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CONTRACT 4909 CLOSEDAgreement No. 4909 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND GEOSYNTEC CONSULTANTS This AGREEMENT is entered into this 10th day of August, 2015, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY ") and cos ntec Consultants, a *lorida orpo atLon. ( "CONSULTANT "). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Twenty-Four Thousand Two litindred t -'Fwo dollars ($24.262) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES, A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. Agreement No. 4909 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. CITY's city manager ( "Manager ") may determine, at the Manager's sole discretion, that CONSULTANT must perform additional work ( "Additional Work ") to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work. B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. C. Payments over $738 for Additional Work must be approved by CITY's city council. All Additional Work will be subject to all other ternls and provisions of this Agreement. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: i. Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. -2- Agreement No. 4909 Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The terns of this Agreement will be from gliternbe 2015, ., to August 31`1, 201 . Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A "; B. Termination as stated in Section 16. 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Proposal for Services and Scope of Work; 12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 9911 Agreement No. 4909 13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number, 14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 16. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section I (C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's -4- Agreement No. 4909 property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 19. INDEMNIFICATION. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. -5- Agreement No. 4909 D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 23. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $1,000,000 $1,000,000 $1,000,000 Statutory requirement -6- Agreement No. 4909 B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO -CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a `'claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16. 24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. -7- Agreement No. 4909 26. NOTICES. All communications to either party by the other parry will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: Geosyntec Consultants 3415 S. Sepulveda Blvd. Suite 50.00 Los Angeles, Ca 90034 Attention: Ken Susilo If to CITY: City of El Segundo- Public Works 350 Main Street El Segundo, CA 90245 -3813 Attention: Lifan Xu Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, 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 CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are one (1) Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. -8- Agreement No. 4909 33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 35. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] ST Agreement No. 4909 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OI S IDO GregCo, en to .w City Manager A "1TE S p City ;ler ' GEOSYNTEC CONSULTANTS Taxpayer ID No. 51 - 2,3551314 APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: Karl H. Berger, Assistant City Attorney -10- Lx Kt 1 1 A ueosynleC: consultm-as Stephanie Katsouleas, Director Lifan Xu, P.E., Principal Civil Engineer Department of Public Works City Hall City of El Segundo 350 Main Street El Segundo, CA 90245 -3813 Agreement No. 4909 3415 S. Sepulveda Blvd. Suite 5000 Los Angeles, California 90034 I'll 310.957.6190 August 3, 2015 Subject: Proposal for Municipal Stormwater Permit Implementation Assistance Dear Ms. Katsouleas and Mr. Xu: Geosyntec Consultants (Geosyntec) is pleased to provide to you this proposal for consulting services to assist the City of El Segundo (City) in implementing the Municipal Stormwater Permit. The fourth Los Angeles Regional Water Quality Control Board (Regional Board) National Pollutant Discharge Elimination System (NPDES) Permit for discharges from the municipal separate storm sewer system (MS4) within Coastal Watersheds of Los Angeles County (LA MS4 Permit) became effective on December 28, 2012. This proposal provides a scope of work to assist the City in meeting its individual requirements under the LA MS4 Permit during the development and implementation of the Enhanced Watershed Management Programs (EWMPs). SCOPE OF WORK The City is not requesting support for all permit elements at this time, but rather specific assistance with discrete tasks as well as on -call support to address issues and needs as