 2 1. Lynn Merrill & Associates, Inc 2. CASC Engineering and Consulting, Inc. 3. CWE Lynn Merrill & Associates was selected based on the following: Lower inspection and re-inspection rates for commercial businesses, which is the primary category generating inspection activity Familiarity with the City and successful performance of the same work for the City under contract for the last three years. Extensive experience of key personnel, specifically with inspections of industrial and commercial facilities Experience responding to water quality complaints The inspection services will be provided for a total contract not to exceed the current budgeted amount of $15,000, with an option to renew for one (1) year. Fiscal Impact There will be no impact to the General Fund. The cost is not to exceed the available budget received from County Service Area 152 assessment (Fund 155) or any future user fees adopted. Exhibits A – Professional Services Agreement B – Fee Summary Exhibit A NPDES Prof Services Agmt_Lynn Merrill 060917 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES Lynn Merrill and Associates, Inc. NPDES Industrial, Commercial and Post Construction Water Quality Facility Inspection This Agreement for Professional Services (the “Agreement”) is made and entered into as of June __, 2017, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Lynn Merrill and Associates, Inc., a California corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: National Pollutant Discharge Elimination System (NPDES) Industrial, Commercial and Post Construction water quality facility inspections. B. Consultant has submitted to City a proposal, dated May 22, 2017, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. 3. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of two (2) fiscal years, commencing on July 1, 2017 and ending on June 30, 2019. The City may, at its sole discretion, extend the Page 2 term of this Agreement on a 12-month basis not to exceed one (1) additional twelve (12) month renewal term by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 4. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Fifteen Thousand Dollars ($15,000.00) in any fiscal year without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 5. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 6. Reserved. 7. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. 8. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and Page 3 expenses in connection therein), arising out of the City’s use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 9. Consultant’s Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. Page 4 d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 10. Independent Consultant. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent Consultant and shall not act as an agent or employee of the City. 11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractors of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 12. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. 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. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 13. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the Page 5 standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 14. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 15. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 16. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractors, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 17. Insurance Requirements. a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractors to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with Page 6 the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. Page 7 iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 18. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this Section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Lynn Merrill and Associates, Inc. Attn: Lynn Merrill 256 Cajon Street, Suite C Redlands, CA 92373 19. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 20. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. Page 8 21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractors nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractors other than as otherwise is required by law. 22. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 23. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 24. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 25. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. 26. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely Page 9 for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractors, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30. Prevailing Wages. 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 "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 31. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: Susan Domen, City Clerk APPROVED AS TO FORM: Barbara Liebold, City Attorney “CONSULTANT” LYNN MERRILL AND ASSOCIATES, INC., a California corporation By: Lynn Merrill, President Attachments: Exhibit A – Consultant’s Proposal EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] City of Lake Elsinore 0 City of Lake Elsinore Lynn Merrill and Associates, Inc., 256 Cajon Street, Suite C Redlands, CA 92373 (909) 894-4425 Request for Proposal Inspection Services for City of Lake Elsinore, NPDES Commercial, Industrial and Post Construction, Best Management Practices (BMPs) Facility Inspection Program City of Lake Elsinore 1 Table of Contents Cover Letter SECTION A – Project Understanding and Approach SECTION B – Statement of Qualification SECTION C – Personnel SECTION D – Cost Proposal SECTION E – Example Inspection Form, Business License and Certificate of Insurance City of Lake Elsinore 2 > Lynn Merrill and Associates Inc. Our firm was established on the premise that municipal clients have the need for cost effective, timely and thoughtful support in a variety of services. Over the last twelve years, we have provided support to over 20 cities, county and special districts within the Riverside and San Bernardino area. We are local, and so we understand the local issues and concerns that cities in the two county area are facing. About the Company City of Lake Elsinore 3 May 22, 2017 Rita Thompson, Engineering Department City of Lake Elsinore 130 South Main Street, Lake Elsinore, CA 92530 REF: RFP – Inspection Services for City of Lake Elsinore, NPDES Commercial, Industrial and Post Construction BMP Facility Inspection Program Dear Ms. Thompson: Lynn Merrill and Associates, Inc., is pleased to provide this proposal to the City of Lake Elsinore for the above referenced services. Since September 2014, our firm has provided the requested services to your city, and have completed over 280 commercial, restaurant and industrial inspections. We have worked closely with the City in responding and resolving the various issues related to a successful NPDES program, as well as focused on ensuring that the business community is aware of the requirements for preventing storm water pollution. Our philosophy continues to be to seek compliance, not enforcement. Using this philosophy, we work with each business to ensure their compliance with the program, even if it means that we may need to conduct multiple visits. Since 2004, our firm has provided a range of environmental and municipal consulting services to over 18 cities and counties throughout southern California. Our previous works include technical assessments and inspection programs under the MS4 permits requirements to various municipal clients in both Riverside County and San Bernardino County and analysis of clients’ MS4 programs to develop