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HomeMy WebLinkAboutItem No. 17 PSA As-Needed PSA NPDESCity of Lake Elsinore 130 South Main Street __ Lake Elsinore, CA 92530 II www.lake - elsinore.org VV °. - IKi -' City Council Agenda Report File Number: ID# 19 -631 Agenda Date: 6/23/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 17) Professional Services Agreement - As- Needed Professional Services for National Pollutant Discharge Elimination System ( NPDES) Compliance Authorize the City Manager, or designee, to execute and administer the Professional Services Agreement with Lynn Merrill and Associates to perform as- needed professional services for NPDES Permit compliance for Fiscal Year 2020 -21 with up to three (3) one -year renewal options each not to exceed annual compensation of $72,000 in substantially the form attached and in such final form as approved by the City Attorney. City of Lake Elsinore Page 1 Printed on 611812020 CITY OF ih41 4 LAKE LS1110 E L � DREAM EXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Remon Habib, City Engineer Date: June 23, 2020 Subject: Professional Services Agreement — As- Needed Professional Services for National Pollutant Discharge Elimination System ( NPDES) Compliance Recommendation Authorize the City Manager, or designee, to execute and administer the Professional Services Agreement with Lynn Merrill and Associates to perform as- needed professional services for NPDES Permit compliance for Fiscal Year 2020 -21 with up to three (3) one -year renewal options each not to exceed annual compensation of $72,000 in substantially the form attached and in such final form as approved by the City Attorney. Background Stormwater discharges in the City are authorized under the NPDES Municipal Separate Storm Sewer System (MS4) Permit 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, this permit mandates that the City inspect construction sites and industrial and commercial facilities and outfalls within its legal jurisdiction, review water quality management plans, attend mandatory meetings and training, prepare and submit annual reports, maintain databases of training, construction sites, commercial and industrial sites and post construction water quality facilities. Historically, NPDES commercial and industrial site inspections were conducted by Riverside County under a cooperative agreement. All other activities were conducted and /or coordinated by the Senior Engineering Technician. Approximately six (6) years ago, the cooperative agreement ended, and the City contracted for the inspection services. Recent Staff reassignment has further impacted the ability to perform the required compliance activities by 63 %, necessitating the potential need for additional contracted support to ensure the City performs the MS4 Permit mandated activities. Failure to perform mandated compliance activities will place the City in non - compliance of the permit, a fineable violation. Page 1 of 2 Discussion A Request for Proposal was published on PlanetBids; seven (7) proposals were received. Evaluation criteria included, among other factors, consultants' response to the scope of services, familiarity with the Santa Ana Region MS4 Permit, experience, depth of resources and familiarity with City and local region. The top two (2) are listed below: Consulting Firm Average Hourly Rate 1. Lynn Merrill ........... ............................... $ 72.18 2. CASC ................. ............................... $ 121.06 Both firms were very qualified, ranking in the 99th percentile. The factors that ultimately separated them were experience with the City and average hourly rate as shown above. Lynn Merrill and Associates, Inc., have been satisfactorily performing NPDES inspection services for the City for the last five (5) years. The hourly rate was determined averaging the rate of all staff identified as potentially providing services to the City. Lynn Merrill's proposal evidenced their ability to meet all requirements to perform as needed NPDES professional services for the City with a fee schedule in line with current staff costs. Given the current reduction in available staff time, it is anticipated that approximately 1,000 hours will be needed to fulfil the requirements. It is requested that the total contract not to exceed the current budgeted amount of $72,000.00, subject to mid -year review and budget adjustment, with an option to renew for up to three years. 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). Exhibits A — Agreement B — Proposal Page 2of2 AGREEMENT FOR PROFESSIONAL SERVICES LYNN MERRILL AND ASSOCIATES, INC. AS- NEEDED PROFESSIONAL SERVICES FOR NPDES PROGRAM COMPLIANCE This Agreement for Professional Services (the "Agreement ") is made and entered into as of June 23, 2020, 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: AS- NEEDED PROFESSIONAL SERVICES FOR NPDES PROGRAM COMPLIANCE. B. Consultant has submitted to City a proposal, dated June 1, 2020, 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, 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. @BCL @080E2B2E Page 1 C. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2020. and ending June 30, 2021. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 3 additional twelve (12) month renewal terms 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. 3. Compensation. a. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed seventy -two thousand dollars ($72,000) without additional written authorization from the City. Notwithstanding any provision of Contractor'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. b. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that the request for cost of living adjustment shall be presented to the City no later than June 1st of a particular year and, if approved by the City, will become effective on July 1st of that year. Any adjustment will be based on the Los Angeles- Riverside - Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5 %). 4. Method of Payment. Contractor 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. Contractor'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 Contractor provides services. Contractor'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 Contractor no later than forty -five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant's prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. 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 Page 2 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. 7. Plans, Studies, Documents. a. 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 shall have sole determination of the public's rights to documents under the Public Records Act, and any third - party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. 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 subcontractor 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. C. 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. Page 3 8. 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. 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. 9. Independent Contractor. a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, 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. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor 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 Page 4 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. 11. 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).) 12. 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 standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 13. Compliance with Laws. a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and /or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and /or business licenses, certifications and /or permits necessary for performing the services described in this Agreement, including a City business license. 14. 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. Page 5 15. Indemnity. a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents ( "Indemnified Parties ") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant's proportionate percentage of fault. Consultant's percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant's percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub - consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute. C. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub - consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. 16. 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 subcontractor 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 Page 6 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 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. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any Page 7 other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. 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. 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. 17. 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 12 Nevada Street, Suite A Page 8 Redlands, CA 92373 18. 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 subcontractor 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 subcontractor other than as otherwise is required by law. 19. 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. 20. 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. 21. 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. 22. 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 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. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Page 9 24. 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. 25. 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. 26. 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. 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. Counterparts. 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. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant's Proposal is incorporated only for the description of the scope of services and /or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant's Proposal. 30. 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. [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: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager Attachments: Exhibit A — Consultant's Proposal Exhibit B — List of Subcontractors "CONSULTANT" LYNN MERRILL AND ASSOCIATES, INC., a California Corporation By: Lynn Merrill Its: President Page 11 .■ CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A .■ LIST OF SUBCONTRACTORS [ATTACHED] June 1, 2020 I CLynn Merrill & Associates. Inc. .Uttingto Municipal Governments Sustai nabil ity • Ope rati ons • Management Remon Habib City Engineer Engineering Department City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 REF: REQUEST FOR PROPOSAL — AS NEEDED PROFESSIONAL SERVICES FOR NPDES PROGRAM COMPLIANCE Dear Mr. Habib: We are pleased to submit the attached Proposal to provide professional services for NPDES Program Compliance as described in the above referenced RFP. We believe that our proposal meets and exceeds the requirements of the City. Our team consists of Lynn Merrill and Associates, Inc. (LMA) and CG Resource Management and Engineering, Inc. ( CGRME) (TEAM). LMA will be the primary contractor and point of contact on this effort. CGRME will be providing specific Planning and Land Use Development services in the areas of reviewing new development submittals for NPDES compliance and Water Quality Management Plan (WQMP) checks as requested by the City of Lake Elsinore. Combined, this TEAM has been actively involved in various aspects of the NPDES programs within southern California for over 30- years. Our approach is to bring efficiency, professionalism, and strategic compliance to the NPDES programs. • LMA has been providing municipal consulting services to the southern California market since 2004, and prior to that our principal was the Public Services Director for the City of San Bernardino with operational oversight of the city's NPDES and MS4 systems. LMA has been providing NPDES program support for the last 10 years, and currently provides NPDES Program Administration, policy analysis, and commercial and industrial / FOG inspection programs to eight jurisdictions within the Riverside and San Bernardino counties. Over the last ten years, LMA has conducted nearly 3,000 commercial / industrial inspections and their inspectors are QISP certified. Since 2014, we have conducted 782 NPDES compliance inspections within the City of Lake Elsinore alone. Our firm has been an active member of the Riverside County Technical Advisory Committee and has represented the City of Lake Elsinore occasionally at these meetings. Our principal has been actively involved in the Lake Elsinore / Canyon Lake TMDL Task Force since March 2012 as a representative of the City of San Jacinto. In addition, our firm was involved in the renewal process for the current Riverside County Permit (NPDES NO. CAS 618033 ORDER NO. R8- 2010 -0033) since 2009 and have actively worked towards implementation of this permit since its adoption in January 2010. LMA will provide overall program management for this effort to the City of Lake Elsinore, and will be responsible for program administration and review; inspections of commercial, industrial, and permanent BMPs on WQMP development sites; preparation of grant i 12 Nevada Street, Suite A Redlands, California, 92373 Office: 909- 894 -4425 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance documents as requested; and other services as outlined in Tasks 1 through 5 within the RFP, as well as Task 7. • CGRME, a certified women's small business firm, has been providing consulting services to numerous public agencies and private industries for over 29 years. Specific to the City, she has been providing NPDES and Program/Project Management assistance for similar jurisdictions for approximately 18 years. CGRME's experience supporting both municipalities and industrial facilities in complying with CEQA, stormwater regulations, document preparation, inspections, construction and project management and program development allows them to be particularly well- suited in assisting the City in its NPDES program implementation of various environmental and engineering tasks. CGRME's primary goal as overall program manager is to develop seamless relationships with the City staff so that program development and work production will appear effortless. The firm's Principal has conducted a variety of training programs at the various jurisdictions and is a Trainer of Record for both the General Construction Permit and General Industrial Permit programs. CRGME will be responsible for providing engineering and technical support to the Planning and Land Development Programs within the City of Lake Elsinore, as set forth in Task 6 as well as Task 7 support as needed. The tasks proposed within the City of Lake Elsinore's Scope of Work are normal and typical elements of most NPDES programs within California. Commercial and industrial inspection programs involve conducting inspections of the exterior of each business, and reviewing the practices and operations of the business to ensure that best management practices are in place and being practiced. Plan check services involves reviewing the submitted grading and construction plans, preliminary WQMPs and other documents in order to ensure that the site construction includes appropriate best management practices, compliance with the WQMP and City's land development and grading ordinances. The full legal name of each proposer is as follows: RESPONDENT'S PRINCIPAL CONTACT AND MANAGEMENT CONTACT: Lynn Merrill and Associates, Inc. 12 Nevada Street, Suite A, Redlands, California 92373. Telephone 909 -894- 4425. Principal Contact: Lynn Merrill, President, 909 - 894 -4425, lcmuplandkaol.com. LMA is a "S" Corporation" and is identified as California Secretary of State Corporate Identification Number C3829697, dated September 28, 2015. Federal Tax Identification Number 81- 0780929. Mr. Merrill is authorized to execute agreements for the corporation as appropriate. SUBCONTRACTOR; CG Resource Management and Engineering, Inc., 2105 Foothill Blvd, Ste B -135, La Verne, California 91750. Telephone 909 - 455 -8520. Principal Contact: Cynthia Gabaldon, President, 909 - 455 -8520, Cynthia. gabaldon(c cgrme.com. California Secretary of State Corporate Identification Number C3596346, dated August 14, 2013. Federal Tax Identification Number 46- 3522822. Ms. Gabaldon is authorized to execute agreements for CGRME as appropriate. City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance QUALIFICATIONS 1. Both LMA and CGRME have over twelve years of continuous experience providing the types of services set forth in the City's RFP under Santa Ana Region 8 NPDES MS4 Riverside County Permit as issued by the Regional Board in January 2010, including specific work efforts for the cities of San Jacinto, Perris, Menifee and March Joint Powers Authority under the Riverside County Permit. 