HomeMy WebLinkAbout1995-12-12 - AGENDA REPORTS - PHASE II STORMWATER PLAN (2)AGENDA REPORT `
v
City e A al
Item to be presented by:
Don Williams
CONSENT CALENDAR
DATE: December 12, 1995
SUBJECT: PHASE II OF THE STORMWATER MANAGEMENT PLAN
INCLUDING AUTOMATED MAPPING
DEPARTMENT: Building & Engineering Services
On June 18, 1990, the City of Santa Clarita became a co -permittee with the County of
Los Angeles in meeting Clean Water Act requirements relating to pollution reduction in local
and regional waterways. The City initiated a comprehensive program to meet permit
requirements through the formation of a Stormwater Utility enterprise to fund necessary
program activities.
The mandated permit activities include creating a work plan for the runoff monitoring
program, providing better information regarding deficiencies in drainage facilities, mapping
drainage areas, and linking land use classifications with associated quality and quantity of
runoff. On January 19, 1995, the City Council directed Woodward -Clyde Consultants to
prepare the City's Stormwater Management Plan. Phase I of the Plan has been completed.
This phase includes the design of an Automated Mapping System and completion of Citywide
aerial mapping. Phase I also includes the development of detailed steps for completion of the
Stormwater Management Plan and implementation of stormwater field operations.
Staff is recommending that Phase II of the plan be completed over a two- to three-year
period. The portions recommended for completion this fiscal year are procurement of
specialized automated mapping software and input of digitized data from the aerial mapping
completed in Phase I. This will result in a complete Automated Mapping System that
encompasses the entire City. The system will include parcel -specific data and information
on all storm drainage facilities, including deficiencies, and the cost of various options for
improvement.
Upon completion of the Stormwater Management Plan and Automated Mapping System, staff
will submit the facility data, the City's progress to date in meeting the required Best
Management Practices (BMP), and other required information to Los Angeles County and the
Regional Water Quality Control Board as part of the evidence of the City's compliance. The
Automated Mapping System will significantly benefit City staff and the public by providing
new information and more efficient information access.
aPpCOo�[�D Agenda Item: /0
Phase II of the Stormwater Management Plan Including Automated Mapping
December 12, 1995
Page 2
These costs were anticipated when the Stormwater Utility was established and were included
in the three-year Utility startup budget.
City Council direct the City Manager to execute a contract in the amount of $399,133 with
Woodward -Clyde Consultants; and authorize the transfer of $225,000 from the fund balance
to account no. 51-5602-227 for a portion of Phase II of the proposed Stormwater Management
Plan and Automated Mapping System the remaining $175,000 was appropriated in the 1995-
96 budget.
ATTACHMENT
Stormwater Management Plan Phase II Contract
SCS:AH:NED:dis
ronrscif\swgis05.ned
w i
CITY OF SANTA CLARITA y Y
BUILDING & ENGINEERING SERVICES DEPARTMENT ��I•.
ENGINEERING DIVISION
23920 VALENCIA BOULEVARD, SUITE 300
SANTA CLARITA, CALIFORNIA 91355
CONTRACT FOR A STORMWATER MASTER PLAN
AND AUTOMATED MAPPING SERVICES
AGREEMENT NO. 51-5602-227-3
This Agreement is entered into this 26th day of September, 1995, by and between the City
of Santa Clarita; a municipal corporation of the State of California, hereinafter "City," and
Woodward -Clyde Consultants, hereinafter "Consultant."
WHEREAS, City intends to develop a Stormwater Master Plan and the necessary storm
drain and data mapping in G.I.S. format to be used in the City's automated mapping system as
required to comply with the N.P.D.E.S. permit requirements; and
WHEREAS, City requires the consultant services for the preparation of the Stormwater
Master Plan and all other services described in the attached Table 6-1 from the scope of work
for the Final Phase 2 Workplan for the Stormwater Master Plan and Automated
Mapping Services; and
WHEREAS, Consultant represents that itis qualified to perform such services, that it
has carefully examined the scope of work and the attached scope of work, and that it is willing
to perform the services hereinafter defined.
