HomeMy WebLinkAboutReso 81-24 Approving an Agreement for Municipal Regional Stormwater National Pollutant Discharge Eli
Reso. No. 81-24, Item 5.8, Adopted 07/16/2024 Page 1 of 1
RESOLUTION NO. 81 – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT FOR MUNICIPAL REGIONAL STORMWATER NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT INSPECTIONS AND ILLICIT
DISCHARGE RESPONSE SERVICES
WHEREAS, on April 10, 2024, Staff issued a Request for Proposals (RFP) for Municipal
Regional Stormwater NPDES Permit Inspections and Illicit Discharge Response Services; and
WHEREAS, the City received five responses to the RFP; and
WHEREAS, Staff reviewed and evaluated the proposals in accordance with the RFP rating
criteria; and
WHEREAS, the City desires to enter into an agreement with CSW/Stuber-Stroeh
Engineering Group for a not-to-exceed amount of $600,000 over a three-year term.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement with CSW/Stuber-Stroeh Engineering Group attached hereto as
Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement and make any necessary, non-substantive changes to carry out the intent of this
Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of July 2024, by the following vote:
AYES: Councilmembers Hu, Josey, Qaadri, Thalblum and Mayor McCorriston
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 1 of 15
CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND
CSW/STUBER-STROEH ENGINEERING GROUP
THIS AGREEMENT for Municipal Regional Stormwater National Pollutant Discharge Elimination
System Permit Inspections and Illicit Discharge Response services is made by and between the City of
Dublin (“City”) and CSW/Stuber-Stroeh Engineering Group (“Contractor”) (together sometimes referred to
as the “Parties”) as of July 17, 2024 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2027, unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8. The time provided to Contractor to complete the
services required by this Agreement shall not affect the City’s right to terminate the
Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may
be extended on a month to month basis for up to 6 months upon the written consent of the
Contractor and the City Manager, provided that: a) sufficient funds have been appropriated
for such purchase, b) the price charged by the Contractor for the provision of the serves
described in Exhibit A does not increase. None of the foregoing shall affect the City’s right
to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
1.5 [INTENTIONALLY DELETED]
1.6 [INTENTIONALLY DELETED]
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $600,000
which includes a $60,000 contingency, notwithstanding any contrary indications that may be contained in
Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 2 of 15
In the event of a conflict regarding the amount of compensation between this Agreement and Consultant’s
proposal, this Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only
payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall
submit all invoices to City in the manner specified herein. Except as specifically authorized by City in
writing, Contractor shall not bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
The Contractor’s signature;
Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Contractor reaches or exceeds 800 hours within a 12-month period under this
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 3 of 15
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 [INTENTIONALLY DELETED]
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 4 of 15
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 5 of 15
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for
any and all persons employed directly or indirectly by Contractor. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Contractor may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 6 of 15
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the City for all work performed by the Contractor, its employees, agents,
and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
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. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including without limitation, blanket contractual liability and the
use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 7 of 15
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 8 of 15
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively,
“Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 9 of 15
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement 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 City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor 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.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 10 of 15
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 11 of 15
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 12 of 15
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor’s Books and Records. Contractor 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 the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 13 of 15
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Julia Harberson
504 Redwood Blvd. Suite 310
Novato, CA 94947
Any written notice to City shall be sent to:
City of Dublin
Attn: Shannan Young
100 Civic Plaza
Dublin, CA 94568
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 14 of 15
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A and B represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A Scope of Work
Exhibit B Compensation Schedule & Reimbursable Expenses
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
one agreement. Counterparts delivered and/or signatures executed by City-approved
electronic or digital means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in accordance
with applicable federal and California law. Either Party may revoke its agreement to use
electronic signatures at any time by giving notice to the other Party.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 15 of 15
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN CSW/Stuber-Stroeh Engineering Group
Linda Smith D’Ambrosio, City Manager Robert Stevens, President/CEO
Attest: N/A
Contractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 1 of 8
EXHIBIT A
SCOPE OF WORK FOR MUNICIPAL REGIONAL STORMWATER NPDES PERMIT INSPECTIONS
AND ILLICIT DISCHARGE RESPONSE
The specific scopes of work under this RFP include: 1) Updating 5-year and annual work plans and
conducting inspections to meet MRP Provision C.3 Operations and Maintenance Verification requirements;
2) Updating 5-year and annual works plans and conducting inspections to meet MRP Provision C.4
business inspection requirements; 3) Conducting inspections and collecting maintenance records to meet
MRP Provision C.10 Trash Load Reduction Requirements, and 4) Providing illicit discharge and spill
response services. Detailed descriptions of each scope of work are provided below. Please note that there
are overlaps at some parcels/projects for some or all of these inspections (e.g., a parcel may require a C.4
general business inspection and also a C.3 O&M inspection and/or a C.10 PLDA inspection). Contractors
are encouraged to explain how they would approach these situations regarding annual work plans and
billing.