they arise. In some instances work tasks can be distributed across multiple municipal clients to provide our services and expertise in a cost - shared fashion. Task 1. -- LA MS4 Permit Pro &ram This task provides an allocation of time to assist City staff in program level planning for implementation of the LA MS4 Permit and for on -call support to address developments arising from permit -wide workshops or other permit implementation support needs. Proposal-El Segundo -MS4- Support - FYIS- 16.docx e311Lr]11(2(2FS I SCici ?Ll3LS I innovators Agreement No. 4909 Ms. Stephanie Katsouleas Mr. Lifan Xu August 3, 2015 Page 2 Task 2 — public Agency Activities Prq graru Trainin r This task is provided to meet the annual City staff training requirement for the ongoing implementation of Public Works stormwater pollution prevention BMPs as well as on new provisions of the Permit that will not be customized through the EWMP such as the non - stormwater discharge prohibitions. A workshop with the Public Works Department staff, as well as appropriate staff from other departments, will be developed and delivered at the City's offices. This workshop will include discussion of the conditionally exempt non - stormwater discharges and required BMPs for those exemptions. A single two -hour workshop session is assumed with allowance for adequate preparation time for structuring the workshop and providing handouts. Effort for preparation of the presentation and handouts will be conducted in a cost - shared fashion. Task 3 — Industrial /Commercial Facilities Control Program No work is proposed for this Task during this Fiscal Year. Task 4 -- TMD1, and Watershed Plannin The City is working cooperatively with other Co- Permittees to develop and implement Enhanced Watershed Management Programs (EWMPs) for each of two watersheds to which the City is tributary: the Santa Monica Bay and the Dominguez watersheds. These EWMPs will address TMDLs incorporated into the new MS4 permit for: Santa Monica Bay Beaches Bacteria, Marine Debris (trash), DDT and PCBs in Santa Monica Bay; and Toxics (metals, legacy pesticides and PCBs, polynuclear aromatic hydrocarbons and aquatic toxicity) for Dominguez Channel/LA Harbor. This task is to provide as- needed assistance to City staff upon request in support of watershed activities for either one or both watersheds. This task includes a revised hydrologic analysis of Pump Station 18 based on updated topographic data to be provided by the City. Upon completion of the analysis, a summary report will be provided to the City. "Task 5 —low Impact Development Ordinance and Green Street Polic This task is provided to assist the City in completing their revision of Chapter 7 (Standard Urban Storm Water Mitigation Plan Implementation) of Title 5 (Health and Sanitation) of the City's municipal code to be consistent with the Planning and Land Proposal-El Segundo- MS4 - Support- FYI5- 16.docx engineers I scientists I innovators Agreement No. 4909 Ms. Stephanie Katsouleas Mr. Lifan Xu August 3, 2015 Page 3 Development provisions (also known as Low Impact Development [LID]) of the Municipal Stormwater Permit. Geosyntec previously assisted the City on an initial revision of Chapter 7, Title 5; however, additional revisions are assumed to be required to bring the entire chapter into conformance with the MS4 Permit. In addition, Geosyntec has also noted that Chapter 4 (Storm Water and Urban Runoff Pollution Control) of Title 5 will require modifications to conform to the MS4 Permit. Geosyntec will assist the City with revisions to Chapter 4 in a similar manner. Geosyntec will prepare a draft revision of Chapters 4 and 7 of Title 5 of the municipal code for review by City staff and the City Attorney. Three revisions of the ordinance are assumed: one to incorporate consolidated comments from City staff, a second revision to address comments from the City Attorney, and a final revision to incorporate comments from Regional Board staff. Geosyntec will also assist City staff in finalizing their Green Street Policy, if and as required by the Regional Board, to be implemented for public works capital improvement projects for streets and roads as well as private development projects that have a street or road component. One revision of the existing Green Street Policy is assumed to incorporate comments from Regional Board staff. Geosyntec will prepare a guideline for developers which can be distributed at the City's public counter in order to meet the LA MS4 Permit requirement to make reference information and guidelines available to the development community. The guidelines will be designed to assist developers in understanding and implementing the LID Ordinance and in utilizing external references for design. Geosyntec will include in the guidelines assistance on implementation