MS4 program implementation recommendations. We are currently under contract to perform NPDES Commercial, Restaurant and Industrial Inspections within the cities of Grand Terrace, Loma Linda, Rialto, and the County of San Bernardino under the San Bernardino Permit, and the cities of Lake Elsinore San Jacinto and Perris under the Riverside Permit. We have conducted over 300 Commercial and Industrial inspections within the City of Lake Elsinore under the Riverside County MS4 Permit, over 1,000 inspections of Commercial, Restaurants and Industrial sites, as well as approximately 250 WQMP BMP verification audits within the City of Rialto under the San Bernardino County MS4 Permit, as well as 250 Commercial and Industrial inspections for the City of Palm Springs under the Whitewater MS4 Permit. Our work includes data management for the City of Lake Elsinore using the MS4 Web – MS4 Permit Manager. Our company provided technical assistance to the City of Lake Elsinore during the 2014 EPA NPDES Audit. In addition, our team members have performed WQMP Inspection services ranging from Acceptance Inspections to Post Construction BMP inspections, as well as Construction Site Inspections. Our senior staff members have their QISP under the industrial permit, their QSP/QSD registrations under the General Construction Permit, and registration under the Region 8 Scrap Metal Permit. City of Lake Elsinore 4 We believe that this unique combination of NPDES experience coupled with our familiarity with the City of Lake Elsinore will permit us to effectively and efficiently continue to assist the City in implementing the requirements of the MS4 Permit. We look forward to the opportunity to provide these services to the City of Lake Elsinore. Respectfully, Lynn Merrill President City of Lake Elsinore 5 Section Project Understanding and Approach A City of Lake Elsinore 0 The City of Lake Elsinore currently inspects approximately 300 Commercial, Restaurants, and Industrial businesses within the City. Over the last two-and-a-half years, our firm has provided these inspection services under a contract awarded in August 2014. The services contemplated in the current Request for Proposal are nearly identical to those provided by our firm since September 2014 to the present. The Commercial, Restaurant and Industrial Inspection Program is a requirement of the Riverside MS4 Permit, (ORDER NO. R8-2010-0033, NPDES NO. CAS 618033) and is a key component in both educating the business community regarding the potential pollution which may inadvertently result from each business, as well as identifying and mitigating pollutant discharges from individual businesses. We propose the following approach to performing the tasks and services identified in the RFP: •Identification of businesses which may be subject to the NPDES Inspection programs through the City’s business license system. Typically, new and existing businesses will identify the type of business activity through either a description or assignment of a Standard Industrial Classification (SIC) code at the time of securing a business license to operate within the City. •Based on the type of activity (Auto Repair, Restaurant, etc.), these businesses are identified by the City for possible inclusion in the Inspection Program. A letter from the City explaining the program and providing educational materials is typically sent to the business. This is followed up by an initial field inspection to determine the type of physical activities being performed at the business location. This activity is usually conducted by the City’s Senior Engineer Technician / NPDES Stormwater Coordinator; however, this function may also be performed by the City’s NPDES Inspection Contractor. •Once the initial assessment and primary initial inspection of the business has been completed, and based on criteria establish to determine the priority of inspection (high, medium or low) and an assessment of the individual business’s potential for releasing pollutants, the business is input into the City’s web-based system (MS4-Web/MS4 Permit Manager) for tracking and follow-up inspection. •Based on the prioritization of each business as to high, medium or low priority, a schedule for continuing inspections is established. High priority businesses are scheduled for inspection once each fiscal year, medium priority businesses are scheduled for inspection once every two years, and low priority businesses are inspected once each permit term or five-year period, whichever occurs first. City of Lake Elsinore 1 •The Stormwater Coordinator will then prepare a list of businesses that will be assigned to the Inspection Contractor. This list usually consists of the name and address of the business, the SIC and type of activity associated with the business, and any other information needed, including history of past violations. This list is usually in an Excel Format and is emailed to the inspection staff. •As the current Inspection Contractor, our staff typically receives this list and will review the list for any issues or concerns. Typically, this list may include businesses that are home-based or no-longer active. Because of our inspector’s familiarity with the City, those businesses that may have addresses that appear to be home based are flagged for a desk-top map check using Google Earth, followed up by a field check. •A staff inspector, typically our NPDES Inspector II, will schedule to conduct field inspections of the assigned list over the required period. The inspections are conducted using tablet technology that we pioneered with the City. (Previously, the City provided three-part hard copy forms to the inspector.) The Inspector will arrive at the business address, introduce themselves to the business owner or manager, explain the purpose of the inspection, and then conduct the inspection appropriate to the type of business. Upon completion of the inspection, the Inspector will debrief with the business owner or manager regarding the findings and results of the inspection. If any corrections or violations are identified during the inspection, these will be noted as well and a period of time to comply will be established. Photographs of the items needing correction or violations will be taken. Educational materials, typically provided through the Riverside County Water Conservation and Flood Control District, will also be provided. •The completed inspection form for each business is placed into an assigned Dropbox for retrieval by our Administrative Assistant in order to input the inspection data into the City’s MS4 Web – MS4 Permit Manager. This input usually occurs at our corporate office in Redlands, CA. A separate electronic copy of each inspection is forwarded to the Stormwater Coordinator for their records and filing as well. •In the event that an issue of non-compliance is identified during the inspection, our inspector typically will provide some general guidance as to what needs to be done to correct the violation. Our approach is to seek compliance first, and to use enforcement as a tool only if the business owner is willful in their non- compliance. These items of non-compliance are reviewed by our Inspector with City of Lake Elsinore 2 the City’s Stormwater Coordinator to develop an appropriate enforcement strategy for each non-compliant business. This strategy is usually developed as a consultation between the Stormwater Coordinator and the Inspector. •Follow-up inspections are scheduled to determine if the required corrections or violations have been resolved, based on the schedule provided during the initial inspection. If, based on the determination of the