1) Municipal Regional Stormwater NPDES Permit (MRP) Provision C.3 Operations and Maintenance Verification Inspections
MRP Provision C.3 mandates that permittees conduct an operations and maintenance (O&M) verification
program to ensure stormwater treatment and hydromodification management measures (collectively,
“stormwater management measures”) remain in effective operating condition in perpetuity. Permittees must
conduct O&M verification inspections according to the following formula:
• Inspection of an average of 20%, but no less than 15% of total number (at the end of the preceding
fiscal year) of Regulated Projects per year, such that all Regulated Projects are inspected at least
once every five years.
Currently, the City has over 100 Regulated Project sites with installed stormwater management measures,
including both low impact development measures and proprietary treatment measures. During the first
contract year, the City anticipates the Contractor will conduct inspections of approximately 30 Regulated
Projects. Of those inspections, approximately 50% will require a second inspection and 10-15% will require
a third inspection. As the number of Regulated Projects with installed stormwater management measures
increases, the number of required annual inspections will increase.
A Regulated Project may have only one stormwater management measure, or it may have multiple
stormwater management measures. The fee paid to the Contractor to conduct C.3 O&M inspections will be
based on a reasonable per hour inspection fee and the hourly fee will be applied to a reasonable number of
hours per site, depending on how many stormwater management measures are on-site. Contractor shall
provide the proposed fee schedule in the proposal, indicating how that fee schedule was determined.
Inspection Plans
The Contractor will be responsible for updating the 5-year inspection plan in the first quarter of the contract
term. Update of the 5-year inspection plan shall include populating the Clean Water Program ArcGIS online
database with project contact information. The 5-year inspection plan will be reviewed and approved
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 2 of 8
by the Environmental & Sustainability Division in the Public Works Department. The Contractor will develop
the plan using the information provided in the Clean Water Program ArcGIS On-Line database, or
equivalent database (CWP database) and shall be designed to meet the requirements of the MRP. In
addition, the Contractor shall be responsible for providing to the City for review and approval an annual
inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection
plan shall include identifying current site contacts and reviewing the CWP database to verify that project
locations in the 5-year plan are up to date. The annual inspection plan shall be provided to the
Environmental & Sustainability Division by October 1 each year.
Annual Operation and Maintenance Reports
Using the updated contact list in the 5-year inspection plan, the Contractor shall be responsible for sending
annual letters to the entire inventory of Regulated Project sites requesting that annual operations and
maintenance reports are submitted, per the Stormwater Management Maintenance Agreement. The
Contractor shall assist with tracking which entities have submitted the reports and conducting follow-up with
the entities that do not respond to initial requests for the report.
Inspections
As part of conducting inspections, Contractor shall set up appointments with site location contacts at least a
few days ahead of the inspection date. The Contractor shall use the Alameda Countywide Clean Water
Program (CWP) Arc GIS On-line (AGOL) field application to conduct the inspections. The Contractor shall
be familiar with and follow the City’s Enforcement Response Plan when issuing enforcement actions to
facilities with deficiencies in any stormwater management measure. The key tasks under this scope of
services for conducting C.3 Operations and Maintenance Verification Inspections shall include, but not be
limited to, the following:
1.a. First Inspections
The following generally describes the first inspection process that the Contractor shall follow. The
inspection process may be modified from time-to-time, but will generally include:
1. Using City letterhead and envelopes, the Contractor will send a letter to site locations scheduled for
inspection. The site location list shall be the list developed and updated by the Contractor and
approved by the City as part of the annual inspection plan. Once the letter has been sent, the
Contractor shall set up appointments with location representative(s) at least a few days ahead of
the inspection date and time. The Contractor shall review site drawings and previous inspection
results to determine compliance history prior to going to the site.
2. Visit the site and meet with the location representative. Explain the purpose for the inspection and
ask questions to verify that stormwater management measures are operating and being maintained
adequately.
3. Ask location representative for maintenance records for all stormwater management measures,
particularly underground or proprietary management measures.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 3 of 8
4. Fill out the inspection report in the Clean Water Program AGOL database and obtain the location
representative’s signature on the form. The Contractor shall also:
Take pictures of potential deficiencies and/or best management practices to include in the
AGOL app.