2. LMA's staff inspectors have over eight years of experience performing NPDES inspections and six years of specific experience within the City of Lake Elsinore performing 782 inspections of the type set forth in the RFP. 3. LMA's staff has previously passed Live Scan through the City of Lake Elsinore. 4. LMA currently has a business license from the City of Lake Elsinore, number 021722 with an expiration of August 31, 2020. A copy of this business license is included in the Appendix. 5. LMA currently has all required insurance set forth by the City of Lake Elsinore, and has previously provided Certificates of Insurance naming the City as an additional insured. A copy of these current insurance certificates are included in the Appendix. 6. Per review of Planet Bid on May 27, 2020, no amendments to the RFP have been issued. 7. The following proposal, including all attachments and fees, shall be valid for 180 calendar days from June 1, 2020. 8. The signature of our LMA principal is authorized to bind the firm and subcontractors contractually. 9. All information contained herein is hereby certified by the below signature of Lynn Merrill, President, LMA as being true and correct, to the best of our knowledge and belief. We look forward to providing the requested services to the City of Lake Elsinore. Respectfully submitted, ;4' m6 Lynn Merrill Principal City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance of Lake Elsinore PROPOSAL AS- NEEDED PROFESSIONAL SERVICES FOR NPDES PROGRAM COMPLIANCE SUBMITTED BY: Lynn Merrill & Associates, Inc. [onsul[Iny LP MunlCIpal [fpVefnments S1.1nahllltyOpeFadons • Nianagemena Lynn Merrill and Associates, Inc. 12 Nevada Street, Suite A Redlands, California, 92373 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance TABLE OF CONTENTS Cover Letter (in front) Table of Contents ExecutiveSummary ................................................................ ..............................1 Qualifications and Experience ............................................. ............................... 6 References.............................................................................. .............................11 KeyPersonnel ........................................................................ .............................15 ProjectApproach ................................................................. ............................... 25 Professional Services Agreement ......................................... .............................32 Insurance and Business License Requirements ................. .............................32 Statement of Limitations of Liability, Errors and Omissions Coverage ..... 32 Appendix.............................................................................. ............................... 33 Required Forms Declaration for The Consultants ...................... ............................... 34 Extension of Contract to Other Public Agencies ......................... 35 Non - Collusion Declaration ............................... ............................... 36 Certificate of Insurance — City of Lake Elsinore . ............................... 37 City of Lake Elsinore Business License ................ ............................... 39 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance EXECUTIVE SUMMARY We are pleased to submit this Proposal to provide As- Needed Professional Services for NPDES Program Compliance to the City of Lake Elsinore. We believe that our proposal meets and exceeds the requirements of the City. Our team consists of Lynn Merrill and Associates, Inc. (LMA) and CG Resource Management and Engineering, Inc. (CGRME) (TEAM). Combined, this TEAM has been actively involved in various aspects of the NPDES programs within both Riverside County and southern California for over 30- years. Our approach is to bring efficiency, professionalism, and strategic compliance to the NPDES programs. The TEAM is cross - trained and generally versed in many aspects of the NPDES programs. This allows for efficiency and strategic compliance. Recent California legislation, including SB205 and the 2020 budgetary impacts, will precipitate the need to strategize on -going program implementation and compliance. • LMA has been providing municipal consulting services to the southern California market since 2004, and prior to that, our Principal was the Public Services Director for the City of San Bernardino with operational oversight of the city's NPDES and MS4 systems. LMA has been providing NPDES program support for the last 10 years, and currently provides NPDES Program Administration, policy analysis, and commercial and industrial / FOG inspection programs to eight jurisdictions within the Riverside and San Bernardino counties. They have conducted nearly 3,000 commercial / industrial inspections and their inspectors are QISP certified. LMA will be responsible for all aspects of the City's NPDES Program Compliance, including: Program Assistance (Task 1) — Mr. Merrill has had 11 years of experience in the preparation and submission of the required annual Riverside County NPDES program reports; has previously assisted the City of Lake Elsinore in the 2014 EPA/SARWQCB Audit as well as the 2012 EPA/ SARWQCB City of Rialto Audit; and, has provided various technical and policy discussions with Lake Elsinore staff regarding program implementation. 4� Industrial / Commercial Facility Inspections (Task 2). Since 2014, LMA has conducted 782 commercial, industrial, and BMP inspections within the City of Lake Elsinore and has conducted nearly 3,000 inspections of this type under the Riverside and San Bernardino counties NPDES Permits adopted in 2010. Our team members have been using the City's MS4 Web Database continuously since it was acquired by the City of Lake Elsinore. While our team has not been asked to prepare educational materials, one of our staff is trained in graphic arts and has prepared various presentation materials for the NPDES programs. It is also noted that our team has also prepared and is practicing Covid -19 safety protocol procedures. Engineering and inspection staff have incorporated field procedures to assist with inspections. This provides for confidence and safety for both the public and staff. Review Current NPDES Program (Task 3). Over the last ten years, Mr. Merrill has been actively involved with the NPDES Programs in both Riverside and San Bernardino counties. He has prepared, reviewed, and revised ordinances for various cities as it relates to aspects of the NPDES program, and currently conducts annual reviews of these ordinances as part of the NPDES Permit program compliance. He specifically has developed an inspection program ordinance for the City of Rialto and previously has developed various environmental ordinances as Public Services Director for the City of San Bernardino. He has a depth of understanding relating to the various legal and policy requirements in the review of programs, 1 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance including cost accounting, policy and operational requirements. Preparation of Grant Documents (Task 4). Mr. Merrill has successfully prepared grant packages for a variety of environmental services, including energy conservation, water rate studies, water conservation grants, and MSRC grants. He successfully obtained nearly $1.0 million in various grants for the City of San Jacinto, coordinated the program management for nearly $500,000 in energy conservation and lighting retrofit programs for both Rialto and Grand Terrace, and successfully applied for a $1.0 million grant to construct an alternative fuels (CNG) facility for the City of San Bernardino. Public Outreach and Participation (Task 5). Our team has been involved in various aspects of public outreach, including one -on -one inspection program education, presentations before City Councils and appointed boards and other interface points in which the NPDES program may be discussed. As mentioned above, while the City of Lake Elsinore has not required development of outreach materials, our Senior Supervising Inspector has a degree in the area of Game Arts and Design, and is familiar with the layout and development of websites, flyers and other outreach materials, and can assist the City in design of appropriate NPDES program materials to increase outreach to the community. 4� Planning and Land Development Programs (Task 6). While Ms. Gabaldon will be the primary responsible party for planning and land use activities, including the review of WQMPs, Mr. Merrill is familiar with the various laws and regulations relating to land entitlement, and served on the City of San Bernardino's Design and Environmental Review Committee during his tenure with the City. Please see additional discussion regarding this Task under the CGRME section below. lk� Miscellaneous Services (Task 7). Both Mr. Merrill and Ms. Gabaldon will be available to provide as -need policy and engineering guidance to the City, including attendance at any in- house meetings with city staff, members of the business or development community, or other environmental program support as appropriate. Both Mr. Merrill and Ms. Gabaldon are available via email and phone to provide services and are within a one -hour drive of the City. Invoicing (Task 8). LMA will be responsible for completion and submission of a monthly invoice, including all supporting documentation no later than the 15th of each calendar month for the previous month's work efforts. Invoicing shall include all required documentation including a list of inspections completed, project or tasks accomplished and other documentation as requested by the City. • CGRME has been providing consulting services to numerous public agencies and private industries for over 29 years. Specific to the City, she has been providing NPDES and Program/Project Management assistance for similar jurisdictions for approximately 18 years. Since 2012, Cynthia has provided various NPDES services to the cities of San Jacinto, Perris Menifee and March Joint Powers Authority within the Riverside County NPDES Program. CGRME's experience supporting both municipalities and industrial facilities in complying with CEQA, stormwater regulations, document preparation, inspections, construction and project management, and program development allows them to be particularly well- suited in assisting the City in its NPDES program implementation of various environmental and engineering tasks. Cynthia has conducted many training programs at the various jurisdictions and is a Trainer of 2 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance Record for both the General Construction Permit and General Industrial Permit programs. Her efforts with Lake Elsinore will include: Program Assistance (Task 1) — Mr. Gabaldon has had 11 years of experience in the preparation and submission of the required annual Riverside County NPDES program reports; has provided audit and technical support for the City of Perris and three other municipalities during recent EPA /SARWQCB Audits; and has provided various technical and policy discussions with Lake Elsinore staff regarding program implementation. Review Current NPDES Program (Task 3). Over the last 18 years, Ms. Gabaldon has been actively involved with the NPDES Programs in both Riverside and San Bernardino counties. She has actively worked with municipal agencies, developing appropriate approaches designed to streamline the regulatory processes, while providing guidance to her various clients in compliance with the NPDES programs. Having worked for many client types has given her additional insight into municipal priorities. In her current roles assisting both public and private entities, she has grown to understand how to simplify tasks to a practical and manageable implementation effort. Planning and Land Development Programs (Task 6). Ms. Gabaldon has 30 years of experience as a construction manager, project manager and resident engineer for public and private facilities and civil construction. She has also worked for a public agency giving her additional insight into municipal agency priorities. She has participated in many levels of the project development and implementation process including: CEQA document preparation and compliance, permit negotiations with the regulatory agencies, documentation and report preparation, field inspections for permitting and construction, training, evaluation of the existing compliance program, and planning and development of goals and tasks. Internal tasks included: budget analysis and monitoring, inter - departmental coordination, and representing the municipal agency at various regional meetings. 