NOW, THEREFORE, for mutual consideration as provided herein, it is agreed by and
between City and Consultant as follows:
A. Consultant shall provide the services described in the attached Table 6-1 from the
Final Phase 2 Workplan for the Stormwater Master Plan and Automated Mapping
Services, which is attached to this Agreement and incorporated herein by this reference.
B. City will compensate Consultant for services in accordance with the Terms and
Conditions contained herein and in accordance with the Specifications for the Stormwater
Master Plan described in the attached Table 6-1 from the Final Phase 2 Workplan for the
Stormwater Master Plan and Automated Mapping Services, which is attached to this
Agreement and incorporated herein by this reference.
C. This Agreement is subject to the following Terms and Conditions:
Page 1 of 7
TERMS AND CONDITIONS
1. ENTIRE AGREEMENT: This Agreement supersedes any and all agreements either
oral or written, between the parties hereto with respect to the services by the Consultant for
the City and contains all of the covenants and agreements between the parties with respect to
the rendering of such services in any manner whatsoever. Each party to this Agreement
acknowledges that no representations, inducements, promises, or agreements, either orally or
otherwise, have been made by any party or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement, statement, or promise not contained in this
Agreement shall be valid or binding. Any modification of this Agreement will be effective only
if it is in writing and signed by the party to be charged.
2. ASSIGNMENT AGREEMENT: This Agreement is personal to Consultant, and
shall not be assigned by either Consultant or City without the prior written consent of the other.
3. INDEPENDENT Consultant: It is understood and agreed that the Consultant is,
and at all times shall be, an independent Consultant and nothing contained herein shall be
construed as making the Consultant, or any individual whose compensation for services is paid
by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or
assume any obligation or liability for or on behalf of the City.
4. CONFLICT OF INTEREST: Consultant represents, warrants, and agrees that
she/he does not presently have, nor will she/he acquire during the term of this Agreement, any
interest, direct or indirect, by contract, employment, or otherwise, or as apartner, joint venture,
or shareholder (other than as a shareholder one percent or less interest in publicly -traded
companies) or affiliated with any business entity, or individual that has entered into any
contract, subcontract, or arrangement with the City.
5, PROVISIONS SEVERABLE: City's waiver of any term, condition, or covenant, or
breach of any term, condition, or covenant, shall not constitute the waiver of any other term,
condition, or covenant, or breach of any other term, condition, or covenant. If any term,
condition, or covenant of this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and
binding on Consultant and City.
6. GOVERNING LAW: This Agreement shall be governed and professional services
shall be performed in compliance with the law of the State of California and applicable
governmental regulations, building codes, and ordinances in effect. at the date of this Agreement.
7, OWNERSHIP OF DOCUMENT: Photos, drawings, logs, calculations,
specifications, printouts, and other documents, whether in hard copy or machine readable form,
are and shall remain the property of the City. City shall be permitted to retain reproducible
copies of all such documents and following completion of the Project, the original of all such
documents shall be provided to City for any use deemed appropriate by the City. City releases
Consultant and agrees to defend, indemnify, and hold Consultant, its partners, employees, and
consultants harmless of, from, and against claims, loss, cost damage or expense of any nature,
including attorneys' fee, arising of, based upon, or relating to use of documents for purposes
other than for design and/or construction of the Project(s) named in this Agreement.
Page 2 of 7
8. ARBITRATION: Controversies or claims arising out of or relating to this
Agreement; or the breach thereof, shall be finally settled by arbitration conducted in Los
Angeles, California in accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association with consent given to the full use of discovery proceedings
provided for use in civil actions in the California Code of Civil Procedure. No demand for
arbitration shall be made after institution of legal or equitable proceedings would be barred by
the applicable statute of limitations. The arbitrator(s) shall not vary, modify, or alter the terms
and provisions of this Agreement. Judgment upon the award rendered by the arbitrator(s) may
be entered in any court having jurisdiction thereof.