Require location representative to install storm drain markers, if needed.
Determine the appropriate enforcement response timeline, following the City’s Enforcement
Response Plan, provided in Attachment A and indicate the timeline in the inspection report.
5. Distribute appropriate BMP handouts provided by the City to location representative.
6. When a location representative is NOT available for inspection, Contractor shall contact the City to
determine the action the City would like to take.
7. If it is discovered that the site owner/operator is different than the owner/operator as listed in the annual
inspection plan, notify the City of the change. If the new site owner/operator is occupying the location, the
Contractor shall provide educational materials, as needed and complete the inspection.
8. All first inspections shall be completed no later than May 15th of each year.
9. For site locations that have stormwater management measures with potential deficiencies, Contractor
shall let the location representative know about the deficiency at the end of the first inspection. Contractor
will show the location representative the deficiencies and/or concerns and provide a timeline to cure the
deficiency to the location representative. Contractor shall follow the City’s Enforcement Response Plan
when determining the compliance schedule.
Contractor shall take pictures of any potential problem areas, document number of pictures taken for a site,
and note that in the AGOL app. A copy of the inspection report shall be emailed to the location
representative via the AGOL app within 3 business days of the inspection. As necessary and as outlined in
the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters,
Notice of Violations, or other letters to the location representative outlining violations deficiencies, along
with appropriate guidance to address the violations. Contractor shall notify the City by the 3rd business day
of the week following the inspection of all locations that require a reinspection.
1.b. Re-inspections of Stormwater Management Measures
The following generally describes the re-inspection process that the Contractor shall follow:
1. Contractor shall email the City weekly a reinspection spreadsheet indicating all locations that
require a reinspection.
2. The Contractor will be expected to perform the reinspection, unless notified otherwise by the City.
The Contractor shall perform the reinspection within the appropriate timeframe as indicated in the
City of Dublin’s Enforcement Response Plan.
3. If after reinspection, deficiencies are still noted, the Contractor shall notify City staff immediately
and work with City staff to determine what action needs to be taken.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 4 of 8
2) Municipal Regional Stormwater NPDES Permit Provision C.4 Business Inspections
MRP Provision C.4 requires permittees to conduct inspections at all industrial and commercial facilities that
could reasonably be considered to cause or contribute to stormwater pollution if proper best management
practices are not implemented. The City anticipates that the selected Contractor will be required to conduct
approximately 100 first inspections on a yearly basis. Out of these, it is expected that approximately 10 -
15% will require a second inspection and approximately 5% will require a third inspection.
Each inspection will be billed on a per inspection basis, (i.e. lump sum). Contractor shall provide the
proposed lump sum dollar amount per inspection in the proposal, indicating how that lump sum was
determined.
Inspection Plans
The Contractor will be responsible for updating the 5-year inspection plan in the first quarter of the contract
term. Update of the 5-year inspection plan shall include populating the Clean Water Program ArcGIS online
database with project contact information. The 5-year inspection plan will be reviewed and approved by the
Environmental & Sustainability Division in the Public Works Department. The 5-year plan shall be designed
to meet the requirements of the MRP. The Contractor shall include in the 5-Year inspection plan details
regarding which businesses are required to file a Notice of Intent under the Industrial General NPDES
Permit with the State Water Resources Control Board and include compliance status with that State
requirement. The Contractor shall use the State Stormwater Multiple Application and Report Tracking
System to verify compliance.
In addition, the Contractor shall be responsible for providing to the City for review and approval an annual
inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection
plan shall include identifying current site contacts and reviewing the new business list provided by the City
to the Contractor to verify the business list is up to date. The contractor shall review the new business list to
determine which businesses may cause or contribute to stormwater pollution and therefore should be
added to the annual inspection plan for the year. As part of the developing the annual inspection plan, the
Contractor shall verify compliance with the State Industrial Permit for businesses included in the annual
inspection plan. The Contractor shall also identify businesses that are certified oil collection centers in the
5-year business inspection plan and provide appropriate outreach/information related to responsibilities of
said certified centers annually.
The new business list will be provided to the Contractor by September 1 annually and the Contractor shall
provide the updated annual inspection plan to the City, including new businesses, by October 1 annually.
The annual inspection list may be modified from time-to-time in response to businesses opening/closing or
complaints.
Inspections
The Contractor will be required to use the CWP AGOL inspection application to conduct the inspections.