96� Miscellaneous Services (Task 7). Both Ms. Gabaldon and Mr. Merrill will be available to provide as -need policy and engineering guidance to the City, including attendance at any in- house meetings with city staff, members of the business or development community, or other environmental program support as appropriate. Both are available via email and phone to provide services and are within a one -hour drive of the City. The tasks proposed within the City of Lake Elsinore's Scope of Work are common program elements of most NPDES programs within California. Commercial and industrial inspection programs involve conducting inspections of the exterior of each business and reviewing the practices and operations of the business to ensure that best management practices are in place and being practiced. Plan check services involve reviewing the submitted grading plans, construction plans, WQMPs, and other documents in order to ensure that the site construction includes appropriate best management practices and compliance with the WQMP. In addition, field inspections that ensure erosion control features and permanent BMPs are being installed according to plan, as well as final certification of installation and operation per plans and specification. Our team maintains local offices which allow us to respond quickly and appropriately to the City's needs. LMA maintains offices in Redlands, California and is within 1 -hour of Lake Elsinore City Hall. CGRME is located in La Verne, California, within 1 -hour of Lake Elsinore City Hall. Our 3 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance TEAM is local and is familiar with the Riverside County NPDES Permit requirements, the Industrial General Permit, and the Construction General Permit. Our team members maintain Qualified Storm Water Developer (QSD), Qualified Storm Water Practitioner (QSP) and Qualified Industrial Storm Water Practitioner (QISP) registrations. Further, Ms. Gabaldon is a Trainer of Record (TOR) for both the IGP and CGP within the State of California. MEETINGS Our TEAM will attend an on -site or virtual kick -off meeting with the City staff within 10 business days from issuance of a purchase order. We will attend as- needed progress meetings as requested by the City on a timely manner. DESIGN REVIEW MEETINGS - The Design Review meetings are typically internal meetings in which the various departments provide input into conditions of approval for new developments within the City. Based on the proposed agenda for each DR meeting, our TEAM will work closely with the Engineering Department as we review the design package and prepare conditions of approval as they relate to the NPDES program for inclusion. While it will not be necessary for us to attend all DR meetings, our TEAM will attend any necessary. Ms. Gabaldon currently attends the DR for both the cities of Perris and San Jacinto as needed. Mr. Merrill will serve as a back -up to this process; he previously participated in the Design and Environmental Review Committee meetings for the City of San Bernardino during his ten -year period there. TAC MEETINGS - Our team routinely represents the cities of San Jacinto and Perris at the Riverside County Technical Advisory Meetings, and have been occasionally requested to represent the City of Lake Elsinore at these meetings during the last three years. Our team participates in both the open session as well as the Permittee session, and have provided detailed policy opinions and recommendations to the team members. This level of experience and involvement will be particularly important as the Regional Board moves towards the presentation and potential adoption of a Santa Ana River Regional Permit, including Riverside as well as San Bernardino and Orange counties. LE /CL TMDL TASK FORCE MEETINGS — Mr. Merrill has been a regular participant in the Lake Elsinore / Canyon Lake TMDL Task Force meetings since the March 27, 2012 meeting representing San Jacinto. Ms. Gabaldon has been a regular participant since January 14, 2014 representing Perris. Both Mr. Merrill and Ms. Gabaldon have been actively involved in the development of the revised Lake Elsinore / Canyon Lake TMDL, currently awaiting Regional Board Public Hearing and approval. Mr. Merrill strongly pushed for the use of updated watershed and lake modeling as subsequently completed by Dr. Michael Anderson, UCR, which ultimately provided a clearer understanding of the challenges faced with bringing Lake Elsinore into compliance. He has actively reviewed the use of alum treatments in Canyon Lake, as well as the Lake Elsinore Aeration and Mixing System (LEAMS) in order to ensure that these treatment systems were effective and cost efficient. Ms. Gabaldon has concurrently conducted similar reviews and was part of the TMDL revision team. During the course of development of the revised TMDL, Mr. Merrill and Ms. Gabaldon teamed together to review and question various assumptions in order to ensure that the programs would further achieve compliance and ensure that the watershed efforts were moving towards compliance and ultimately delisting. TECHNCIAL ADVISORY COMMITTEE SUBCOMMITTEE MEETINGS — The only TAC subcommittee meeting that is routinely scheduled is the Public Education meeting. We will 4 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance commit to attending this meeting as appropriate. Ms Gabaldon is already a key member of the Low Impact Development/WQMP revision TAC committee. We believe that this TEAM provides the best possible group of experiences, understanding, and ability to meet and exceed Lake Elsinore's requirements. This TEAM has collectively over 20 years of combined experience in the San Jacinto Watershed and the Riverside County NPDES Permit. Combining that with the work each of us have done in the San Bernardino and Los Angeles County Watersheds, we bring the strongest familiarity and deepest understanding of NPDES needs, while maintaining an understanding of regional trends. In light of the movement by the Regional Board towards a three - county Santa Ana Permit, this cross - county working knowledge will be most valuable to the City of Lake Elsinore. It is expected that the Municipal Storm Sewer System (MS4) Permit renewal process will begin in Fall 2020. Both Cynthia and Lynn have participated in Permit negotiations. During the 2002 Permit renewal, Ms. Gabaldon was a key participant, representing a local Riverside County city as a staff member. The upcoming permit is expected to be a "regional" permit. Strong representation and attention to details will be vital to a practical and manageable Permit. 5 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance QUALIFICATIONS AND EXPERIENCE Our team consists of Lynn Merrill and Associates, Inc. (LMA) and CG Resource Management and Engineering, Inc. ( CGRME), (TEAM). LMA will be the primary contractor and point of contact on this effort as it relates to program assistance, industrial and commercial inspection programs, grant assistance, and other services to the City. CGRME will be providing specialized planning and land use services as it relates to plan checks, review of preliminary and final WQMPs, field inspection of sites to ensure compliance with grading and BMP implementation and other land use and engineering activities. All team members possessing professional licensing or certifications are current in their certifications. Each TEAM member is independent and properly licensed, where applicable, to practice within California. TEAM members maintain appropriate business licenses within their respective jurisdictions. Combined, this TEAM has been actively involved in various aspects of the NPDES programs within southern California for over 30- years. Our focus is to bring efficiency, professionalism, and strategic compliance to the NPDES programs. The TEAM is cross - trained and generally versed is many aspects of the NPDES programs. This allows for efficiency and strategic compliance. Recent California legislation, including SB205, and the 2020 budgetary impacts will precipitate the need to strategize on -going program implementation and compliance. Also, health and safety provisions have been developed to mitigate the current public health policies. Mr. Merrill will be assigned as the City of Lake Elsinore's Program Manager, a role that he currently provides under the City's existing NPDES commercial and industrial inspection contract with LMA. Mr. Merrill has over twenty -five years of experience in both a municipal setting and as Principal in LMA, with an emphasis on NPDES program management, operations and policy analysis. In 2014, he provided professional support to the City's NPDES program during the EPA /SARWQCB audit and has provided policy discussions as requested by the City's NPDES Stormwater Coordinator. As the Program Manager, Mr. Merrill possesses unique qualifications for the City which are unparalleled in the region. Mr. Merrill brings to the program an understanding of the daily challenges that cities face regarding implementation of storm -water / NPDES elements, having served as the Public Services Director for the City of San Bernardino for 10 years, and subsequently providing various NPDES and environmental services to over 18 municipal clients over the last 15 years as principal of LMA. His experience includes grant preparation and administration, as well as field operations. Extensive Watershed Experience: When managing storm water regulatory programs, it is important to have local experience. Both Mr. Merrill and Ms. Gabaldon have provided environmental compliance, regulatory assistance, and engineering services in the region for over 20 years. Since 2012, both Mr. Merrill and Ms. Gabaldon have been active participants in the Riverside County NPDES program, including involvement within the San Jacinto River watershed as municipal representatives on the LE /CL TMDL Task Force, and program managers for the NPDES programs in San Jacinto, Perris, Menifee, and March JPA. Mr. Merrill also represents the cities of Rialto, Big Bear and Grand Terrace on the San Bernardino County program, as well as provides NPDES support to Loma Linda. 6 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance Experienced Local Team and Seasoned Project Manager: Mr. Merrill has been a trusted voice regarding regulatory compliance, program implementation, and water quality policy issues within both the Riverside County and San Bernardino County NPDES Programs, and has overseen the NPDES programs for eight municipal governments. Ms. Gabaldon is experienced and well respected in the water quality regulatory compliance, CEQA, and general engineering industry. 44& Practical Knowledge: One of the key distinct advantages of CGRME is that Ms. Gabaldon has both construction and water quality experience allowing for her to provide proactive and practical recommendations. She also has extensive auditing, presentation, and training experience, which provides for additional experience when explaining regulatory details and concepts alike. Our TEAM has a long list of clients for whom we have provided stormwater management planning, permitting, program development, and program implementation services. We have been managing programs or providing services for similar scopes of work to public clients for over 18 years. Some of our clients have included: • City of Lake Elsinore • County of San Bernardino • City of San Jacinto • Riverside County Flood Control & Water Conservation • City of Perris District • City of Rialto • Santa Ana Watershed Project Authority • City of Grand Terrace • Caltrans • City of Loma Linda • March Joint Powers Authority • City of Big Bear Lake • City of Fontana • City of La Habra Heights • City of Pomona The TEAM has worked with each other on many projects. We have the communication and teamwork foundation to keep the project tasks on schedule and on budget. The depth and breadth of experience concerning the NPDES compliance requirements is found in our range of projects and in the many related tasks as presented above. The following provides a sampling of our experience in detail: NPDES PR OGRAM MANA GEMENT, INSPECTIONS, AND POLICY SUPPOR T City of Lake Elsinore NPDES Technical Assistance and Commercial, Restaurant and Industrial Inspections, 2014 to Present: Perform NPDES commercial, industrial, restaurant, and WQMP BMP inspections for the City. Tasks include: coordination with City staff as it relates to the inspection program; plan and schedule inspections based on prior year inspections, direction from the City, updates to business registrations, and other factors; conduct Commercial, Industrial, and Restaurant inspections per standard inspection protocols; identify and document areas of correction identified during the inspections; perform follow -up on noted deficiencies to ensure correction; maintain and update City's inspection database. Provided technical assistance in the 2014 EPA /SARWQCB Audit. City of San Jacinto NPDES Commercial, Restaurant and Industrial Inspections and Policy Support, 2010 to Present: Manage a range of services to the City pertaining to their NPDES program, including representation of the city to various regional meetings and conducting City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance compliance inspections. Tasks include: Representing the City at the Riverside County Technical Advisory Meeting; representing the City at the Lake Elsinore / Canyon Lake TMDL Task Force Meetings; review and analyze technical studies and reports relating to updates to the LE /CL TMDL, and project implementation plans such as the Comprehensive Nutrient Reduction Plan; coordinate training schedules for Public Works field staff; preparation of City's annual report for submission through the Principal Permittee to the Santa Ana Regional Water Quality Control Board; coordinate and conduct all aspects of the City's Commercial, Industrial, and Restaurant NPDES Inspection Programs. City of San Jacinto NPDES Program and Water Quality Management Plan Reviews, 2004 - current: Managing a range of services for the City pertaining to their NPDES program, including WQMP reviews, program development, and internal training. Tasks include: Conditions of Approval final clearance when projects move through the construction phase; assisting the Community Development and Public Works Departments with the reviews of preliminary and final WQMPs; preparing standardized review letters; scheduling and coordinating with applicants; and assisting the City with various aspects of program development including in -house training that included administrative staff and planning staff. Also includes document review for CEQA analysis. City of Perris NPDES Commercial, Restaurant and Industrial Inspections, 2014 - current. Perform NPDES Commercial, Industrial, and Restaurant inspections for the City. Tasks include: coordination with City staff as it relates to the inspection program; plan and schedule inspections based on prior year inspections, updates to business registrations, and other factors; conduct Commercial, Industrial, and Restaurant inspections per standard inspection protocols; identify and document areas of correction identified during the inspections; perform follow -up on noted deficiencies to ensure correction; maintain and update City's inspection database. Project Manager, Program Manager and Water Quality Management Plan Reviews, Perris, CA, City of Perris, 2004 - current Provide technical review as required by the