Inspector, a good-faith effort in compliance is underway, additional time may be provided to the business owner. However, if no action has been undertaken, and the threat remains or has increased, the Inspector immediately notifies the Stormwater Coordinator for potential legal actions and follow-up. The Inspector works in coordination with the Stormwater Coordinator and acts at the direction of the Coordinator in additional inspections, investigations or other activities necessary to achieve compliance. •If, during an inspection, an illicit discharge is identified, the Inspector immediately notifies the Stormwater Coordinator by telephone, and is authorized to take immediate enforcement actions, such as a verbal cease and desist order to stop and prevent further discharge. The Inspector shall notify the appropriate response parties, such as the Fire Department or other agencies in order to minimize the effect of such discharge and to prevent it from reaching storm system inlets. In immediate coordinator with the Stormwater Coordinator, the Inspector shall follow appropriate direction until the Stormwater Coordinator can arrive on scene and assume responsibility for managing and overseeing the response. The Inspector shall remain on scene to assist the Stormwater Coordinator as requested. •As part of the NPDES Inspection Program, on a quarterly basis, the Inspector shall review the State’s SMARTS database to identify any new or updated industrial facilities which are under the Industrial General Permit. This list will be reviewed against the City’s inspection lists in order to confirm coverage. Our Inspector II who will be assigned to the City has his current Qualified Industrial Stormwater Practitioner Certification, and will be able to assist in advising Industrial businesses which may need coverage under the GIP, as to the process and procedure to secure this. •We have included examples of recently completed inspection forms for the City of Lake Elsinore in Section E. City of Lake Elsinore 3 Section Statement of Qualifications B City of Lake Elsinore 4 Since our firm’s inception in November 2004, we have provided a variety of municipal program and project management services to both city and county governments as it relates to various aspects of environmental program compliance. We have been actively involved in MS4 Permit Program requirements in San Bernardino County since 2000, first as Director of Public Services for the City of San Bernardino, and subsequently as principal and founder of Lynn Merrill and Associates, Inc., Consulting to Municipal Governments. Over the last twelve years, we have developed a team of environmental professionals who have the capability to provide the following services: •Technical and management oversight and comprehensive program •Industrial Pretreatment Support •Commercial and Industrial Inspections; •Restaurant Inspections including implementation of the Fats, Oils and Greases (FOG) Program; •Water Quality Management Plan BMP Acceptance, Field Verification and Post Construction BMP Inspections; •Construction Site Inspections. Our senior staff includes personnel with combined experiences of over 35 years in conducting various NPDES inspections under both the San Bernardino and Riverside County NPDES Program. Supervising field staff have their QSP/QSD Certifications for the General Construction Permit. Our NPDES Inspector II has his PC832 certification and his QISP Certification, and is qualified to issue administrative citations where appropriate. The following table lists our team members and their current education and certifications – detailed resumes are provided in a following section: We proposed to assign Mr. Lynn Merrill, as Principal in Charge, with responsibility for the daily coordination of the various programs. Mr. Merrill will be the principal liaison between the firm and the City. We propose to assign Mr. Saul Martinez as Senior Supervising Inspector. Mr. Martinez City of Lake Elsinore 5 will be responsible for the overall management of the NPDES Inspection Team, including training and supervision. Mr. Martinez will be responsible for conducting major industrial inspections and post-construction BMPs. We further propose to assign Mr. Ashish Marwah as NPDES Inspector III. Mr. Marwah will be responsible for conducting major industrial inspections and post-construction BMPs. Mr. Marwah will also lead the GIS efforts for the company as relates to the development of GIS based mapping of the city’s business licenses and NPDES inspection locations. We propose to assign Mr. Paul Merrill as NPDES Inspector II. Mr. Paul Merrill’s responsibility is to supervise the field inspection staff, coordinate responses to IC/IC incidents, conduct investigations as necessary, and issue administrative citations in the field if warranted. Mr. Paul Merrill has his PC832 certification and therefore has the capabilities of performing the various steps necessary to issue administrative citations. He obtained his Qualified Industrial Stormwater Practitioner (QISP) in November 2016. We propose to assign Ms. Shirley Loza, Ms. Sara Raymondi and Mr. Nick Gonzalez as NPDES Inspector I. All three are available to perform various commercial and industrial inspections as needed. All three have performed a majority of the commercial and restaurant inspections over the last three years. Both Ms. Loza and Mr. Gonzalez are Spanish speakers. This is critical due to the large number of Hispanic owned and operated businesses subject to the NPDES program. Both staff members are able to explain the NPDES Programs to this business segment in a manner that allows an effective dialogue between the City and these businesses. We further propose to assign Ms. Jaqueline “Jackie” Dulguime as the Administrative Assistant I. Ms. Dulguime’s role is to manage the data entry into the MS4 Web – MS4 Permit Manager in order to maintain the system in an up-to-date condition. For the past year, Ms. Dulguime has been supporting the NPDES inspection programs and is familiar with the MS4 Permit Manager and its operation. We further propose to use Mr. Roger Turner to assist in tracking the various elements of the SMARTS system as needed, including but not limited to ensuring that required submissions are completed in a timely manner and the NOTs and annual reports are submitted by the various program elements. We believe that this team has the understanding, depth of knowledge and experience, and track records to ensure that all of the SERVICES TO BE PROVIDED BY PROPOSER for the City of Lake Elsinore are met timely, cost effectively and efficiently. We have included a copy of our current Lake Elsinore Business License and Certificate of Insurance in Section E. The following sections provide additional details regarding some of our most recent NPDES Projects: City of Lake Elsinore 6 >> PROJECT PROFILES PROJECT NAME: CITY OF LAKE ELSINORE, NPDES COMMERCIAL AND INDUSTRIAL INSPECTIONS BRIEF PROJECT DESCRIPTION: Provided contract NPDES Commercial, Industrial, Municipal and Post-Construction BMP inspections. SERVICES PROVIDED: From August 2014, provided NPDES inspections of the City’s various Commercial, Industrial and Municipal sites as directed by the City’s Stormwater Coordinator. From August 2014 to March 2015, conducted over 300 inspections, including appropriate follow-ups on Notices of Corrections. In addition, provided technical assistance to the City in support of the EPA NPDES Audit conducted September 2014. CLIENT NAME: City of Lake Elsinore CLIENT CONTACT NAME, TELEPHONE NUMBER AND EMAIL ADDRESS : Rita Thompson, Stormwater Coordinator NAME OF AGENCY CONTACT NAME AND TITLE PHONE