The Contractor shall be familiar with and follow the City’ Enforcement Response Plan in the enforcement
actions issued to facilities with violations. The key tasks under this scope of services for conducting C.4
Business Stormwater Inspections will include the following:
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 5 of 8
2.a. First Inspections
The following generally describes the first inspection process that the Contractor shall follow. The
inspection process may be modified from time-to-time, but will generally include:
1. Using City letterhead and envelopes, the Contractor will send a letter to site locations scheduled for
inspection. The site location list shall be the list developed and updated by the Contractor and
approved by the City as part of the annual inspection plan. Once the letter has been sent, the City
may require the Contractor to set up appointments with location representative(s) at least a few
days ahead of the inspection date and time.
2. Visit the business site and meet with business representative. Explain the purpose for the
inspection and ask questions to ascertain that operational Best Management Practices are
implemented by the business to prevent stormwater pollution. The inspection shall include rooftop
observations, as safety allows.
3. Complete the inspection report, obtain the business representative’s signature on the form, and e-
mail the form to the business representative. The Contractor shall also:
Take pictures of potential deficiencies and/or best management practices to include in
the AGOL app.
Document if on-site trash capture devices are installed on-site and being properly
maintained. The inspector shall ask for maintenance records for on-site trash capture
devices, as applicable.
Require location representative to install storm drain markers, if needed.
Determine the appropriate enforcement response timeline, following the City’s
Enforcement Response Plan, provided in Attachment A, and indicate the timeline in
the inspection report.
Distribute the appropriate BMP handouts provided by the City to business
owners/managers.
If an active discharge is observed during the inspection, the Contractor shall take the
necessary steps to stop the discharge and immediately contact the City.
When a business representative is NOT available for inspection, Contractor shall
contact the City to determine the action the City would like to take.
4. If it is discovered that a business is no longer in operation, Contractor shall complete an inspection
report indicating that the site is out of business. Note if a new business has moved into the facility
and provide the information to the City. Conduct an inspection, as necessary.
5. All first inspections shall be completed no later than May 15th of each year.
6. For businesses that have potential or actual stormwater violations, Contractor will let the business
representative know at the end of the first inspection that the business has violation(s) that must be
addressed. Contractor will show the business representative all potential or actual violations and/or
concerns and provide a timeline to the business representative. Contractor will follow the City’s
Enforcement Response Plan when determining compliance schedule.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 6 of 8
Contractor shall take pictures of any actual or potential problem areas, document number of pictures taken
for a site and note that in the CWP AGOL platform. If necessary and as outlined in the City’s Enforcement
Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other
letters to the business representative outlining violations or potential violations, along with appropriate
guidance to address the violations. Contractor will notify the City by the 3rd business day of the week
following inspection of all businesses that require a re-inspection.
2.b. Reinspection of Businesses
The following generally describes the re-inspection process that the Contractor shall follow:
1. Contractor shall email the City weekly a re-inspection spreadsheet indicating all locations that
require a reinspection.
2. The Contractor will be expected to perform the reinspection, unless notified otherwise by the City.
The Contractor shall perform the re-inspections within the appropriate timeframe as indicated in the
City of Dublin’s Enforcement Response Plan.
3. If after reinspection, deficiencies are still noted, the Contractor shall notify City staff immediately
and work with City staff to determine what action needs to be taken.
3) Municipal Regional Stormwater NPDES Permit (MRP) Provision C.10 Trash Load Reduction
Inspections
MRP Provision C.10 requires permittees to have achieved 100% trash load reduction via installation of full
trash capture devices or other actions equivalent to full trash capture by June 30, 2025. The Contractor(s)
will assist the City with this MRP provision by conducting inspections to verify that private full trash capture
devices are being maintained and/or to conduct on-land visual trash assessments to verify that equivalent
actions equal to full trash capture are being implemented.
3.a. Locations with installed full trash capture devices.
The MRP allows third-party maintenance reports in lieu of conducting in-person inspections for vault-based
systems. The Contractor shall send annual letters to all locations with installed full trash capture devices
requesting that annual operations and maintenance reports are submitted, per the Stormwater
Management Maintenance Agreement and/or the Dublin Municipal Code. The Contractor shall assist with
tracking which entities have submitted the reports and conducting follow-up with the entities that do not
respond to initial requests for the report. The follow-up shall include tracking down current property owners
or responsible entities when the existing known contact information is out of date.
This task will be billed on a per location basis, (i.e. lump sum). Contractor shall provide the proposed lump
sum dollar amount in the proposal, indicating how that lump sum was determined.