9. INDEMNIFICATION: Consultant agrees to protect, indemnify, defend and save
City and its agents and employees harmless from any and all liability, claims, damages or
injuries to any person, including injury to Consultant's employees, and all claims which arise
from or are connected with the negligent performance of or failure to perform the work or other
obligations of this Agreement, or are caused or claim to be caused by the negligent acts or
omissions of Consultant, its agents or employees, and all expenses of investigating and
defending against same; providing, however, that this indemnification and hold harmless shall
not include any claim arising from the negligent or willful misconduct of the City, its agents or
employees. This indemnification and hold harmless shall remain in effect and survive the
temporary suspension or completion of the project contemplated under this Agreement.
10. EQUAL OPPORTUNITY: Consultant agrees that it will not discriminate against
any employee or applicant for employment because of race, color, religion, sex, national origin,
ancestry, marital status, or handicap. Consultant agrees to take affirmative action to assure
that applicants are employed or retained, and that employees are treated without regard to
their race, color, religion, sex, national origin, ancestry, marital status, or handicap. Such action
shall include, but not be limited to, recruitment or recruitment advertising, layoff or
termination, rates of pay or other reform of compensation, and selection for training.
11. WARRANTY: Consultant shall perform services in accordance with generally
accepted principals and practices and in accordance with OSHA safety standards. Consultant
shall use that degree of care and skill ordinarily exercised under similar circumstances by
members of its profession.
a. General Liability and Property Damage Insurance. During the entire term of
this Agreement, Consultant agrees to procure and maintain general liability
and property damage insurance at its sole expense to protect against loss from
liability imposed by law for damages on account of bodily injury, including
death therefrom, suffered or alleged to be suffered by any person or persons
whomsoever, resulting directly from any act or activities of Consultant, its
subConsultants or any person acting for Consultant or under its control or
direction, and also to protect against loss from liability imposed by law for
damages to any property of any person caused directly or indirectly by or from
acts or activities Consultant, or its subConsultants, or any person acting under
its control or direction. Such public liability and property damage insurance
shall also provide for and protect City against incurring any legal cost in
Page 3 of 7
defending claims for alleged loss. Such general liability and property damage
insurance shall be maintained in full force and effect throughout the term of
the Agreement and any extension thereof in the following minimum limits: A
combined single limit policy with coverage limits in the amount of $1,000,000
per occurrence will be considered equivalent to the required minimum limits.
All of such insurance shall be primary insurance and shall name City of Santa
Clarita as an additional insured. If the operation under this Agreement
results in an increased or decreased risk in the opinion of the City Manager,
then Consultant agrees that the minimum limits herein above designated shall
be changed accordingly upon request by the City Manager.
Consultant agrees that provisions of this paragraph as to maintenance of
insurance shall not be construed as limiting in any way the extent to which
Consultant maybe held responsible for the payment of damages to persons or
property resulting from Consultant's activities, the activities of its
subConsultants, or the activities of any person or persons for which Consultant
is otherwise responsible.
Worker's Compensation Insurance. Consultant shall procure and maintain,
at its sole expense, Worker's Compensation Insurance in such amount as will
fully comply with the laws of the State of California and which shall
indemnify, insure, and provide legal defense for both Consultant and City
against any loss, claim, or damage arising from any injuries or occupational
diseases happening to any worker employed by Consultant in the course of
carrying out the within Agreement.
c. Automotive Insurance. Consultant shall procure and maintain, at its sole
expense, throughout the term of this Agreement any extension thereof public
liability and property damage insurance coverage for automotive equipment
with coverage limits of not less $500,000 combined single limit. All such
insurance shall be primary insurance and shall name City of Santa Clarita as
an additional insured. If Consultant does not own automobiles, Consultant
shall provide a waiver releasing City from all liability resulting from
Consultant's use of personal vehicles on Project.
d. Professional Liability Insurance. Consultant shall maintain professional
liability insurance which provides coverage for negligent professional acts,
errors, or omission for which Consultant is legally liable, in the amount of
$1,000,000 per claim and in aggregate which arise from the performance of
professional services by Consultant under this Agreement. The policy shall
provide for coverage of claims occurring during the term of the policy.
e. Miscellaneous Insurance Requirement: A Certificate of Insurance, or an
appropriate insurance binder, evidencing the above insurance coverage with
a company acceptable to the City's Risk Management Officer shall be
submitted to City prior to execution of this Agreement on behalf of the City.