NUMBER DATES SERVICES PROVIDED City of Rialto Robert Eisenbeizn, Public Works Director / City Engineer 909-421-7279 July 1 2011 to Present City of Palm Springs Marcus Fuller, Assistant City Manager 760-322-8380 March 2015 to June 2016. City of Grand Terrace Sandra Molina, Development Services Director 909-430-2225 October 2014 to Present County of San Bernardino Arlene Chun, Stormwater Program Manager 909-387-8112 July 2013 to Present City of San Jacinto Andy Ramirez, Streets, Parks and NPDES Superintendent 951-654-4041 November 2010 to Present City of Lake Elsinore Rita Thompson, Stormwater Coordinator 951-674-2124, Ext 308 August 2014 to Present City of Perris Daryl Hartwill, Public Works Director 951-943-4610 September 2006 to Present City of Lake Elsinore 7 951-674-3124, extension 308 rhthompson@lake-elsinore.org PROJECT NAME: CITY OF RIALTO, NPDES SUPPORT AND FOG INSPECTIONS BRIEF PROJECT DESCRIPTION: Provide management and professional support for the City’s MS4 program efforts under Regional Board Permit R8-2010-0036. SERVICES PROVIDED: Under various contracts and purchase orders with the City of Rialto, provided program management support of the City’s NPDES/MS4 program efforts. From June 2007 to December 2009, provided specific technical analysis of the impacts of the proposed MS4 permit, including assessment of the impacts of the various program requirements. Developed various memo reports to the Director of Public Works providing analysis and strategic considerations. Developed cost and fee studies relating to program implementation for use in development of a NPDES Commercial/Industrial Inspection Fee. Coordinated completion of the City’s Storm Drain Master Plan and preparation of costs relating to Development Impact Fees for this program. From June 2011 to Present, efforts include NPDES Program management for the City, including representing the City at the San Bernardino County NPDES General Management meetings and at the Fiscal subcommittee, New Development Subcommittee and the Comprehensive Bacteria Reduction Plan working group meetings. Prepared and submitted for the City the Local Implementation Plan in July 2011. Oversaw the City’s commercial/industrial inspector until position was laid off in October 2011. From December 2012 to the present, provided NPDES Inspection Services for Commercial, Industrial and Restaurants, including conducting the City’s Fats, Oils and Grease (FOG) program pre-treatment inspections. Provided training and technical advice relating to NPDES program implementation to various city departments. Lead Program Manager relating to EPA/Santa Ana Regional Board Program Audit conducted on September 20, 2012. CLIENT NAME: City of Rialto CLIENT CONTACT NAME, TELEPHONE NUMBER AND EMAIL ADDRESS: Robert Eisenbeizn, Public Works Director 909-421-7279 reisenbeizn@rialtoca.gov PROJECT NAME: CITY OF PALM SPRINGS BRIEF PROJECT DESCRIPTION: Provided NPDES technical and inspection support. SERVICES PROVIDED: From March 2015 to Present, performed NPDES inspections of commercial, industrial and restaurants located throughout the City. Provide technical support for City of Lake Elsinore 8 the City as requested. Attend Desert Task Force Meetings to represent the City. Completed Annual Report and provided Illicit Discharge Investigations as requested. CLIENT NAME: City of Palm Springs CLIENT CONTACT NAME, TELEPHONE NUMBER AND EMAIL ADDRESS: Marcus Fuller, Assistant City Manager 760-322-8380 PROJECT NAME: COUNTY OF SAN BERNARDINO, NPDES SUPPORT AND NPDES INSPECTIONS BRIEF PROJECT DESCRIPTION: Provide management and professional support for various aspects of the County’s NPDES Program, under Regional Permit R8-2010-0036. SERVICES PROVIDED: Under various contracts and purchase orders, provide NPDES inspection services relating to Commercial, Restaurant, Industrial and Post-construction BMPs. Efforts include technical analysis and support to the County’s program, field support to document CBRP –TMDL compliance at various sub-watersheds within the Santa Ana River region. CLIENT NAME: County of San Bernardino CLIENT CONTACT NAME, TELEPHONE NUMBER AND EMAIL ADDRESS: Marc Rodabaugh 909-387-8112 Marc.Rodabaugh@dpw.sbcounty.gov PROJECT NAME: CITY OF SAN JACINTO, NPDES SUPPORT AND NPDES INSPECTIONS BRIEF PROJECT DESCRIPTION: Provide management and professional support for the City’s MS4 program efforts under Regional Board Permit R8-2010-0033. SERVICES PROVIDED: Under contract with the City of San Jacinto since July 2010, our firm has provided program and technical support to the City. Efforts have included preparation of the 2009-2010 through 2013-14 Annual Reports. We represent the City at the monthly Riverside County Santa Ana Watershed Technical Advisory Committee and various subcommittees as appropriate as well as the Lake Elsinore/Canyon Lake TMDL Task Force. We participated in the technical development and review of the Comprehensive Nutrient Reduction Plan which included providing recommendations to the District relating to additional analysis of the costs relating to various management approaches, assessment of scientific and technical supporting studies and other inputs which has resulted in reconsideration of the use of the HOS system as the principal mitigation plan to uses of alum and other treatments to achieve compliance with the City of Lake Elsinore 9 TMDL targets. As a result of recent layoffs within the City, we have assumed responsibility for the NPDES inspection program; previously, we provided in-field training for the City’s NPDES Inspector, including assisting in conducting complex inspections. CLIENT NAME: City of San Jacinto CLIENT CONTACT NAME, TELEPHONE NUMBER AND EMAIL ADDRESS: Mike Emberton, Public Works Director (Retired) 951-654-4041 PROJECT NAME: CITY OF PERRIS, PUBLIC WORKS SUPPORT BRIEF PROJECT DESCRIPTION: NPDES Inspections and Engineering Report. SERVICES PROVIDED: From October 2006 to Present, under various contracts and purchase orders with the City of Perris, provided field maintenance support of the City’s NPDES/MS4 program efforts. Work efforts included coordination of the City’s street sweeping programs, including complaint investigation, enforcement and contract operations, cleaning and inspections of the City’s MS4 facilities, including open channels and catch-basins, as well as BMPs such as detention basins and other facilities. Responded to and investigated illicit discharge/illicit connection and coordinated enforcement and corrective actions as needed. Provided regulatory analysis and development of field responses as necessary and requested. Currently performing all NPDES Commercial, Industrial and Restaurant inspections within the City. Providing Engineering Technician support to the City for NPDES programs. CLIENT NAME: City of Perris CLIENT CONTACT NAME, TELEPHONE NUMBER AND EMAIL ADDRESS : Ron Carr, Assistant City Manager (Retired) 951-943-6100 rcarr@cityofperris.org City of Lake Elsinore 10 Section Key Personnel C City of Lake Elsinore 11 >> Lynn Merrill, Principal/Program Manager Lynn Merrill and Associates, Inc., Consulting to Municipal Governments, Redlands, California EXPERIENCE As Principal of Lynn Merrill and Associates, Inc., Consulting to Municipal Governments, performed the following specific projects and service for the listed jurisdictions as it relates to MS4 Programs: City of Rialto. July 2007 to present. Provide technical support to the Public Works Department in the areas of NPDES/MS4 programs, provided analysis and recommendations relating to San Bernardino County proposed MS4 Permit and effects on the City in 2009. Prepared fee studies for various public works programs including