Municipal MS4 Permit for City of Perris Planning Department on submitted Water Quality Management Plans, 2005 — ongoing. To date approximately 230 preliminary WQMPs and final WQMPs have been submitted to the City. Manage the program for both Planning and Engineering. Also provide internal training to all staff and management concerning changes to MS4 Permit. Oversee Permit required commercial and industrial inspections. Participate in Annual Report preparation and in internal policy decisions concerning NPDES tasks. Represent the City at the Canyon Lake/Lake Elsinore TMDL Meetings and strategically plan how to manage the Canyon Lake /Lake Elsinore TMDL compliance. Also lead staff for Fall 2018 Water Board Audit focusing on WQMP and construction inspection management; Water Board has confirmed that the City is in compliance in all areas. City of Rialto. On -Call NPDES Program Management 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 H. City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance appropriate. Coordinated field activities including overseeing the City's inspection programs. Mr. Merrill 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 Grand Terrace NPDES Program Management, Commercial and Industrial Inspection, 2012 to Present. Manage a range of services for the City pertaining to their NPDES Program, including representation at various regional meetings, program development, compliance inspections, investigations, training and other interdepartmental supports. Tasks include: Representation of the City at the San Bernardino General Management Committee and Fiscal Subcommittee meetings; oversee all aspects of the Commercial, Industrial, and Restaurant FOG and NPDES inspection programs; conduct special studies and investigations relating to illicit discharge and illicit connection reports; assist Code Enforcement and Development Services in implementing and assuring NPDES program requirements are included within the development entitlement process; prepare annual reports for submission to the Santa Ana Regional Water Quality Control Board through the Principal Permittee; conduct periodic training of staff as it relates to various NPDES program elements; maintain City's C1oudCompli database regarding program activities. Project Manager, NPDES Management Services, March Joint Powers Authority, 2008 - current: Provide consulting services for developing a NPDES program services, including program development, document preparation, and miscellaneous assistance to agency staff. Primary author of the agency's WQMP document that was approved by the Governing Board and implements the Riverside County MS4 permit requirements. Includes strategically planning how to manage the Canyon Lake/Lake Elsinore TMDL compliance. Also includes document preparation and review for CEQA analysis. City of La Habra Heights, 2013 - current: Primary work duties have focused on developing and implementing the City's Watershed Management Plan (WMP), participating Reasonable Assurance Analysis (RAA) and Integrated Monitoring Plan (IMP). These tasks include participation in evaluation of the existing compliance program and planning and development of future program goals and tasks. The documents all required submittal to the Los Angeles Water Board for approval. Internal tasks included budget analysis and monitoring, inter - departmental coordination, training, document reviews, and scheduling organization. Also includes document preparation and review for CEQA analysis. GRANT WRITING AND ADMINISTRATION SERVICES For the City of San Jacinto, Mr. Merrill successfully applied for several turf - removal grants, including one which provided $575,594 to remove and replace 287,797 square feet of turf in a multiple use residential community. In addition, Mr. Merrill, assisted the City of San Jacinto in obtaining a Santa Ana Watershed Project Authority Grant to fund a conservation -based water rate study in the amount of $215,000. For the cities of Rialto and Grand Terrace, Mr. Merrill was the primary grant author and project manager for these cities' 2009 Energy Efficiency and Conservation Block Grant. Mr. Merrill also was the lead author of the City of Rialto's grant application to the State Office of Historic Preservation to conduct the original Historic Resources Survey in 1987 to 1990. 9 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance For the City of San Bernardino, Mr. Merrill prepared or oversaw the preparation of a variety of environmental grants, from used oil to waste tires, which helped fund a variety of environmental outreach programs. In 2003, he prepared a Mobile Source Air Pollution Reduction Review Committee (MSRQ Grant that provided over $1.0 million in funding and allowed the City to construct an LPG fueling facility for the City's fleet of solid waste collection vehicles at the City yard on Sierra Way. 10 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance REFERENCES The following provides additional detailed references for the team members, including client contact information, scope of project and current status: Lynn Merrill and Associates, Inc. 1. Client's Company Name: City of Lake Elsinore Client Address: 130 South Main Street Lake Elsinore, California, 92530 Contact's Name: Rita Thompson Contact's Title: Stormwater Coordinator Contact's Telephone & FAX: 951.674.2124, Ext 308 Contact's Email: rthompson@lake- elsinore.org Scope of Services /Products Provided: NPDES Commercial and Industrial Inspections, WQMP Post Construction BMP Inspections and technical support as requested Project Completion Date & Value: August 2014 to Present. $15,000 per year 2. Client's Company Name: City of Rialto Client Address: 335 West Rialto Avenue, Rialto CA 92376 Contact's Name: Katie Nickel Contact's Title: Public Works Project Manager Contact's Telephone & FAX: 909.820.2507 Contact's Email: knickel(agrialtoca.gov Scope of Services /Products Provided: NPDES Administration, Commercial Industrial Inspections, WQMP Program administration, Construction Site Inspections as requested, FOG and other services requested. Represent City at San Bernardino County NPDES General Meeting. Project Completion Date & Value: 2012 to present - $170,000 per year under current contract with additional work added under amendments. 3. Client's Company Name: City of San Jacinto Client Address: 270 Bissel Place, San Jacinto, CA 92583 Contact's Name: Bob Brady Contact's Title: Special Projects Director Contact's Telephone & FAX: 951.654.4041 Contact's Email: bbradygsanjacintoca.gov Scope of Services /Products Provided: NPDES Program Administration, Commercial and Industrial Inspections, Preparation of Annual Report, Trash TMDL Implementation Planning. Representation at Riverside County TAC and LE /CL TMDL Task Force. Project Completion Date & Value: 2010 to present - $25,000 per year under current contract. 4. Client's Company Name: City of Perris Client Address: 101 North D Street Perris, California, 92570 -1998 Contact's Name: Michael Morales Contact's Title: CIP Program Manager Contact's Telephone & FAX: 951.956.2120 11 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance 12 Contact's Email: mmoraleskcityfperris.or Scope of Services /Products Provided: NPDES Commercial / Industrial Inspection Services. Project Completion Date & Value: September 2006 to Present. $14,000 for NPDES Inspection services; other services separately riced. S. Client's Company Name: City of Grand Terrace Client Address: 22795 Barton Road Grand Terrace, CA 92313 Contact's Name: Alan French Contact's Title: Public Works Director Contact's Telephone & FAX: 909 - 824 -6621; extension 251 Contact's Email: afrench(kgrandterrace- ca.gov Scope of Services /Products Provided: NPDES Program Administration. Commercial and Industrial Inspection. Other support as requested. Represent City at San Bernardino County NPDES General Meeting Project Completion Date & Value: October 2014 to Present. $10,000 per year 6. Client's Company Name: City of Big Bear Lake Client Address: 39707 Big Bear Boulevard Big Bear Lake, CA 92315 Contact's Name: John Harris Contact's Title: Public Works Director Contact's Telephone & FAX: 909 - 866 -5831 Contact's Email: jharriskcitybigbearlake.com Scope of Services /Products Provided: NPDES Commercial / Industrial Inspections; FOG Inspections, other services as requested Project Completion Date & Value: May 2018 to Present. $10,300 per year 7. Client's Company Name: City of Loma Linda Client Address: 2551 Barton Road Loma Linda, CA 92354 Contact's Name: Jarb Thaipejr Contact's Title: City Manager / Public Works Director / City Engineer Contact's Telephone & FAX: 909.799.4407 Contact's Email: jthaipeir(cr,lomalinda- ca.gov Scope of Services /Products Provided: NPDES Program support, Commercial / Industrial Inspections. Project Completion Date & Value: 2015 to Present. $7,500 per year. 8. Client's Company Name: County of San Bernardino Client Address: 825 East Third Street, Room 201 San Bernardino, CA 92415 -0835 Contact's Name: Arlene Chun, PE Contact's Title: Stormwater Program Manager Contact's Telephone & FAX: 909.387.8112 Contact's Email: arlene.chun(kdpw.sbcount gov Scope of Services /Products Provided: NPDES Commercial / Industrial Inspection Services; Field Sampling of Cucamonga Creek. Project Completion Date & Value: July 2013 to August 2018. $30,000 per year. 9. Client's Company Name: City of Banning Client Address: P.O. Box 998 12 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance CG Resource Management and Engineering, Inc. 1. Client's Company Name: Banning, CA 92220 Contact's Name: Ann Marie Loconte , PE Contact's Title: Associate Civil Engineer Contact's Telephone & FAX: 951- 922 -3130 Contact's Email: amlocontekci.banning ca.us Scope of Services /Products Provided: NPDES Commercial and Industrial Inspections, Industrial Pretreatment Program, FOG inspections. Project Completion Date & Value: March 2016 to June 2018. $17,500 per year. 10. Client's Company Name: City of Palm Springs Client Address: 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Contact's Name: Marcus L. Fuller, PE Contact's Title: Assistant City Manager/ City Engineer Contact's Telephone & FAX: 760.322.8380 Contact's Email: marcus .fullerkpalmsprings -ca.gov Scope of Services /Products Provided: NPDES Program Administration, Commercial and Industrial Inspections. Training. Representation of City on Whitewater TAC meeting Project Completion Date & Value: March 2015 to June 2016. $11,500 per year CG Resource Management and Engineering, Inc. 1. Client's Company Name: City of San Jacinto Client Address: 595 S San Jacinto Ave, San Jacinto, CA 92583 Contact's Name: Rob Johnson/ Travis Randel Contact's Title: City Manager / Planning Director Contact's Telephone & FAX: 951.654.7337 Contact's Email: johnson(cr,sanjacintoca.gov , trandel( sanjacintoca.gov Scope of Services /Products Provided: Managing a range of services for the City pertaining to their NPDES program, including WQMP reviews, program development, and internal training.. Project Completion Date & Value: 2004 to present - $25,000 per year under current contract. 2. Client's Company Name: City of Perris Client Address: 101 North D Street Perris, California, 92570 -1998 Contact's Name: Michael Morales Contact's Title: CIP Program Manager Contact's Telephone & FAX: 951- 956 -2120 Contact's Email: mmorales(kcityofperri" Scope of Services /Products Provided: Provide technical review as required by the Municipal MS4 Permit for City of Perris Planning and Engineering Departments on submitted Water Quality Management Plans. To date approximately 380 preliminary WQMPs and final W MPs have been submitted to the City. Project Completion Date & Value: September 2004 to Present. $20,000 for NPDES Inspection services; other services separately riced. 3. Client's Company Name: March Joint Powers Authority 13 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance Client Address: 14205 Meridian Parkway, Suite 140 Riverside, CA 92518 Contact's Name: Mr. Stuart McKibbin, PE Contact's Title: Principal Engineer Contact's Telephone & FAX: 951.435.2108 Contact's Email: stuartktrilakeconsultants.com Providing consulting services for developing a NPDES Scope of Services /Products Provided: program Services include program development, document preparation and miscellaneous assistance to agency staff. Project Completion Date & Value: 2005 to Present: Approximately $15,000 per year 4. Client's Company Name: City of La Habra Heights Client Address: 1245 N Hacienda Road La Habra Heights, CA 90631 Contact's Name: Rafferty Wooldridge Contact's Title: Assistance City Manager Contact's Telephone & FAX: 562.694.6302 Contact's Email: rwooldridge(a,lhhcity.org Primary work duties have focused on developing and implementing the City's Watershed Management Plan (WMP), participating Reasonable Assurance Analysis Scope of Services /Products Provided: (RAA) and Integrated Monitoring Plan (IMP). These tasks include participation in evaluation of the existing compliance program and planning and development of future program goals and tasks. Project Completion Date & Value: 2013 to Present: approximately $10,000 per year 14 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance KEY PERSONNEL The following organizational chart shows our TEAM for this effort with the City of Lake Elsinore: r Lynn Merrill w & Assoaatelncn. CITY OF LAKE ELSINDRE AS- NEEDED PROFESSIONAL SERVICES FOR NPDES COMPLIANCE PROPOSED PROJECT TEAM AND 0RGANI7-4TION STRUCTURE Lynn Merrill, MPP Lynn Merrill and Associates, Inc. Program Manager I Abriana Marshall I Administration Manager Invoicing Paul Merrill, QISP Senior Supervising Inspector Industrial /Commercial Sara naymonm, Ljisr NPDES Inspector 11 Industrial /Commercial I Alina Serrano I Ad m i n i strative Assista nt I Data Input CG Resource Managemenr and Engineering Cynthia Gahaldon, PE, QSD, QSP, QISP To R CG Resource Management and Engineering, Inc. Principal- in- Charge/Plan Check Services 15 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance >>LYNN MERRILL.. PROGRAM MANAGER, Lynn Merrill and Associates, Inc. EDUCATION: Bachelor of Sciences, Environmental Sciences, University of California, Riverside, Riverside, CA, 1981 Master of Public Policy, Claremont Graduate University, Claremont, CA, 1999. PROJECT SPECIFIC 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 Lake Elsinore. September 2014 to present. Perform NPDES commercial, industrial, restaurant and WQMP BMP inspections for the City. Tasks include: coordination with City staff as it relates to the inspection program; plan and schedule inspections based on prior year inspections, direction from the City, updates to business registrations, and other factors; conduct Commercial, Industrial and Restaurant inspections per standard inspection protocols; identify and document areas of correction identified during the inspections; perform follow -up on noted deficiencies to ensure correction; maintain and update City's inspection database. Provided technical assistance and support to the City's EPA /SARWQCB 2014 audit. City of San Jacinto. September 2010 to present. Provide technical and analytical support for the City's Stormwater 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. City of Perris NPDES Commercial, Restaurant and Industrial Inspections, 2014 - current: Perform NPDES commercial, industrial, and restaurant inspections for the City. Tasks include: coordination with City staff as it relates to the inspection program; plan and schedule inspections based on prior year inspections, direction from the City, updates to business registrations, and other factors; conduct Commercial, Industrial and Restaurant inspections per standard inspection protocols; identify and document areas of correction identified during the inspections; perform follow -up on noted deficiencies to ensure correction; maintain and update City's inspection database. 