3.b. Locations implementing actions equivalent to full trash capture devices
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 7 of 8
The Contractor shall verify that equivalent actions are being implemented via on-site inspection. Equivalent
actions include but are not limited to daily litter pick-up, making available and servicing publicly accessible
waste containers, storm drain inlet cleaning, or other actions. Some locations may require on-land visual
trash assessments, conducted using the protocols established in the “On-land Visual Trash Assessment
Protocol for Stormwater, Protocol C – Area Based Survey” developed by EOA Inc. and Keish
Environmental (Attachment B). The inspection reports shall be completed in the CWP AGOL application.
When it is determined that actions/good housekeeping practices are not being implemented such that they
are equivalent to full trash capture devices, the Contractor shall conduct follow-up inspections and
enforcement to gain compliance.
Contractor shall take pictures of any actual or potential problem areas, document number of pictures taken
for a site, and note that in the CWP AGOL platform. If necessary and as outlined in the City’s Enforcement
Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other
letters to the business representative outlining violations or potential violations, along with appropriate
guidance to address the violations. Contractor will notify the City by the 3rd business day of the week
following inspection of all businesses that require a re-inspection.
Each inspection will be billed on a per inspection basis, (i.e. lump sum). Contractor shall provide their
proposed lump sum dollar amount per inspection in their proposal, indicating how that lump sum was
determined.
4) Illicit Discharge and Spill Response Assistance
The Environmental & Sustainability Division (ESD) in the Public Works Department has responsibility for
illicit discharge and spill response, investigation, cleanup, follow-up, and record keeping. ESD will utilize the
Contractor to assist with spill response efforts for the City. The Contractor will be the first responder, as
needed, on evenings, weekends, and holidays.
The City will utilize the Contractor for assistance with spill and discharge response, as needed. The
Contractor may be called upon to conduct investigations, develop action plans, assist with spill
containment, assist with recordkeeping and time tracking, conduct follow-up work, or other activities as
described in the City’s Spill and Discharge Response Plan. The Contractor is required to follow the Spill
and Discharge Response Plan as it may be updated from time to time.
As the first responder, the Contractor shall use the city’s Urban Runoff and Incident Report Form and follow
procedures as outlined in the City’s Spill and Discharge Response Plan after consulting with City staff
regarding how to proceed with the response.
The Contractor will provide a qualified individual to conduct site investigations associated with any reported
spills or discharges. The spill inspector will obtain the appropriate field forms and any available
improvement plans and/or any GIS information identifying the location of storm drains in the immediate
area. The City may ask the Contractor to take the lead collecting samples of the material discharged.
The Contractor is responsible for providing the spill inspector appropriate PPE and field equipment,
including a camera and reporting materials.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 8 of 8
Assumptions for Spill Response Investigations:
The Contractor shall assume there will be up to 12 spill investigations needed per fiscal
year.
The Contractor shall assume a typical spill response investigation will take no more than 4
hours initially.
The Contractor shall assume the follow up on the incident will take no more than 1.5 hours.
The Contractor shall assume the emergency weekend/after hours on-call rate will be 1.5
times the normal hourly rate.
In the event the Contractor is the first to arrive at an emergency situation (hazardous or
unknown material spill), the Contractor shall notify First Responders and the City of Dublin
in parallel to immediately resolve any unsafe/hazardous situations.
For all other non-hazardous spills, the Contractor would follow the reporting protocol as
outlined by the City of Dublin and the City of Dublin will make all agency and responsible
party potential fine notifications.
Spill response activities will be billed on a time and materials basis. Contractor shall provide a rate
schedule in the proposal.
5) Project Management and QA/QC
Contractor shall provide a Project Manager for coordination and management of the Contractor team
activities and communication with the City of Dublin. It is expected that the Project Manager will provide
QA/QC oversight of inspection reports, warning letters, and other deliverables provided to the City such that
minimal review of said information is required by City staff.