a proposed NPDES inspection fee for Commercial and Industrial businesses. Since June 2011, serves as the City’s Contract NPDES Program Manager, including development of the Local Implementation Plan and submission to the Regional Board for approval. Represents the city at the San Bernardino MS4 General meetings, various SAWPA meetings and other subcommittee and special meetings as appropriate. Coordinated field activities including overseeing the City’s inspection programs. Serves as city representative to the Comprehensive Bacterial Reduction Plan (CBRP) working group, including coordination of the City’s portion of the CBRP Tier 1 sampling program. Recently represented the City at the EPA/SARWQCB Audit of City of Rialto NPDES Program. City of San Jacinto. September 2010 to present. Provide technical and analytical support for the City’s Storm Water Management programs, including preparation of the City’s Annual NPDES reports and representation of the City at the Riverside County Technical Advisory Committee. Significant participation in the development of the Comprehensive Nutrient Reduction Plan for Lake Elsinore and Canyon Lake Bacteria TMDL. Provided technical comments regarding CNRP adequacy, approach and alternatives which resulted in a shifting of strategies from the Hypolymic Oxygenation System (HOS) to potential application of alum to address nutrient issues in Canyon Lake at significantly lower costs. County of San Bernardino. September 2014 to present. Provide various NPDES Program support, including development of presentation to Board of Supervisors relating to potential impacts of joint San Bernardino-Riverside NPDES permit, technical on-call support to Program EDUCATION Masters in Public Policy, Claremont Graduate University, Claremont, California. January 1999. Bachelor of Science, University of California, Riverside, California. March 1981. City of Lake Elsinore 12 staff, Commercial, Industrial and Restaurant Inspection support and CBRP TMDL Technical support. City of Lake Elsinore. September 2014 to present. Provide NPDES commercial, industrial, restaurant and post-construction BMP inspection services. Provided technical support for the City’s September 2014 EPA/Regional Board audit. City of Palm Springs. March 2015 to present. Provide NPDES commercial, industrial and restaurant inspection support. Represent the city at the Desert NPDES Task Force meetings. Provide illicit discharge/illicit connection investigations as requested. Prepared 2014-2015 annual report for NPDES Program, NPDES Inspection Fee study, and other NPDES technical support as requested. City of La Habra Heights, California. January 2005 to January 2006. Under subcontract with Transtech Engineers, Inc., act as City’s Public Works Manager responsible for public works projects within the City. Specific work includes: development of NPDES program; development of a Septic Tank Monitoring and Inspection Program to comply with Memorandum of Understanding with the Los Angeles Regional Water Quality Control Board; provide staff support to the City’s Public Works Committee; coordinate the City’s street maintenance program. Additional projects include coordination of FEMA and FHWA Disaster Relief as a result of the January and February storms. City of San Bernardino, California -- Director, Department of Public Services. December 1998 to November 2004. Overall responsibility for the general management of the City’s Refuse, Streets and Fleet Divisions. Duties include planning, budgeting and administration of the Department, including development of long-range management strategies for Infrastructure Maintenance of Streets and Fleet Operations. Under general administrative direction from the City Administrator, coordinate Department activities with the Mayor and Common Council offices, as well as other City departments. Directs activities of a staff of 177 employees with a total Department budget of $22,726,800. PUBLICATIONS From 1994 to 2008, Mr. Merrill authored over 150 magazine articles on a variety of topics for technical magazines such as Waste Age Magazine, MSW Management Magazine, On-Site Wastewater Treatment Magazine, Stormwater Magazine, Erosion Control Magazine, Grading and Excavation Contractor Magazine, and Distributed Energy Magazine. City of Lake Elsinore 13 >>Saul Martinez, Senior Supervising Inspector Lynn Merrill and Associates, Inc., Consulting to Municipal Governements, Redlands, California EXPERIENCE Lynn Merrill and Associates, Inc., Consulting to Municipal Governments, Redlands, CA - Senior Supervising Inspector. 2014 to Present. Manages and coordinates the NPDES Inspection Program, including the following functions: supervise Industrial and Commercial Inspector(s); conduct Industrial, Commercial, Restaurant and Construction site inspections; Prioritize Businesses to the correct inspection frequency based on compliance with General Industrial Permit and County of San Bernardino MS4 Permit; Set -up Stormwater Inspection Programs per MS4 Permit Requirements; Conduct pretreatment inspections as it relates to the State of California’s Fats, Oils and Grease program. Jurupa Community Services District, Jurupa, CA - Development Supervisor. August 2014 to Present. Oversee all new development within both City of Eastvale and City of Jurupa Valley, which entails plan checking all water and sewer plans submitted to the District; Supervise two Development Engineering Representatives on a daily basis; Meet with developers, engineer of record, residents to go over development projects and insure that all plans, fees and documents are submitted in a timely manner in order to meet developers construction schedules; Prepare yearly budget for the department, maintain development spreadsheets in order to keep Engineering Manager, Engineering Director, General Manager and Board Members informed of all development projects within the district. Environmental Division, City of Upland, CA - Associate Engineer, Public Works. January 2008 to August 2014. Duties included NPDES Coordinator with responsibility for keeping the City compliant with all Federal and State “Clean Water Act” requirements; Coordinate all Commercial, Industrial, Municipal and Construction NPDES Inspections, insure that the reports are submitted into the MS4 Database and all required meetings, provide training to City Staff; Responsible to perform plan check services for all plans private and CIP projects; Perform design of plans such as Storm Drain, Street Improvement Hydrology/Hydraulic Studies, and Sewer Capacity Studies; Completed a Sewer Model of the Storm Drain Systems and EDUCATION Bachelor of Science, California Polytechnic University, Pomona CA- Civil Engineering Associate of Arts - Mount San Antonio Community College, Walnut CA- Associate of Arts Certificate - Santa Ana Community College, Santa Ana CA- Drafting QSP/QSD – Scrap Metal Permit SM-QSD-081 4-27-2015 Qualified SWPPP Practitioner 20960 Certified Erosion Sediment and Stormwater Inspector 0998 City of Lake Elsinore 14 Detention/Retention Basins using CivilStorm. by Bentley; Completed several Capital Improvement Projects (CIP) such as Sewer Rehabilitation, Storm Drain Improvements and Berm Repairs; Prepared and submittal of grants, which have netted $500,000 in grant funding; Development Review of all proposed projects that are submitted to the Planning Department, including attending meetings, review submitted plans and reports, prepare “Conditions of Approval” on all projects submitted to the Planning Commission, prepare Council Reports as required. Public Works Engineering Division City of Chino CA – Associate Engineer. 