16 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance 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 I sampling program. Represented the City at the EPA/SARWQCB 2012 Audit of City of Rialto NPDES Program. Provided field and drone support for the Middle Santa Ana Bacteria Synoptic Study and Homeless Study. City of Grand Terrace NPDES Program Management, Commercial and Industrial Inspection, 2012 to Present: Manage a range of services for the City pertaining to their NPDES Program, including representation at various regional meetings, program development, compliance inspections, investigations, training and other interdepartmental support. Tasks include: Representation of the City at the San Bernardino General Management Committee and Fiscal Subcommittee meetings; oversee all aspects of the Commercial, Industrial and Restaurant FOG and NPDES inspection programs; conduct special studies and investigations relating to illicit discharge and illicit connection reports; assist Code Enforcement and Development Services in implementing and assuring NPDES program requirements are included within the development entitlement process; prepare annual reports for submission to the Santa Ana Regional Water Quality Control Board through the Principal Permitee; conduct periodic training of staff as it relates to various NPDES program elements; maintain City's C1oudCompli database regarding program activities. City of Big Bear Lake - NPDES Program Management, Commercial and Industrial Inspection, 2018 to Present: Manage a range of services for the City pertaining to their NPDES Program, including representation at various regional meetings, program development, compliance inspections, investigations, training and other interdepartmental support. Tasks include: Representation of the City at the San Bernardino General Management Committee and Fiscal Subcommittee meetings; oversee all aspects of the Commercial, Industrial and Restaurant FOG and NPDES inspection programs; prepare annual reports for submission to the Santa Ana Regional Water Quality Control Board through the Principal Permitee; maintain City's C1oudCompli database regarding program activities. City of Loma Linda - NPDES Program Management, Commercial and Industrial Inspection, 2015 to Present: Manage a range of services for the City pertaining to their NPDES Program, program development, compliance inspections, investigations, training and other interdepartmental support. Tasks include: oversee all aspects of the Commercial, Industrial and Restaurant NPDES inspection programs; prepare annual reports for submission to the Santa Ana Regional Water Quality Control Board through the Principal Permitee; maintain City's CloudCompli database regarding program activities. 17 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance County of San Bernardino. September 2014 to April 2018. 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 staff, Commercial, Industrial and Restaurant Inspection support and CBRP TMDL Technical support. City of Palm Springs. March 2015 to June 2016. 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, and 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. Directed 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. 18 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance EDUCATION: >>CYNTHIA GABALDON, PE CG Resource Management and Engineering, Inc. Bachelor of Sciences, Civil Engineering, California Polytechnic University, Pomona, Major: Civil Engineering; Minor: Geology, 1991. REGISTRATION /CERTIFICATION: 19991 Professional Civil Engineer /CA/ 59156; 2010/ Certified Professional in Stormwater Quality ICA10284 2010/ Certified Professional in Erosion and Sediment Control ICA14917 2010/ Qualified SWPPP Developer and Practitioner /CA /114 2010/ Trainer of Record /CA /CGP 114 20151 Trainer of Record /CA/IGP 035 20151 QISP /CA 1035 Ms. Gabaldon has 30 years of experience and, in 2013, founded CG Resource Management and Engineering Inc. Her experience is as a construction manager, project manager and resident engineer for public and private facilities and civil construction. She has also worked for a public agency giving her additional insight into municipal agency priorities. This experience has also translated to private industries including oil, gas and solar companies. She has participated in many levels of the project development and implementation process including: CEQA document preparation and compliance, permit negotiations with the regulatory agencies, documentation and report preparation, field inspections for permitting and construction, training, evaluation of the existing compliance program and planning and development of goals and tasks. Internal tasks included budget analysis and monitoring, inter - departmental coordination and representing the municipal agency at various regional meetings. Having worked for many client types has given her additional insight into owner priorities. In her current roles assisting both public and private entities, she has grown to understand how to simplify tasks to a practical and manageable implementation effort. Her background in geotechnical and environmental tasks provides her additional understanding about a site's specific requirements which assist in making practical recommendations. PROJECT SPECIFIC EXPERIENCE: Project Manager, Program Manager and Water Quality Management Plan Reviews, Perris, CA, City of Perris, 2004 - current Provide technical review as required by the Municipal MS4 Permit for City of Perris Planning Department on submitted Water Quality Management Plans, 19 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance 2005 — ongoing. To date approximately 230 preliminary WQMPs and final WQMPs have been submitted to the City. Manages the program for both Planning and Engineering. Also provides internal training to all staff and management concerning changes to MS4 Permit. Oversees Permit required commercial and industrial inspections. Participates in Annual Report preparation and in internal policy decisions concerning NPDES tasks. Represents the City at the Canyon Lake/Lake Elsinore TMDL Meetings. Includes strategically planning how to manage the Canyon Lake/Lake Elsinore TMDL compliance. Also lead staff for Fall 2018 Water Board Audit focusing on WQMP and construction inspection management; Water Board has confirmed that the City is in compliance in all areas. City of San Jacinto NPDES Program and Water Quality Management Plan Reviews, 2004 - current: Managing a range of services for the City pertaining to their NPDES program, including WQMP reviews, program development, and internal training. Tasks include: Conditions of Approval final clearance when projects move through the construction phase; assisting the Community Development and Public Works Departments with the reviews of preliminary and final WQMPs; preparing standardized review letters; scheduling and coordinating with applicants; and assisting the City with various aspects of program development including in -house training that included administrative staff and planning staff. Also includes document review for CEQA analysis. Project Manager, NPDES Management Services, March Joint Powers Authority, 2008 - current: Providing consulting services for developing a NPDES program Services include program development, document preparation and miscellaneous assistance to agency staff. Primary author of the agency's WQMP document that was approved by the Governing Board and implements the Riverside County MS4 permit requirements. Includes strategically planning how to manage the Canyon Lake/Lake Elsinore TMDL compliance. Also includes document preparation and review for CEQA analysis. San Bernardino County, Flood Control District, Environmental Management Division, 2012 - current Primary work duties have focused on developing and implementing the County's Stormwater Program tasks. These tasks include participation in evaluation of the existing compliance program and planning and development of future program goals and tasks: WQMP and Transportation Guidance document review, Program -based training reviews, Core Monitoring Program revision and development; Pesticide/Herbicide report preparation, WAP review and document development, Annual Report review and assistance, CBRP review and document assistance and Regional Water Board meeting preparation. Division specific technical training has been and is currently being provided. CEQA/NEPA assistance with internal reviews and document preparation. Internal tasks included budget analysis and monitoring, inter- departmental coordination, document reviews and scheduling organization. Scope of Work has included assisting with water quality permitting, documentation and training for County Parks, County Project Management (Architecture and Engineering), and Special Districts Wastewater Treatment plant. San Bernardino Stormwater Program, Big Bear TMDL Implementation, 2012- current The State Water Resources Control Board adopted the Big Bear Lake Nutrient TMDL for Dry Hydrologic Conditions on April 21, 2006. The TMDL required the submittal of an In -Lake Monitoring Plan (ILMP) and a Watershed -wide Monitoring Plan (WWMP). The annual implementation includes the on -going data comparison of phosphorus and chlorophyll a data with listed numeric targets; the on -going data comparison of total inorganic nitrogen (TIN) data with listed objective; and the evolving evaluation of how additional lake management activities 20 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance provide progress towards listed TMDL objectives. This work has included an update of the Big Bear Lake specific HSPF model, originally published by the Regional Water Board. The data review, local land use information and accurate update of the HSPF model required significant effort. City of La Habra Heights, 2013 - current Primary work duties has focused on developing and implementing the City's Watershed Management Plan (WMP), participating Reasonable Assurance Analysis (RAA) and Integrated Monitoring Plan (IMP). These tasks include participation in evaluation of the existing compliance program and planning and development of future program goals and tasks. The documents all required submittal to the Los Angeles Water Board for approval. Internal tasks included budget analysis and monitoring, inter - departmental coordination, training, document reviews and scheduling organization. Also includes document preparation and review for CEQA analysis. Lake Elsinore/ Canyon Lake TMDL Update, 2016 - current: In 2016, the State Water Resources Control Board acknowledged that historical cumulative findings indicate that important elements of the original TMDL, including the water quality targets and the LA/WLA, must be revisited to ensure that they are appropriate and achievable. It is also necessary to update the technical analysis to reflect current land use conditions which have changed significantly since the original TMDL was developed. And finally, the TMDL should be revised to account for the large nutrient load reductions that have resulted from Best Management Practice (BMP) implementation, low- impact development (LID) requirements, restrictions on dairy discharges, changes in certain water quality standards (e.g., ammonia), and the in -lake remediation projects that have occurred over the last 10 years. Cynthia is a team member working on the TMDL Update, focusing on historical data and the administrative record. Sub - consultant and Assistant Project Manager and Task Leader, Regional Stormwater Compliance Assessment, Marine Corps Installation West ( MCIWEST), 2011 -2015 Marine Corps Installations West ( MCIWEST) commissioned this study to acquire a regional evaluation of MCIWEST installations and Marine Corps Recruit Depot (MCRD), San Diego and Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms and Mountain Warfare Training Center, Bridgeport with current and emerging stormwater regulations. Cynthia was the assistant project manager and task leader for the industrial SWPPP focused audits for six Navy/Marine Installations in California which included both water and wastewater treatment plants, heavy and light industrial facilities. The historical data research, field reconnaissance and site personnel interviews cumulated with presentations made to senior officers and civilian management. Included training for a range of staff. basic NPDES training for 150+ attendees to Base specific training for four to eight attendees (this task is on- going; current in 2014 as a subcontractor to previous firm). Chevron, Pacific Coast Pipeline Superfund Site, Fillmore, California (2000- 2017): Managed Stormwater management and hydrology design program for short term clean -up activities and long -term development. Developed and implemented site -wide SWPPP and long -term SUSMP documents. Included environmental and risk assessment analysis, CEQA processing, EPA approval and local stakeholder integration. Small Private Engineering firms, 2013 to current: Providing WQMP and SWPPP development services for two local small engineering firms. Work has included WQMP design work for many local churches, regional solid waste facilities, and housing tracts. Work is in both San Bernardino and Riverside Counties. 