of the Green Street Policy as it may apply to private development projects. Two revisions of the guidelines for developers are assumed. It is assumed that the Green Street Policy and LID Ordinance will reference existing BMP manuals (e.g., County or City of LA manuals) with respect to detailed design requirements or standard designs to be specified in the policy, i.e., Geosyntec will not develop detailed design guidelines or standard designs as part of this effort. It is assumed that the City Attorney's office will finalize the stormwater code revision in the form of an ordinance for presentation to the City Council. This scope does not include revision to the remainder of the stormwater code provisions in the City's municipal code which reside in a separate chapter from the SUSMP /Stormwater Runoff provisions. In preparing the technical revisions of Chapters 4 and 7 of Title 5 of the Proposal -El Segundo- MS4 - Support- FY15- 16.docx engineers I scientists I innovators Agreement No. 4909 Ms. Stephanie Katsouleas Mr. Lifan Xu August 3, 2015 Page 4 municipal code, Geosyntec Consultants will be providing a technical opinion and not offering a legal opinion. It will be the City's responsibility to obtain the review and certification by its Chief Legal counsel that the City has the legal authority as required in accordance with Section VI.A.2 -Legal Authority of the LA MS4 Permit and 40 CFR 122.26(d)(2)(i)(A -F) of the Code of Federal Regulations. COST PROPOSAL Geosyntec will conduct the work effort described in the Scope of Work for $24,260 based on actual time and materials expended in accordance with Geosyntec Consultants 2015 Rate Schedule. This amount will not be exceeded without prior approval. A budgetary cost breakdown is presented in Table 1 showing anticipated expenditures of time and materials. It is understood that reallocation of cost between tasks and subtasks may occur, or that entire tasks may be replaced in coordination with the City, so long as the total contract amount is not exceeded. It is the nature of regulatory-driven programs to be subject to uncertainty and unpredictable events such as changes in regulatory requirements, emerging issues, enforcement action or third -party lawsuits, or simply additional support required by City staff that was unanticipated. If such . unpredictable event(s) or needs arise, Geosyntec stands ready to assist the City and, at City staff's request, will submit a request for an authorization for scope change to provide the City with additional consulting services to respond to such an increased scope. Please do not hesitate to contact Chris Wessel if you have any questions or require additional information or scope clarification. We look forward to continuing to assist you and your colleagues at the City of El Segundo. Yours truly, Chris Wessel, P.E., QSD Project Engineer Ken Susilo, P.E., D.WRE Vice President Proposal-El Segundo -MS4- Support- FY15- 16.docx engineers I scientists I innovators Agreement No. 4909 Ms. Stephanie Katsouleas Mr. Lifan Xu August 3, 2015 Page 5 Attachments: Cost Breakdown Table Geosyntec Consultants 2015 Rate Schedule Proposal -El Segundo-MS4-Support-FY I 5-16.docx engineers I scientists I innovators Ur W Zj UD O " Q) N W r� 1 r LL W C) C .1-j U) .y U) Q Z v Y •E Q O W U m E U O a V C� G O O W 4- O W3, U N co N N !R CO N o v 0 v N fH N Y M F- Q O 7 U) Agreement No. 4909 0 N d r O rl Cli E 'I O 0 10 C M C h 1- MtM Q C ca p c ii p R 69 a 63 J a 64 v} 7 a co n. 3 p m LO a- y m r— J.L. i r c`a N +. ` m In C .. Y py Y> Y 01I Y O N 0 O V) N s`+ w O W i '.... r CL F� a Fes- Q F� d Fcu U' U 69 6q p N i CD Cl) Cl) Q E N L Y N L ` d C) 0,. 0 B C ff3 r E9 b} 6q W w �t 00 0 t6 O O W V '.,,... 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CL F� a Fes- Q F� d Fcu U' N co N N !R CO N o v 0 v N fH N Y M F- Q O 7 U) Agreement No. 4909 0 N Agreement No. 4909 GEOSYNTEC CONSULTANTS 2015 RATE SCHEDULE Staff Professional $115 Senior Staff Professional $135 Professional $155 Project Professional $177 Senior Professional $198 Associate $218 Principal $235 Engineering Technician 1 $ 59 Engineering Technician II $ 66 Senior Engineering Technician 1 $ 72 Senior Engineering Technician If $ 76 Site Manager 1 $ 84 Site Manager 11 $ 93 Construction Manager $106 Designer $127 Senior Drafter /Senior CADD Operator $ 112 ' Drafter /CADD Operator /Artist $ 98 Project Administrator $ 60 Clerical $ 50 Direct Expenses Cost plus 12% Subcontract Services Cost plus 12% Technology /Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $ 15 Personal Automobile (per mile) Current Gov't Rate Photocopies (per page) $ .09 Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, rates will be adjusted annually based on a minimum of the applicable Consumer Price Index (CPI). Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.