2005 to 2008. Duties included responsible for Land Development Projects including residential, commercial and industrial, including attending Development Review Meetings; coordinate of all aspects of the projects from DIF Fee calculations to final Certificate of Occupancy; Responsible for CIP projects from meetings, preparation of Plan and Specifications Bid process, coordination of construction inspection and finalization of project. Crouse/Beers and Associates, Norco CA - Project Engineer. 1998 to 2005. Efforts included oversaw land development projects, which required coordination of agreements, budgets, and meetings with clients, City and County staff. City of Lake Elsinore 15 >> ASHISH MARWAH, NPDES Inspector III Lynn Merrill and Associates, Inc., Consulting to Municipal Governments, Redlands, California EXPERIENCE Lynn Merrill and Associates, Inc. Consulting to Municipal Governments – Senior Consultant. April 2016 to present. NPDES Inspector III responsible for the field inspection of major industrial facilities as well as inspections of Post-Construction BMPs. In addition, as GIS Program Manager, is currently developing firm’s GIS capabilities relating to both the NPDES Inspection Programs and the Conservation Based Water Rate projects. Environmental Engineering Contracting (EEC) - Project Manager. September 2015 to April 2016. Senior Engineer/Project Manager responsible for process and civil design for water /wastewater treatment plant design. Company stormwater expert for Industrial General Permit and Construction General Permit. Responsibilities included preparing SWPPP application and procedures for industries in California and Maryland region. As the project manager, responsible for execution of projects to meet the time and budget constraints and managing the workloads for junior staff. The position involves developing various feasibility analysis, detail engineering design for wet infrastructure and process solutions for wastewater and water treatment. Industrial SWPPP preparation – Prepared numerous Industrial SWPPPS and obtained NEC certifications for the industrial clients. These projects required detailed investigation and review of potential stormwater water contamination risk at the sites as well as coordination with RWQCB for permitting and approval issues. Construction SWPPP preparation – Worked as QSD/QSP for land development projects for small scale construction clients (less than 10 acres). Site construction site audits for City of Santa Ana and Orange County Water District. The audits consisted of evaluating BMP for the general contractors, sampling and monitoring and potential of stormwater contamination due to an El Nino event. Industrial Wastewater Treatment Projects – Engineering, Procurement and assistance during installation and operation of various industrial wastewater units including DAF, MBR, Cloth/Media Filtration and Rapid Sand Filtration units. A significant task in the industrial wastewater treatment projects was to coordinate with POTW and their requirements and propose a cost effective turnkey solution for industrial clients. EDUCATION Master of Science, Civil Engineering (Environmental Engineering), University of New Mexico, Albuquerque, May 2005 Bachelor of Engineering, Civil Engineering, Nagpur University, India, June 2001 QSP/QSD 25411 Certified Professional in Erosion and Sediment Control 8003 City of Lake Elsinore 16 PARSONS Corporation - Process Engineer. August 2009 to May 2011. Visalia Water Conservation Plant Project The project consists of detailed MBR, UV and solids handling facility designs. Working as a Project Engineer - developed detailed design for a 22 MGD (Largest MBR plant in California). The design includes detailed P&ID and mechanical design review for GE (Zenon Membrane Bio-Reactor) system; permeate suction pumps, recycled pump station, aeration requirements and CIP process. The project required development of SWPPP and WPCP documentation/protocols and best management practices for stormwater pollution prevention for the project. Visalia Water Conservation Plant Project The project also involved evaluating various sludge disintegration systems to enhance digester gas production for future fuel cell system. I assisted in preparing alternate process designs for the sludge disintegration and fuel cells systems. The digester gas handling system also consists of gas storage for additional reliability MWH Americas, Inc. - Project Engineer. April 2008 to August 2009 Kubota/Sumitomo MBR Title -22 Pilot Testing I worked with CDPH to established testing protocol, collected/analyzed data and assisted in preparing (CDPH) California Department of Public Health and Safety Title -22 certification report for the membrane manufacturers. The project included six months of extensive pilot testing to ascertain the log removals at various operational capacities for the two pilot plants. The project included developing P&ID design and mechanical set up for Pilot plants in several locations in California. IEUA Recycled Water Program Coordinator As part of IEUA staff augmentation program I was stationed in Recycled Plant-5 offices and tasked with coordinating and field verification of recycled water users and connections. The information collected was then included in a feasibility report for purple pipe infrastructure projects in the Inland Empire. Boyle Engineering Corporation/AECOM - Project Engineer. September 2006 to April 2008. Tapia Wastewater treatment plant BNR upgrade project The project consisted of various design improvements to enhance the nutrient removal capacity of the existing MLE (Modified Ludzak-Ettinger) process. The plant capacity was increased from 9 MGD to 14 MGD due to these design improvements. I worked as a de sign lead to convert the existing RAS basins to Aeration basins and optimizing the recirculation in the BNR basins. Due to these alternate design improvements the Municipality was able to save 6 -7 Million dollars in total construction cost. Coordinated NPDES requirements for State water regional board region 8. City of Anaheim Platinum Triangle Mixed Use Project City of Lake Elsinore 17 City of Anaheim required a feasibility analysis of MBR technology for the Platinum Triangle Area for mixed use. My task included working with membrane manufacturers to establish various alternatives for MBR treatment, sizing of the plant and establishing opinion of probable cost for each alternative. MWH Americas, Inc - Associate Engineer. January 2004 to September 2006. Solids handling (Conveyance Systems) facility for Jensen Water Treatment Plant Prepared Pre-design report (30 % Design) for the 40 ton per day solids handling facility. This facility required 8-day storage silos, conveyance system and a tracking system for transporting Class A biosolids. Feasibility study for the San Diego County Water Authority The study included developing alternative locations and cost analysis for Wastewater Treatment Agencies in the County. MBR locations with pipeline routes were developed using the GIS mapping tool and Preliminary design for the top two MBR sites was included in the report. City of Lake Elsinore 18 >> PAUL MERRILL, NPDES INSPECTOR II Lynn Merrill and Associates, Inc., Consulting to Municipal Governments Redlands, California EXPERIENCE Lynn Merrill and Associates, Inc., Consulting to Municipal Governments – Inspector. April 2012 to Present. Perform Commercial, Restaurant and Industrial Inspections for compliance with NPDES/ FOG/ Storm Water Program, City of Rialto. Perform field inspections of landscape maintenance districts to ensure compliance with various standards including Water Conservation Ordinances and NPDES Program