21 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance Previous Firms — Key Projects Presenting Experience Project Manager, NPDES Management Services, Pomona, CA, City of Pomona, 2008 -2010: Provide a range of services pertaining to their municipal NPDES program (Los Angeles Regional Water Quality Control Board). Services include SUSMP reviews, inspection services, document preparation, and miscellaneous assistance to city staff. Task Manager, General Plan, (San Bernardino County), CA, County of San Bernardino: This General Plan update was for the largest County in the United States. The project includes a comprehensive update of the plan as well as the inclusion of 13 community plans and the re -write of the County's Development Code. Provided the groundwater and surface water information for the sections, which included a developed Valley region, partially developed Mountain region and an undeveloped Desert region. Include combining requirements from two Regional Water Boards. The land use element includes a Sphere of Influence analysis of 19 municipal sphere of influence areas governed by the County and designated as the anticipated growth boundary for the individual cities, looking at conflicts in land planning and development standards. The project also includes extensive use of GIS for the presentation and analysis of information. Task Manager, Granite Wind Farm, (San Bernardino County), CA, Water Quality Management Plan: Granite Wind, LLC, is proposing to construct the Granite Mountain Wind Project, which will be located approximately 14 miles east of Victorville. The proposed project will include the installation of up to 27 2.3- megawatt Siemens wind turbines on a permanent project footprint of approximately 72 acres. The document prepared was an EIS /EIR on behalf of the U.S. Bureau of Land Management and the County of San Bernardino. Critical studies will include cultural resources, biological assessments, radar impacts, and noise. The public review process is critical for both lead agencies. A project specific Water Quality Management Plan was also provided as part of this project. Includes site specific BMP design. Task Leader, Storm Water Pollution Prevention Plan, Colton / Rialto, CA, Kinder- Morgan Energy Partners, 2008 -2010: Providing NPDES permitting assistance for a major refinery site by developing a comprehensive Storm Water Pollution Prevention Plan and other permit documents to be submitted to the City of Rialto and the Santa Ana Regional Water Quality Control Board. Include providing in -house training to both environmental staff and contractors. 22 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance >> PAUL MERRILL, BS, QISP SENIOR SUPERVISING NPDES INSPECTOR Lynn Merrill and Associates, Inc. EDUCATION: Bachelor of Sciences, Game Arts and Design, Westwood University, Upland, CA, 2011 REGISTRATION /CERTIFICATION: California Qualified Industrial Storm Water Practitioner 00352 Scrap Metal - Qualified Stormwater Developer -081 PC 832 — Arrest PROJECT SPECIFIC EXPERIENCE: Senior Supervising NPDES Inspector April 2012 to Present Manages and coordinates the NPDES Inspection Program, including the following functions: supervise Industrial and Commercial Inspector(s); conduct Industrial, 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. Principal inspector assigned to Lake Elsinore since 2014. Lynn Merrill Consulting to Municipal Governments Redlands, CA Landscape Maintenance Inspector Conducted compliance inspections of landscape maintenance within the City of Perris designated Landscape Maintenance Districts. Met with and performed walkthroughs with company representatives contracted to perform landscape maintenance within the City. Other Firms Green World Solutions Riverside, CA Field Technician June 2010 to November 2010 Conducted GIS field work of landscape irrigation system in order to develop water conservation approaches to reduce water waste. Field work included adjusting 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. 23 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance > SARA RAYMONDI, QISP NPDES INSPECTOR II Lynn Merrill and Associates, Inc. EDUCATION: Bachelor of Sciences, Health Science, Cal State San Bernardino, San Bernardino, CA REGISTRATION /CERTIFICATION: California Qualified Industrial Storm Water Practitioner 00978 PROJECT SPECIFIC EXPERIENCE: Lynn Merrill and Associates, Inc. Redlands, CA NPDES Inspector II /Environmental Technician 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. Previous Work City of Rialto, Public Works Department Rialto, CA 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. 24 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance PROJECT APPROACH The City has identified eight tasks and six meetings that our TEAM will be responsible for ensuring on -going completion over the three -year period of performance. The following provides greater details regarding our TEAM's expected approach's and commitments: Program Assistance (Task 1) — 16� Our TEAM will assist the City in the preparation of the Annual Report to be submitted to Riverside County Flood Control and Water Conservation District as Principal Permittee of the Santa Ana NPDES Permit. The District will typically distribute the annual report forms during July and August. These forms are Word -based forms, and have been in use in various iterations by the District and program for at least 10- years. The information which is requested includes budget information for the last two years as well as projection of the budget for this year, certifications for legal review of the City's programs, statistics related to various effectiveness measures including number of miles of streets swept, tonnage of debris collected, IC /ID incidents reported, investigated and resolved as well as outcome, etc. 4 In assisting in compiling this information, we would review the last two years of annual reports as prepared by the City and would review the FY19 -20 data for completeness. Our TEAM would also review the depth and completeness of the supporting records in order to determine if there are any weaknesses or problems with the data. We would then complete all of the documents as well as the supporting Excel worksheets provided by the District that are used to document the number of construction site inspections, number of commercial inspections completed, number and locations of any ID /ID events, and number of post construction BMP inspections completed. Since our firm is currently conducting all of the Industrial / Commercial inspections, as well as some of the BMP inspections for the City, we would rely upon our records as well as the existing city records in completing these documents. Construction records will be sourced from the appropriate parties and reviewed for completeness. All of these worksheets and forms would be completed no later than late September and submitted to the NPDES Storm Water Coordinator or their designee for review and comments. Edits and updates would be completed in early October for timely submission to the District. J4 In the event that the City is selected for either a new or follow -on audit, our firm will conduct an internal review and assessment of the City's documentation, specifically as it relates to land development and the production of WQMPs. We would perform an internal audit on the program in order to determine any notable deficiencies, including random - selection and field checking WQMPs of several development projects to ensure that BMPs that were required are currently in -place and functional. We would also assist the city in conducting a process review, in support of their Local Implementation Plan in order to identify any procedural or control deficiencies within the City. (See Task 3 for additional program recommendations.) 4 Mr. Merrill has had 11 years of experience in the preparation and submission of the required annual Riverside County NPDES program reports; has previously assisted the City of Lake Elsinore in the 2014 EPA /SARWQCB Audit as well as the 2012 EPA /SARWQCB City of Rialto Audit; and has provided various technical and policy discussions with Lake Elsinore staff regarding program implementation. Mr. Gabaldon has had 11 years of experience in the 25 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance preparation and submission of the required annual Riverside County NPDES program reports; and has provided audit and technical support for the City of Perris and three other municipalities during a recent EPA /SARWQCB Audits; and, has provided various technical and policy discussions with Lake Elsinore staff regarding program implementation. Industrial / Commercial Facility Inspections (Task 2) !%k Since 2014, LMA has conducted 782 commercial, industrial, and BMP inspections within the City of Lake Elsinore and has conducted nearly 3,000 inspections of this type under the Riverside and San Bernardino counties' NPDES Permits adopted in 2010. Our team is familiar with the City's current City's MS4 Web Database (provided through CBI Systems), and have been using it for data input for the last three years. The following table indicates the industrial and commercial inspections that LMA has competed within the City of Lake Elsinore from September 2014 through April 2020: INSPECTION TYPES NPDES PRIORITY TOTAL INDUSTRIAL FACILITIES - SUBJECTTOIndustrial General Permit HIGH 10 INDUSTRIAL FACILITIES-SUBJECT TO Industrial General Permit - Filing a Notice of Non - Applicability MEDIUM 34 INDUSTRIALFACILTIES - All Others LOW 56 RESTAURANTS- FULLSERVICE HIGH 0 RESTAURANTS- FULLSERVICE MEDIUM 94 RESTAU PANTS - AlIothers LOW 45 COMMERCIAL FACILITIES- Nurseries/ Greenhouses, Landscape /Hardscape Installers, Mobile Cleaners MEDIUM 74 COMMERCIALFACILITIES- AIIOthers LOW 276 MUNICIPAL FACILITIES - All Others LOW I 8o Other- Inactive / Residential / Non- Inspection (112 Commercial Low) 76 FOLLOW -UP AND REINSPECTIONS 11 POST CONSTRUCTION BEST MANAGEMENT PRACTICES 21 TOTAL 782 Our approach to providing the requested inspections are straight forward. In general, our Senior Supervising Inspector coordinates with the City staff on a quarterly basis via email to identify inspection needs in the upcoming quarter, and then make appropriate assignments to the inspection staff, based on the type of inspections, the geographic locations of the inspections and other information. We typically attempt to group inspections by subareas of the City in order to minimize excessive travel between inspection sites. The assigned inspectors will then review the existing City files both hard copy and on the city's current database, as needed in order to determine if any business subject to the inspection program has had any prior issues. Inspections may be spot inspections or scheduled, depending on the type of business, notes in the previous inspection files and other information. The assigned inspector will then conduct the inspections, complete all hard or electronic inspection forms including photographic documentation, and secure signatures from the responsible party. Upon completion of the initial inspection, the assigned inspector will then schedule the file either for follow -up on any corrections noted or close the inspection file. While it is appropriate to rely on the City's Business License systems and the city's database, we recognize that there are often businesses that change ownership, or start businesses within appropriate licensing or registration. We often propose that our clients allow a field survey to be conducted once every two- to three -years in order to determine if any new businesses should be added to the NPDES program. Not all businesses are factual in providing information 26 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance relating to their business activities at the time of securing a business license, and a small percentage of businesses operate without securing a business license. We find that these periodic windshield surveys assist in ensuring that all businesses that should be included in the NPDES program are in fact included. This also allows us to review to see if any of the existing businesses have changed their operations that may increase the possibility of release of pollutants. For example, a sandwich shop may add cooking functions, or change their menus to add more fried foods. i�& Because we expect to be operating within the City on a regular basis, our inspectors are trained to both look for and respond to calls for illicit discharges, which may range from a resident dumping paint or motor oil into a storm drain, to Sanitary Sewer Overflows or hazardous material releases. Our team will maintain a vigilant surveillance over the areas of the city in order to proactively identify IC /ID incidents, and to immediately notify the City's NPDES Stormwater Coordinator by telephone upon discovery. We will assist as appropriate as "first - on- scene" in order to identify and additionally contact the appropriate responding parties, as well as document as appropriate the discharge to allow the City to pursue appropriate enforcement activities. We are available to respond within 4 -hours to any call -out for IC /ID as directed by the City. Our team members have been using the City's MS4 Web Database continuously since it was acquired by the City of Lake Elsinore. While our team has not been asked to prepare educational materials, one of our staff is trained in graphic arts and has prepared various presentation materials for the NPDES programs. It is also noted that our team has also prepared and is practicing Covid -19 safety protocol procedures. Engineering and inspection staff have incorporated field procedures to assist with inspections. This provides for confidence and safety for both the public and staff. Review Current NPDES Program (Task 3) 4 In conducting a review of the City's current NPDES program, our TEAM will first review the City's Local Implementation Plan (LIP), which is a permit required program. In reviewing the City's LIP, our TEAM will walk through the various identified processes within the current LIP in order to ensure that those processes are timely and accurate. Where processes have been changed, we will note those discrepancies and mark those sections for timely revision. We will also review to ensure that any district provided updates to the LIP have been incorporated within the LIP. In addition, our TEAM will review the City's current Stormwater Ordinance under Title 14 "Environmental Regulations" Chapter 14.08 "STORMWATER/URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS" for currency to accepted practices. In the event that any revisions are noted, we have worked with and revised city ordinances with our other clients. Our approach to ordinance revision includes developing appropriate language updates, developing new language to address issues that may be occurring in the field, and incorporation of any new or update State regulations which may impact the City's operations. An example of such an revision may involve the process of implementing SB 205 which requires cities to verify that industrial sites within their jurisdiction that are required to have coverage under the Industrial General Permit based on SIC/NAIS designations have said coverage. We can assist the City in developing appropriate language for implementing including assisting in development of any fee changes that may also be necessary for the City 27 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance to recover the costs of this program. Our TEAM has worked closely with city attorneys in crafting workable and effective ordinance language to revise or implement new requirements as appropriate. Over the last ten years, Mr. Merrill has been actively involved with the NPDES Programs in both Riverside and San Bernardino counties. He has prepared, reviewed, and revised ordinances for various cities as it relates to aspects of the NPDES program, and currently conducts annual reviews of these ordinances