Contractor is expected to participate in monthly status update meetings that will be billed on a time and
material basis.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit B – Page 1 of 3
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Effective January 1, 2024 – December 31, 2024
ENGINEERING SERVICES HOURLY RATES
Classification Rate
Senior Engineer $ 201.00
Engineer III $ 194.00
Engineer II $ 175.00
Engineer I $ 144.00
Technician $ 131.00
Engineer Assistant $ 101.00
SURVEY SERVICES HOURLY RATES
Senior Surveyor $ 201.00
Surveyor III $ 194.00
Surveyor II $ 175.00
Surveyor I $ 144.00
Survey Technician $ 131.00
Survey Assistant $ 101.00
Two Person Survey Party $ 340.00
Survey Party Chief $ 220.00
Survey Chainman $ 120.00
Survey Apprentice $ 112.00
Aerial Drone Surveyor $ 217.00
OTHER PROFESSIONAL RATES
Principal $ 269.00
Associate Principal $ 245.00
Senior Project Manager $ 240.00
Project Manager $ 226.00
Senior Landscape Architect $ 172.00
Landscape Architect $ 156.00
Construction Manager $ 235.00
Resident Engineer $ 226.00
Field Engineer $ 194.00
Technical Writer $ 138.00
Graphic Illustrator $ 131.00
Project Assistant $ 101.00
All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate
plus 10%.
Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be
charged at cost, plus service charges at the rate of 10%.
Billing will be monthly net 30 days.
Hourly rates are subject to increase annually at a rate commensurate with the San Francisco CPI, as approved
by the City of Dublin.
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit B – Page 2 of 3
Municipal Regional Stormwater NPDES Permit Inspections
and Illicit Discharge and Spill Response Services
SUMMARY OF ANNUAL LABOR
EFFORT
06.11.2024
CSW/ST2
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Billable Rate ($/ hour) 269.00 240.00 201.00 175.00
1 NPDES Administration
1.1 Annual Project Kickoff 2 2 2 6 $1,420
1.2 Develop Site Matrix/Update Site Matrix 4 8 12 $2,568
1.3 Inspection Plan 8 8 16 $3,528
1.4 Identify Regulated Projects 4 4 8 $1,764
1.5 Meetings (assume 2) 2 2 4 $882
1.6 QA/QC 4 4 $1,076
Task 1 Subtotal 6 20 24 0 50 $11,238
2 1st Inspection
2.1 Outreach to Owner/Operators 8 12 12 32 $6,432
2.2 1st Inspection 8 55 100 163 $30,475
2.3 Documentation 8 30 50 88 $16,700
2.4 Meetings (assume 3) 3 3 3 9 $1,848
2.5 QA/QC 4 4 $1,076
Task 2 Subtotal 4 27 100 165 296 $56,531
3 2nd & 3rd Inspection
3.1 Outreach to Owner/Operators 4 8 8 20 $3,968
3.2 2nd Inspection 8 30 45 83 $15,825
3.2 3rd Inspection 4 10 15 29 $5,595
3.3 Documentation (incl. Annual Inspection Report) 8 40 50 98 $18,710
3.4 Meetings (assume 3) 3 3 3 9 $1,848
3.5 QA/QC 8 8 $2,152
Task 3 Subtotal 8 27 91 121 247 $48,098
4 Illicit Discharge and Spill Response (assume 12)
4.1 Investigation & Source Identification 12 48 48 108 $20,928
4.2 Containment & Mitigation 6 18 18 42 $8,208
4.3 Cleanup & Remediation 12 48 60 $12,528
4.4 Documentation 12 12 24 48 $9,492
4.5 QA/QC 12 12 $3,228
Task 4 Subtotal 12 42 126 90 270 $54,384
Labor Total 30 116 341 376 593 $170,251
Reimbursable Expenses
General Expenses $5,000
Total Reimbursable Expenses: $5,000
Total CSW|ST2 Cost per Year: $175,251
Total CSW|ST2 Cost (3-Years): $525,753
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C
Exhibit A
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit B – Page 3 of 3
Municipal Regional Stormwater NPDES Permit
Inspections and Illicit Discharge and Spill
Response Services
SUMMARY OF LABOR EFFORT
06.11.2024
CSW/ST2
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AGOL Data Entry – Start of Contract Effort (Year 1 Cost Only)
6 AGOL C3 App Data Entry
6.1 Review O&M Agreements for Contact Information not in
existing spreadsheet (assumes 25 sites)
1 2 6 9 $1,692
6.2 Contact Information Data Entry (~120 sites, assume 8 sites per
hour)
1 2 15 18 $3,267
Task 1 Subtotal 0 2 4 21 27 $4,959
7 AGOL C4 App Data Entry
7.1 Contact Information Data Entry (~400 sites) from existing
spreadsheet (assume 8 sites per hour)
2 2 50 54 $9,632
Task 2 Subtotal 0 2 2 50 54 $9,632 Labor Total 0 4 6 71 81 $14,591
Docusign Envelope ID: B587DB3E-92DB-4BC8-84C5-641C427B432C