requirements, City of Perris. Green World Solutions, Riverside, CA. June 2010 to November 2010. Conducted GIS field work of landscape irrigation system in order to develop water conservation approaches to reduce watering. Field work included readjusting irrigation controllers to meet watering requirements for various landscape maintenance zones, processing data and uploading from GIS field system to company website. Problem solving and reconciliation in field relating to data quality and mapping functions. EDUCATION Bachelor of Arts, Game Art and Design, Westwood University, Upland, CA, May 2011. QISP - 00352 QSP/QSD – Scrap Metal Permit SM-QSD-081 4-27-2015 PC 832 – Arrest – June 2015. City of Lake Elsinore 19 >> SHIRLEY C. LOZA, NPDES Inspector I/ Environmental Technician Lynn Merrill and Associates, Inc., Consulting to Municipal Governments, Redlands, California EXPERIENCE Lynn Merrill and Associates, Inc., Consulting to Municipal Governments. April 2015 to Present. Perform Commercial, Restaurant and Industrial Inspections for compliance with NPDES/ FOG/ Storm Water Program, City of Rialto. JNL Consulting Civil Engineers - Assistant Engineer. July 2014 to April 2015. Preparation of WQMP documents for areas of Riverside and San Bernardino County. Public Works Department, City of Upland, CA - Intern II. October 2011 to Present. Clerical responsibilities in Environmental Department including perform NPDES inspection as requested by my supervisor; Perform WQMP BMP inspections; Updating an organized system of archived document; Input of NPDS inspection forms into the MS4 database. Responsibilities in the Water Department included updating and editing the Master Plan of Water and Recycled Water Lines System using AutoCAD; updating the inventory and scanning of plans. Public Works Department, City of Upland, CA - Student Intern Volunteer. March 2011 to October 2011. Responsibilities in the Water Department included updating and editing the Master Plan of Water and Recycled Water Lines System using AutoCAD; updating the inventory and scanning of plans. San Isidro Municipality, Lima, Per - Environmental Engineer. August 2007 to February 2008. Occupational Safety and Environment Audits in the Automotive Mechanic Department; identification and characterization of environmental impact on occupational safety; draw up plans for environmental management and improvement to occupational safety. Conducted Solid Waste Management Research, including Created and completed a survey of the population of the municipality, segmentation of the sample population, classification and characterization of the solid waste and calculation and analysis of the solid waste production per capita. EDUCATION Bachelor of Science, Environmental Engineering, University of Ancash “Santiago Antúnez de Mayolo”- Huaraz - Peru. ArcGis Desktop (9.2 – 9.3) – Geographic Information Systems Certified, ESRI - UC Riverside, CA, December 2010 State of California, Department of Public Health, Grade II Water Treatment Operator. State of California, Department of Public Health, Grade II Water Distribution Operator. City of Lake Elsinore 20 World Vision International, Mancos, Ancash, Peru - Environmental Engineer, Independent Consultant. July 2005 to August 2005. Preparation of the Base Line of Mancos Microenvironments-Watershed (compilation of economic, social and ecological descriptions of the geographic area, using ArcGis), Environmental Assessment of Mancos Microenvironments- Watershed (identification and analysis of environmental issues such us farming, artisan mining, cattle and trading, using ArcGis); and preparation of suggestions regarding the negative environmental impacts of the Mancos Microenvironments-Watershed. Huascaran National Park, Ancash, Peru - Environmental Engineer, Internship. July 2003 to August 2003. Monitoring the impact of tourism on the air, soil and water of the park; monitoring the asphalt and reforestation project in the Pucabado and Rajucolta Areas and revised the “Environmental Impact Study Rating and Review System” for each business that wants to do a construction project within the park City of Lake Elsinore 21 >> SARA RAYMONDI, NPDES Inspector I/ Environmental Technician Lynn Merrill and Associates, Inc., Consulting to Municipal Governments, Redlands, California EXPERIENCE Lynn Merrill and Associates, Inc., Consulting to Municipal Governments. August 2014 to Present. Perform Commercial, Restaurant and Industrial Inspections for compliance with NPDES/ FOG/ Storm Water Program, City of Rialto. Since September 2015 as Environmental Technician, provided various support to the City of Rialto’s Water Conservation efforts, including: Analyze customer data to determine water reduction rate; Assist businesses and residents with water conservation goals; Develop and distribute water conservation outreach materials; Assist City staff with 2015 Urban Quality Management Plan; Assist in RFP review and implementation; and, Member of BTAC Water Conservation Subcommittee. City of Rialto, Public Works Department, Solid Waste Management. October 2001 to October 2011. Develop, implement and manage the City’s environmental programs; Provide administrative assistance to Department Head and Supervisors; Ensure compliance with mandated rules, regulations, policies and guidelines; Coordinate and conduct public education and in-service, including on-site presentations for schools and community groups; Provide ongoing hands-on participation with businesses and the public to set up new partnerships, maintain existing programs, and provide customer service; Prepare and distribute marketing materials; Maintain records and reports pertinent to new and ongoing programs, grant account funding/usage and budget compliance; Manage various public services including the Community Garden, Household Hazardous Waste Collection Site and State-certified Used Oil Collection Centers; Provide oversight of Household Hazardous Waste staff and volunteers; Act as the Liaison between City residents, Burrtec, and the Waste Board. EDUCATION Bachelor of Science, Health Sciences, California State University, San Bernardino, June 2001. Household Hazardous Waste Certified Technician Certified Master Gardener HAZWOPER, 2001 (renewed annually) DOT, 2001 (renewed annually) Certified Notary Public, 2010 (4-year commission) City of Lake Elsinore 22 >> NICK GONZALEZ, NPDES INSPECTOR I Lynn Merrill and Associates, Inc., Consulting to Municipal Governments Redlands, California EXPERIENCE Lynn Merrill and Associates, Inc., Consulting to Municipal Governments – Inspector. April 2015 to Present. Perform Commercial, Restaurant and Industrial Inspections for compliance with NPDES/ FOG/ Storm Water Program for various clients. City of San Bernardino, Mayor’s Office. 1999 to 2011. Assistant to the Mayor/ Community Liaison. Provided interface and ombudsmen services between the Mayor’s office, City Departments, other government and community organizations, and the general public. GMAC, Ontario California. 