as part of the NPDES Permit program compliance. He specifically has developed an inspection program ordinance for the City of Rialto, and previously has developed various environmental ordinances as Public Services Director for the City of San Bernardino. He has a depth of understanding relating to the various legal and policy requirements in the review of programs, including cost accounting, policy, and operational requirements. Over the last 18 years, Ms. Gabaldon has been actively involved with the NPDES Programs in both Riverside and San Bernardino counties. She has actively worked with municipal agencies, developing appropriate approaches designed to streamline the regulatory processes, while providing guidance to her various clients in compliance with the NPDES programs. Having worked for many client types has given her additional insight into owner priorities. In her current roles assisting both public and private entities, she has grown to understand how to simplify tasks to a practical and manageable implementation effort. Preparation of Grant Documents (Task 4). i�& The process of assisting the City in securing any grant will depend on the request for support from the City. The City has indicated in their response to our question regarding this Task that the type of assistance may depend on the city's needs. We stand fully ready to assist the City in grant identification, development, submission, and implementation through grant closeout. Our TEAM is vigilant in watching for new grant opportunities, and has successfully pursued water conservation and water rate study grants through the Santa Ana Watershed Project Authority. The following is a description of our usual approach to developing a grant when we are tasked with the writing. Typically grant solicitations are distributed through various notices, including by the individual granting authorities or via formal notices. Once a grant opportunity has been identified, our team will secure the grant application when it becomes available, develop a scoping document that identifies the various elements necessary, and then begin working through the development of the grant with the various internal stakeholders within the City. This will include developing a grant timeline that will be used to ensure that the grant elements are completed and reviewed by the appropriate parties in a timely manner. We understand that the District's staff is busy, so our expectation is to conduct short interviews with the staff members who may have the most information with the goal to obtain answers to the grant needs in order to develop the narratives and concept plans. If a grant requires letters of support from other agencies, we will develop the appropriate draft letters for each identified supporting agency to simply edit, place on letterhead, and sign by the appropriate party. Internally, our TEAM will also perform critical quality assurance reviews of the grant package for clarity and completeness. In grants involving CIP, regulatory or engineering aspects, our staff, working with the City Engineer, will conduct critical engineering reviews to look for weaknesses and identify ways to strengthen the grant application. Depending on the City's 28 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance policy, we would plan on providing at least three to five days for final review by City management prior to the submission of any grant. This review period allows the entire team, City and consultants, an opportunity to fine tune and confirm the grant package. In the event that any Grant Application requires Council approval, our team will prepare the necessary staff reports and presentations and will either make the presentation to the Council or be present to support City staff during the presentation. Mr. Merrill has successfully prepared grant packages for a variety of environmental services, including energy conservation, water rate studies, water conservation grants, and MSRC grants. He successfully obtained nearly $1.0 million in various grants for the City of San Jacinto, coordinated the program management for nearly $500,000 in energy conservation and lighting retrofit programs for both Rialto and Grand Terrace, and successfully applied for a $1.0 million grant to construct an alternative fuels (CNG) facility for the City of San Bernardino. 4 Public Outreach and Participation (Task 5). Our team has been involved in various aspects of public outreach, including one -on -one inspection program education, presentations before City Councils and appointed boards and other interface points in which the NPDES program may be discussed. As mentioned above, while the City of Lake Elsinore has not required development of outreach materials, our Senior Supervising Inspector has a degree in the area of Game Arts and Design, and is familiar with the layout and development of websites, flyers and other outreach materials, and can assist the City in design of appropriate NPDES program materials to increase outreach to the community. We utilize both the District's materials developed as part of the NPDES program, as well as any materials developed by the City. Our inspectors are trained to educate the regulated community and to provide technical guidance, including on -site education as needed in order to secure program compliance. Our focus is on seeking compliance, not enforcement, in order to ensure a strong working relationship between the regulated business community and the City. We believe that this approach has been successfully utilized during the last six years that we've provided inspection services and support to the City. Planning and Land Development Programs (Task 6). 14r� Our TEAM understands that our involvement with the City's Planning and Land Development Program may be a future requirement, and that the City currently utilizes another firm to provide contract plan checking that includes the review of WQMP submittals. The City has indicated in its response to questions submitted, that the City handled 21 preliminary WQMPs (PWQMP) and 27 final WQMPs (FWQMP) over the last two years. We further understand that WQMP reviews may be separated from the current work load, and that additional work may include SWPPPs and Construction Site inspections. Our TEAM is qualified, ready, and able to assist the City in these areas as needed, and possess the required experience and certifications to perform reviews of all aspects of the development process. We anticipate that CGRME will be assigned responsibility for this Task, and have identified some of the key steps below: It is noted that the approach presented below can be modified to fit with the existing City plan check procedures. CGRME's approach to WQMP reviews starts with a Pre - Submittal letter. This letter is project specific but is based on a template letter. This Pre - Submittal letter is provided to the project proponent /engineer before the environmental documents are submitted. 29 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance The Pre - Submittal letter provides a section -by- section description of what the City will require for the WQMP. This letter provides the basis for the applicant's submittal and is the starting point for the plan check. With each submittal, the items on the review letter should reduce. ii� Preliminary WQMP Assessment of Project and Programs. The first phase of the work shall consist of a complete assessment of the demands of the project, based upon meetings with city staff and review of appropriate plans and documents. CGRME shall completely and accurately review all narratives, supporting studies, maps, exhibits, documents and specifications submitted in conjunction with the PWQMP document. CGRME shall provide complete, accurate and timely written comments, as well as "redlined" drawings of submitted plans and supporting documents that are found to be unacceptable or incomplete. If requested, CGRME shall prepare a complete, accurate, and timely written set of planning Conditions of Approval, utilizing the City's standardized format, describing the specific requirements necessary for approval of any site - specific WQMP found to be acceptable to the City. CGRME shall provide assistance to the City, and project applicant as it relates to all comments, redlines and/or conditions of approval prepared by CGRME. CGRME shall prepare and maintain a "Schedule of Performance" to include realistic periods for initial reviews, final design review, and submittal of conditions of approval. CGRME shall be available to answer questions regarding the project scope, documents, milestones, plans, specifications, etc. through various methods including meetings, telephone calls, e- mails, and/or written correspondence. Final WQMP Assessment of Project and Programs shall consist of a complete assessment of the demands of the project, based upon meetings with city staff and review of appropriate plans and documents. CGRME shall completely and accurately review all narratives, supporting studies, maps, exhibits, documents, and specifications submitted in conjunction with the FWQMP document. CGRME shall provide a redlined set of plans and corresponding correction list, in the event that the FWQMP is found to be unacceptable. FWQMP Red -Line Plan Comments and/or Conditions of Approval (COA) shall be prepared by CGRME. These shall include complete, accurate, and timely written comments, as well as "redlined" drawings of submitted plans and supporting documents that are found to be unacceptable or incomplete. CGRME shall prepare a complete, accurate, and timely written set of Conditions of Approval, utilizing the City's standardized format and describing the specific requirements necessary for approval of any site - specific WQMP found to be acceptable to the City. CGRME shall provide assistance to the City, and project applicant as it relates to all comments, redlines and/or conditions of approval prepared by CGRME. Final WQMP Approvals and Conditions of Approval can be provided if requested by the City. When a project specific WQMP is approved, if requested by the City, COA's and an internal approval memo will be prepared. The COAs can be provided to the applicant for signature and scanning onto the WQMP Plan COA page. This page is then returned to the City for inclusion into the final document. The internal approval letter is provided to both City Building and Safety and Engineering. This task typically completes the WQMP approval process. This process can be either handled on -site or via email. When the project transitions from entitlement to construction, there are WQMP related tasks that need to be completed. These items include: 0 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance ❖ Coordination with the Planners at the time of the Final Map approval that CC &Rs are complete, approved, and provided. ❖ Remind the owner/builder that all elements of the WQMP must be implemented and approved before project will receive occupancy. ❖ Consultant shall be available to answer questions regarding the project scope, documents, milestones, plans, specifications, etc. through various methods including meetings, telephone calls, e- mails, and/or written correspondence. ❖ The goal of this approach is to provide for known direction and consistency in the plan check and the final constructed BMPs. 4 Ms. Gabaldon has 30 years of experience as a construction manager, project manager and resident engineer for public and private facilities and civil construction. She has also worked for a public agency giving her additional insight into municipal agency priorities. She has participated in many levels of the project development and implementation process including: CEQA document preparation and compliance, permit negotiations with the regulatory agencies, documentation and report preparation, field inspections for permitting and construction, training, evaluation of the existing compliance program, and planning and development of goals and tasks. Internal tasks included budget analysis and monitoring, inter- departmental coordination, and representing the municipal agency at various regional meetings. Miscellaneous Services (Task 7). 96k Miscellaneous Services (Task 7). Both Mr. Merrill and Ms. Gabaldon will be available to provide as -need policy and engineering guidance to the City, including attendance at any in- house meetings with city staff, members of the business or development community, or other environmental program support as appropriate. Both Mr. Merrill and Ms. Gabaldon are available via email and phone to provide services, and are within a one -hour drive of the City. Invoicing (Task 8). i�& LMA will be responsible for completion and submission of a monthly invoice, including all supporting documentation no later than the 15th of each calendar month for the previous month's work efforts. Invoicing shall include all required documentation including a list of inspections completed, project or tasks accomplished and other documentation as requested by the City. 31 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance PROFESSIONAL SERVICES AGREEMENT The TEAM has reviewed the sample "Standard Agreement for Contract Services" as provided Attachment "A" in the RFP, and takes no exceptions to the agreement. INSURANCE AND BUSINESS LICENSE REQUIREMENTS Both firms maintain appropriate insurance coverage that meet or exceed the City's insurance requirements for Business Liability, Professional Liability, Errors and Omissions, Worker's Compensation and Automobile Policies. LMA maintains a current City of Lake Elsinore Business License, and has provided the City with copies of current insurance certificates. These are included in the Appendix. STATEMENT OF LIMITATIONS OF LIABILITY, ERRORS AND OMISSIONS COVERAGE Our current insurance coverage as provided to the City of Lake Elsinore meets and exceeds the requirements and expectations set forth in Attachment "A," "Agreement For Professional Services" as included in the City's Request for Proposal. A copy of our current Insurance Certificate with the City of Lake Elsinore is included in the Appendix. 32 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance APPENDIX Required Forms Certificate of Insurance Coverage City of Lake Elsinore Business License 33 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance DECLARATION FOR THE CONSULTANTS I declare that I am an authorized agent or officer of the entity submitting this proposal and in such capacity I am empowered to submit this proposal on behalf of (entity): Lynn Merrill and Associates, Inc. I also verify that all information submitted and contained herein is true and correct to the best of my knowledge and belief. BY: Signature: Printed Name: Lynn Merrill Position /Title: President Date of Execution: June 1, 2020 City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance REQUEST FOR PROPOSALS EXTENSION OF CONTRACT TO OTHER PUBLIC AGENCIES The prices, terms and conditions of this proposal may be extended to other governmental agencies at the mutual agreement of both the City and the Consultant. All requirements of the specifications, purchase orders, invoices, and payments with other agencies would be directly with the successful Consultants. The City of Lake Elsinore does not warrant any additional use of the contract by such agencies. The Consultant's response as requested below will no way affect the City of Lake Elsinore's consideration of this quote. Please indicate if this quote will be extended to other public agencies, and the length of time it will remain in effect from the opening date of this quote. Yes: XXX No: Length of Time: 36 Days iMonthi City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance NON - COLLUSION DECLARATION The undersigned hereby declares and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposal offered in connection with the contract described below. (Full description of proposal): As- Needed Professional Services for NPDES Program Compliance. I declare under penalty that the foregoing is true and correct to the best of my knowledge. Executed at Redlands, , California, on June 1, , 2020. "�� Z06.� Signature of Officer or Authorized Agent City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance �►COR� CERTIFICATE OF LIABILITY INSURANCE °A`C`°"°°"�"' 4 211412020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy {iesl must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 13 WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endarsomentis . PRODUCER ISUI Insurance Services Cormarc Tasman TACT NAM z. .. .. Linda Ridguvay 25220 Hancock Ave, Suite 200 25220 PHONE r ,UtjN (95.1)290 =5040 FAX 195112784564 Murrieta, CA 92562 ADORE 55, Iinda @isurormarc.com License #' 4E53467 - - INStlRER�Sj AFFORDING COVERAGE NAICA COMMERCIAL GENERAL UARILITY A x 725BMAK3215 01Iits02020 0711912021 INSURER A: Sentinel Insurance- Cornpany, Lid 11040 INSURED IN SURER e: Hartford Accident Sr Indemnity _ �22367 _ LYNN MERRILL & ASSOCIATES, INC INsuRE_Rc: Axis Insurance Company 29424 12 NEVADA STREET STE A INSURER D: REDLANDS, CA 92373 INSURER E: MEDEXP�Anronaper ) : S INSURER r COVERAGES CERTIFICATE NUMBER: 00013270.7004072 REVISION NUMBER: 1 THIS I5 TO ::1.1411rY `MAT THE- POLICIES OF INSURANCE LISTED BELOW HAVE BEE ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED N•OTWIT- IS:ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VOTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE °DLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIM6I8 SHC'4M HAVE OEE'4 REDUCED BY PAID CLAIMS. AUTHORIZED REPRESENITTATTIVE-fJ _MAY tNSR IAOOL`SLr3R. POLICY EFF POLICY E %P M tTR TYPE OF INSURANCE PUL )ICY NUMBER NMf f LIMITS JIL(jT LIN COMMERCIAL GENERAL UARILITY A x 725BMAK3215 01Iits02020 0711912021 EAOHOCCURRENCE 2,00,000 _ PRE mD 1,000,000 CLAIM&MADE `J OCCUR M�EaEo�a eroal S_ MEDEXP�Anronaper ) : S 10,000 PERSONAL &ADV INJURY ! S_ 2,DDO,000 GEtI•fL AGGREGATE LIMITAPPLIES PER GE NERALAGGRECATE _ S _ 41000,000 f _ Ppu,, L � ]S PRO. JECT — LGC PRODUCTS- OOMPIDPAGG s 4 004,000 iii OTHER i l3 AJTOMOBILE UASIUTY i 72UECZN9080 03m412az0 .Oam412021 COMRINE651NGr. E LIMIT g IEnecuaenq 1,404,000 ANY AUTO 13001 -v r.,1llRV leer person] S DV4TE❑ SCNEODLED � x B;?I]I.r F..i�: ?e 1PFr aaUpnq S AUTCS ONLY AUTOS I ' HIRED NO"MED PMOP'= H } °:nriAGE IS X AUTOS ONLY X AUTOS ONLY Ler acnoenT I UMBRELLA UAB OGCUR EACHOCCURRENCE_ ; S 1 ExCESSUAa _ . CLAIMS-MA DEi AGGREGATE 5.., . . DED RETENTION WORKERS COMPENSATION PE37 OTH- :STATUTE ANDEMPLOVERTLIABIL.ITY YIN .. -. . _�R_ ANY pROpPI (- -OR 'f'.4RTNERIFJfECDTlvE EL EACHAODDENT S ..— - - - j OFFICERNI-%'9- ,REXCLUEEDY �IMIA; (Mrr,d�DOry In NH} E.L. DISEASE -EA EMPLOY S 'EL _ I} ryce dash':;e 211. DE5CRIPTIOrV OFOPEFEATIONS below DISEASE - POLICY LIMIT 5 C Professional Liabili 72KDGJH2603 az11712020 : 02,117120211 Limit 1,000,000 Retro Date 21171'. ReterrUoli 2,500 DESCRIPTION Cr OPERATIONS f LOCATIONS I VEriCLES (ACORD IDS, Added —I Remark. Sch.mla, wry be attaeheO !f rmro •pan N reQW.d) vMT!CATE HC CER CANCELLATION 01988.2015 A CQ R1tCQ RPO RATION. AU right6 reserved. ACCRD 25 12016i([131 The ACORDname and logo are registered marks of ACORD Prinled by LIN on February 14, 2020 at 09:45AM SHOULD ANY OF THE A94VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION °.ATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE TVITH THE POLICY PROVISIONS. 130 South Main Street AUTHORIZED REPRESENITTATTIVE-fJ Lake Elsinore, CA 92530 JIL(jT LIN 01988.2015 A CQ R1tCQ RPO RATION. AU right6 reserved. ACCRD 25 12016i([131 The ACORDname and logo are registered marks of ACORD Prinled by LIN on February 14, 2020 at 09:45AM City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance A o® CERTIFICATE OF LIABILITY INSURANCE DA 510612D° oYY' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS }, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy (ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER NAME: Automatic Data Processing Insurance Agency, Inc. PHONE C No Eat : No LIMITS E-MAIL ADDRESS: IHSURER(SI AFFORDING COVERAGE HAICA 1 Adp Boulevard Roseland NJ 07068 INSURER A: Senhnelle.ran - Comp Iay, LTD . 110D0 INSURED INSURER 15: CLAIMS-MADE 1-1 OCCUR INSURER C: LYNN MERRILL AND ASSOCIATES INC INSURER D: 256 CAJON STE C INSURER E: E INSURER F: E Redlands CA 92373 COVERAGES CERTIFICATE NUMBER: 1516835 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF ADDL INSD SUDR nvD PDUCY NUMBER MMn) MID LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE E CLAIMS-MADE 1-1 OCCUR PREMISES Es occurrence E MEE EXP (Arty me person] E PERSONAL a ADV INJURY E GEML AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE E POLIC PE° Y F-1 LOC PRODUCTS - COMPIOP AGG E a OTHER: AUTOMOBILE LIABILITY Ea aeddi E BODILY INJURY (PefIx—) E ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per acddad) E HIRED NON-OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per student E E UMBREL11L— OCCUR EACH OCCURRENCE E AGGREGATE E EXCESS LAB CLAIMS -MADE [)ED RETENTIONS E A WORKERS COMPENSATIIN AND EMPLOYERS! LAIILnY ANY PRDPRIETORIPARTNERVEXECUTIYE OFFICERIMEMBER EXCLUDED? (Mandatary in HH) NIA N 76WEGAD1LW6 03125!2020 031251202'1 X1 PER OTH- STATUTE ER EL EACH ACCIDENT E 1,000,000 EL DISEASE -EA EMPLOYE E 1.000,000 If yyeess descdbe under DESCRIPTI ON OF OPERATIONS below EL DISEASE - POLICY LIMIT E 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ®1988 -2045 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CRY or Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. 150 South Main Street AUTHORIZED REPRESENTATIVE Lake Elsinore CA 92530 .v..`{ .4 ��.... ®1988 -2045 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD City of Lake Elsinore — RFP — As- Needed Professional Services for NPDES Program Compliance BUSINESS LICENSE :his business license is issued For revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, ur any other governmental agency. Business Name: LYNN MERRlLLAND ASSOCIATES Nc w Business Location: 256 CAJON ST STE C ;r REDLANDS. CA 92373 -5274 r Owner Name(s): LYNN MERRILL I LYNN MERRILL AND ASSOCIATES INC 256 CAJON ST STE C �^ REDLANDS, CA 92373 -5278 CITY OF LAKE ELSI NORE ADMINISTRATIVE SERVICES- LICENSING 13C 5outh Main Street lake Elsinore, CA 92530 951.574.3124 TO BE POSTED IN A CONSPICUOUS PLACE BUSINESS LICENSE NO. 421722 Business Type: CONSULTING SERVICES Description: LYNN MERRILL AND ASSOCIATES INC Issue Date: 9/112059 Expiration Date: 8131!2020 THIS 15 YOUR LICENSE • NOT TRANSFERABLE June 1, 2020 Lynn Hendee & Associates. Inc. :onSU It! ng to MunidpaI Governments sta Ina bility ■Operations ■Management Remon Habib City Engineer Engineering Department City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 REF: REQUEST FOR PROPOSAL - AS NEEDED PROFESSIONAL SERVICES FOR NPDES PROGRAM COMPLIANCE Dear Mr. Habib: 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 continuous operations for over 15 years. We incorporated in September 2015 as an "S" Corporation and began practice under the corporate name on January 1, 2016. Under separate document, we have submitted the technical proposal. We have teamed with CG Resource Management and Engineering, Inc. (CGRME) to provide the requested Planning and Land Development Program services, as well as providing both team members to support the City of Lake Elsinore in all other aspects of the NPDES Program Compliance services set forth within the City's RFP. LABOR RATES: The following fully burdened hourly labor rates shall be applicable for the three -years plus two option years if exercised by the City. Labor rates have been escalated 2.5% per year. The hourly labor rate for Ms. Gabaldon is also fully burdened and will not be marked up further: LABORCATEGORY 2421 -2421 2421 -2022 2022 -2423 2023-2424 2424242 PRINCIPAL IN CHARGE (Lynn Merrill] $ 117.64 $ 12_0.58 $123.59 $ 126.68 $129.85 SENIOR CONSULTANT f PRINCIPAL ENGINEER (Cynthia Gabaldon1 $ 135.00 $ 138.38 $ 141.83 $ 145.38 $149.01 SENIORSUPERVISING INSPECTOR (Paul Merrill] $ 55.52 $ 57.25 $ 58.94 $ 70.57 $ 72.43 NPDES INSPECTOR II (Sara Raymcndi) $ 58.55 $ 60.01 $ 51.51 $ 53.05 $ 64.63 NPDES INSPECTOR 1 $ 45.54 $ 46.68 $ 47.84 $ 49.04 $ 54.2_7 ADMINISTRATIVEASSISTANT II (Abriana Marshall) $ 35.88 $ 36.77 $ 37.69 $ 38.63 $ 39.60 ADMINISTRATIVEASSISTANT I (Al1na Serrano] $ 34.75 $ 31.52 $ 32.31 $ 3111 $ 33.94 Mileage (At IRS Published Rates) $ 0.575 $ 0.575 $ 0.59 $ 0.60 $ 0.62_ Mark -Up Percentage on Reproduction and Materials: 8.500% 8.50096 8.54096 8.5003G 8.500% Reimbursables (Travel and Reproduction] at actual cost. 12 Nevada Street, Suite A Redlands, California, 92373 Office: 909 - 894 -4425 INDUSTRIAL / COMMERCIAL FACILITY INSPECTIONS During the last six years, we have provided the requested industrial / commercial facility inspection services for the following categories of inspections to the City of Lake Elsinore at a fixed price per inspection. In this proposal we continue this approach, since it provides an accurate method to the City for budgeting and, development of inspection fee rates that the City may charge to each business for cost recovery. The following full- recovery inspection fees for each category of inspections that the City has had our firm perform over the last six years shall be applicable for the three -years plus two option years if exercised by the City. We have elected to hold our first year pricing to the same as we are charging the City of Lake Elsinore in FY19 -20; all additional inspection costs have been escalated at 2.5% per year. FEE SCHEDULE NPDES PRIORITY PRICE PER INSPECTION PER FACILITY FY20 -21 PRICE PER INSPECTION PER FACILITY FY21 -22 PRICE PER INSPECTION PER FACILITY FY22 -23 PRICE PER INSPECTION PER FACILITY FY23 -24 PRICE PER INSPECTION PER FACILITY FY24 -25 INDUSTRIAL HIGH $224.15 $230.87 $237.80 $244.93 $252.28 INDUSTRAL MEDIUM $179.32 $184.70 $190.24 $195.95 $201.83 INDUSTRIAL LOW $89.65 $92.35 $95.12 $97.97 $100.91 RESTAURANTS HIGH $74.72 $76.95 $79.27 $81.65 $94.10 RESTAURANTS MEDIUM $59.77 $61.55 $53.41 $65.31 $67.27 RESTAURANTS LOW $44.83 $46.17 $47.56 $48.99 $50.46 COMMERCIAL HIGH $64.76 $66.70 $68.70 $70.77 $72.89 COMMERCIAL MEDIUM $54.79 $56.43 $58.13 $59.87 $61.57 COMMERCIAL LOW $44.83 $46.17 $47.56 $48.99 $50.45 MUNICI PAL FACILITIES- All Others LOW X14.83 $46.17 $47.56 $48.99 $50.45 Other- Inactive/ Residential/ Non - Inspection (1/2 CDmmercial Low) $22.42 $23.09 $23.78 $24.49 $25.23 FOLLOW-UP AND REI NSPECTI ONS NDCharge No Charge No Charge ND Charge No Charge POST CONSTRUCTION BEST MANAGEMENT PRACTICES $149.44 $153.92 $158.54 $153.30 $158.20 PROFESSIONAL SUPPORT No Charge No Charge No Charge No Charge NDCharge ADDITIONAL PER HOUR INSPECTION FOR NOVs $150.00 $154.50 $159.1¢ $153.91 $158.83 WOMP PLAN CHECK FEES Under our agreement with CGRME, the following fixed price plan check fees shall be applicable for the three -years plus two option years if exercised by the City. We are proposing a fixed price per type of WQMP; this will allow the City to be able to budget for the type of WQMP plan checks that may occur and therefore accurately charge the developer for the cost of each plan check. Preliminary WQMP reviews and redline are a single fixed price, while Final WQMPs shall be priced based on the type of project shown in the table below. WQMP review and approval includes three site inspections during the course of actual construction to ensure that the Developer is implementing the requirements of the WQMP on -site, with a final approval upon completion of each development project. Additional inspections, if required, are at the fully burdened hourly rate shown above for the Senior Consultant / Principal Engineer. 12 Nevada St. Suite A Redlands, California, 92373 Office: 909 - 894 -4425 Final WQMPs Commercial Industrial Residential Basic S acres or less 5 acres or less 19 acres or less $ 2,357.50 Greater than 8.1 Greaterthan5 Greater than 19 Standard acres up to 23 acres up to 18 acreasupto50 acres acres acres Greaterthan Greaterthan Greaterthan Complex $2,600.00 $ 2,665.00 $2,731.63 $2,799.92 23.1 acres 18.1 acres 50.1 acres $ 3,45.00 $3,572.13 $3,661.43 $3,752.96 Complex Includes 3 site visits and final approval. Additional WIMP inspections $6,093.63 $6,245.97 site visits perfully burdened hourly rates. Due to the nature of development and the long lead time, we are recommending that a preliminary WQMP plan check shall be billed 50% upon notification from the City to our firm, and 50% upon submission of the Preliminary WQMP back to the City. Final WQMP shall be billed at 25% upon initiation of document review, an additional 25% upon submission of redlines and corrections, if any, back to the City and Developer for correction, an additional 30% upon completion and certification of the Final WQMP, and the remaining 20% upon completion of all remaining WQMP on -site inspections and issuance of a certificate of installation that the project has been completed, and that the project BMPs are installed and functional. In the event that a project is still on -going when our contract period ends, the City shall pay any remaining balances due at that time for any remaining projects. Other arrangements may be negotiated between our firm and the City regarding this. The following table indicates the pricing for each type of inspection during the period of contract performance: PRODUCT CATEGORY 2020 -2021 2021 -2022 2022 -2023 2023 -2024 2024 -2025 Preliminary WQMP $2,300.00 $ 2,357.50 $2,416.44 $2,476.85 $2,538.77 Final WQMPs Basic $2,600.00 $ 2,665.00 $2,731.63 $2,799.92 $2,869.91 Standard $3,400.00 $ 3,45.00 $3,572.13 $3,661.43 $3,752.96 Complex $5,800.00 $5,945.00 $6,093.63 $6,245.97 $6,402.11 WQMP inspections 1 $1,200.00 $ 1,230.00 1 $1,260.75 1 $1,292.27 1 $1,324.58 All invoicing shall be prepared on an actual cost basis during the period of performance for the previous month, with invoicing submitted no later than 15- calendar days from the end of each month. Payment shall be due 30- days from submission of our invoice to the City. We look forward to providing these services to the City of Lake Elsinore. Sincerely, ;4""� Lynn Merrill Principal 12 Nevada St. Suite A Redlands, California, 92373 Office: 909 - 894 -4425