1981 to 1998. Provided a variety of customer service functions. Conduct dealership audits relating to sales of new vehicles. Performed repossession services when necessary for company, including skip tracing and other credit recovery functions. NBC, New York, New York. 1972 to 1981. Purchasing agent and audio-visual-optical specialist. EDUCATION Herbert H. Lehman Technical School, - Bronx, N.Y. 1971 – 1972, Liberal Arts courses N.Y. School of Printing, New York, N.Y. 1969 – 1971, Printer/Advertising Apprenticeship City of Lake Elsinore 23 >> JACQUELINE DULGUIME, ADMINISTRATIVE ASSISTANT / DATABASE MANAGER Lynn Merrill and Associates, Inc., Consulting to Municipal Governments, Redlands, California EXPERIENCE Lynn Merrill and Associates, Inc., Consulting to Municipal Governments. February 2016 to Present. Provide a variety of administrative support functions, including data input into San Bernardino County MS4 database; accounting and administrative support and marketing functions. EDUCATION Bachelor of Science, Business Administration and Marketing, University of California, Riverside, June 2016 City of Lake Elsinore 24 >> Roger Turner, Principal/Owner Roger Turner and Associates, Inc. Riverside, California EDUCATION Bachelor of Sciences, Environmental Science, University of California, Riverside - 1977 EXPERIENCE Senior Consultant - September 2006 to Present Western Riverside County Agricultural Coalition (WRCAC): Represent WRCAC working with the Regional Water Quality Control Board in regulatory permit development and approval for new CAFO NPDES Permit development 2012. Develop a Salinity Management Plan, Develop of revised Nutrient Plan program for CAFO’s. Storm Water Regulations WQMPs, SWPPPs: Prepares storm water WQMPs and SWPPPs including Industrial SWPPPs for clients. Participated with State Water Resources Control Board and Regional Boards in developing storm water policy and regulations. Associated with GFB-Friedrich & Associates, Inc.: Environmental Consultant providing support for preparing WQMPs and SWPPPs, CEQA documents, Water Demand Analysis reports for projects, and support for other environmental regulatory programs. Associated with Tetra Tech, Inc.: Program Management and support for preparing and representing CEQA documents. Prepare Water Quality Management Plans, SWPPP’s and Water Demand Analysis reports for projects. Acting Director of Planning Department/Senior Planner/ Regulatory Compliance Specialist - March 1992 to May 2006. Eastern Municipal Water District. Directed District Planning Department activities including capital improvements for District services, managing the Capital Improvement Plan, preparation and updating the Water, Wastewater, Recycled Water, and Biosolids Master Planning, and the Environmental CEQA/NEPA program. Managed the Regulatory Compliance program for the District. Conducted water quality assurance audits to ensure compliance for source testing and all sampling and analysis comply with applicable requirements. Program management of DeMinimus, Storm Water Permit, Waste Discharge Requirement permits, Sewer Management programs and the Drinking Water Source Assessment Program. City of Lake Elsinore 25 Environmental Specialist, State of California Regional Water Quality Control Board, Santa Ana Region - 1986 to 1992 Prepared surface water and groundwater studies and performed modeling work to establish constituent criteria, developed watershed planning studies and programs, organized and implemented Basin Planning programs. These tasks supported the development and implementation of waste load allocations and TMDLs within the Santa Ana River region. Performed comprehensive analysis and developed reports for the Regional Water Quality Control Boards' Non-Point Source programs. Developed special water quality studies and monitoring programs for rural and mountain communities, silviculture, lakes, and agriculture (dairies - high animal population confinement facilities). Senior Planner: - Riverside County Planning Department and City of Fontana Planning Department, October 1977 to February 1986 -Manager responsible for planning, organizing, developing, and implementing technical urban planning activities including: General Land Use Plans, Specific Plans, Community Plans, and tract maps; full case analysis, writing staff reports and resolutions, training and supervising planning staff in all aspects of urban planning duties. PROFESSIONAL & COMMUNITY AFFILIATIONS - California NAEP Liaison NAEP/AEP, Past Executive Vice President of the Association of Environmental Professionals, AEP Awards Chair, Past President of the Inland Empire Association of Environmental Professionals; Past Chair SARDA; Past Chair of SCAP Water Committee, Associate Member of A.I.C.P.; Charter Board Member of Inland Empire Section American Planning Association; Guest lecturer at University of California, Riverside; Member of Tri-TAC. City of Lake Elsinore 26 Section Cost Proposal D City of Lake Elsinore 27 May 22, 2017 Rita Thompson, Engineering Department City of Lake Elsinore 130 South Main Street, Lake Elsinore, CA 92530 REF: RFP – Inspection Services for City of Lake Elsinore, NPDES Commercial, Industrial and Post Construction BMP Facility Inspection Program Dear Ms. Thompson: We are pleased to submit the attached Cost Proposal in response to the above RFP. Lynn Merrill and Associates, Inc., Consulting to Municipal Government was formed in November 2004 by Mr. Lynn Merrill after a 12-year career in municipal governments, including ten years with the City of San Bernardino. The business previously operated as a sole-proprietorship and has been in business for over 12 years. The Table below sets forth our fully burdened labor categories. FULLY BURDENED LABOR RATE SCHEDULE All Labor Rates are listed fully burdened as presented. Mileage is set at the IRS Reimbursement rate of $0.535, and escalated 2.5% per year for Fiscal Years 2017-2018 and 2018-2019. Actual mileage rate for reimbursement in out years shall be the IRS Mileage Rate as set forth by the IRS each December. City of Lake Elsinore 28 INSPECTION SERVICES - TABLE We are hereby proposing the following pricing schedule for conducting the NPDES Commercial, Industrial, Restaurants and WQMP / Post Construction Inspections: Pricing for Industrial, Commercial and Restaurant NPDES inspections includes initial inspection, data input into the database, and one-follow-up inspection for purposes of verifying corrections resulting from the initial inspection and any Notice of Corrections issued, as well as mileage within the City of Lake Elsinore. Subsequent inspections required due to lack of correction or other causes by the individual inspectee will be billed on either a one-half the inspection cost or on a time-and-material basis at the billing rates set forth in the first table, based on the nature of the correction or violation and in consultation with the City. In the event that our inspector goes to a business and is refused entry by the business, that refusal shall be billed to the City at one- half the normal inspection rate of a commercial low business, in addition to any subsequent completed inspections carried out at that business. Respectfully, Lynn Merrill President City of Lake Elsinore 29 Section Example Form, Business License and Insurance Certification E City of Lake Elsinore 30 City of Lake Elsinore 31 City of Lake Elsinore 32 City of Lake Elsinore 33 EXHIBIT B EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED IF APPLICABLE] NONE Industrial H Industrial M Industrial L Restaurant H Restaurant M Restaurant L Commercial HCommercial M Commercial LResidential Post ConstructionReinspectionotherFY 17/18 Merrill $209.25 $167.40 $83.70 $69.75 $55.80 $41.85 $60.45 $51.15 $41.85 $139.50 no charge $22.50CWE $250.00 $170.00 $150.00 $120.00 $120.00 $120.00 $130.00 $130.00 $130.00 $150.00 $100.00 $80.00CASC $184.00 $147.00 $92.00 $123.00 $92.00 $92.00 $147.00 $123.00 $92.00 $137.00 $92.00FY 18/19 Merrill $216.57 $173.26 $86.63 $72.19 $57.75 $43.31 $62.57 $52.94 $43.31 $144.38 no charge $21.66CWE $255.00 $173.00 $153.00 $122.00 $122.00 $122.00 $133.00 $133.00 $133.00 $153.00 $102.00 $85.00CASC $191.00 $153.00 $96.00 $127.00 $127.00 $96.00 $153.00 $127.00 $96.00 $142.00 $96.00NPDES RFP Industrial, Commercial, Post Construction Inspection Fee Summary