Page 4 of 7
The terms of the insurance policy or policies issued to provide the above
insurance coverage shall provide that said insurance may not be amended or
canceled by the carrier, for non-payment of premiums otherwise, without 30
days prior written notice of amendment or cancellation to City. In the event
the said insurance is canceled, Consultant shall, prior to the cancellation date,
submit new evidence of insurance in the amounts heretofore established.
If Consultant at any time during the term of this Agreement should fail to
secure or maintain any insurance required under this Agreement, City shall
be permitted to obtain such insurance in Consultant's name and shall be
compensated by Consultant for the cost of the insurance premiums upon
receipt of Consultant of written notice that the premiums have been paid.
The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under the policy if not named as an
additional insured, and an additional insured shall not be held liable for any
premium or expense of any nature on the policy or any extension thereof solely
because they are as additional insured thereon.
13. SCHEDULING OF WORK AND COLLATERAL WORK: City will endeavor to
provide 18 -hours advance notice prior to the time when work will be required to support the
project. There shall be no limit on the number of visits to the project site; however, City will
endeavor to schedule work in eight-hour increments in order to reduce unnecessary travel time.
Upon notice to proceed with an activity, Consultant shall diligently perform work in a timely,
workmanlike, and professional manner. Consultant's compensation shall include all costs
related to advance notice, coordination of result of work with others, and costs necessary to
minimize delays to other Consultants performing collateral work on the Project.
14. PROTECTION OF PROPERTY: Consultant shall take all reasonable precautions
to prevent damage to property, visible and concealed, and shall restore the site to the condition
existing prior to Consultant's entry insofar as is practicable.
15. COMPENSATION: City agrees to pay Consultant $399,133 for services performed
pursuant to this Agreement and the approved work in Table 6-1 of the Final Phase 2
Workplan for the Stormwater Master Plan and Automated Mapping Services.
Consultant shall maintain and submit to City itemized records substantiating services
performed including the dates, times, and description of work.
When Consultant is to be compensated on an hourly rate basis, payment will be
limited to work performed directly related to the work assignment, and shall be inclusive of all
direct and indirect charges. When Consultant is to be compensated on a unit price basis, the
quantities listed in the Agreement will not govern final payment; payment will be made only for
the actual quantities provided, and shall be inclusive of all direct and indirect charges. When
Consultant is to be compensated on a fixed price basis, such payment shall be full compensation
for the items of work and shall be inclusive of all direct and indirect charges.
Page 5 of 7
Direct and indirect charges include, but are not limited to, direct salaries plus the
cost for mandatory and customary benefits; premium payments for hours worked in excess of
the normal daily or weekly schedule; travel and subsistence expenses; travel time; mileage
expenses; communication costs including delivery charges, express mail and postage, telephone,
and FAX; expenses for reproduction, binding, and delivery of technical reports; insurance;
overhead; field office expenses; report preparation and submittal; and secretarial services.
Invoices shall be submitted monthly for work performed, and compensation for that
portion of the work which is undisputed will normally be made within 30 days upon receipt of
invoice. If payment for undisputed work is not received within 30 days upon receipt by City of
invoice, Consultant may suspend all work until payment is received, or terminate the
unperformed portion of this Agreement.
16. ATTORNEY FEES: If any action at law or in equity, including an action for
declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the
prevailing party will be entitled to reasonable attorney fees, which may be set by the court in
the same action or in a separate action for that purpose, in addition to any other relief to which
that party may be entitled.
17. TERMINATION: This Agreement may be terminated with or without cause by City
at any time. This Agreement may be terminated by Consultant only by providing City with
written notice no less than 30 days in the advance of such termination. In the event of
termination, Consultant will be compensated for services performed up to the point of
termination. Compensation of work in progress will be prorated as to the percentage or
progress completed at the date of termination.
18. RIGHT OF ENTRY: City grants to Consultant, and, if the project site isnot owned
by the City, warrants that permission has been granted for, a right of entry from time to time
by Consultant, its employees, agents, and subConsultants, upon the project site for the purpose
of providing the Services. Client recognizes that the use of investigative equipment and
practices may unavoidably alter the existing site conditions and affect the environment in the
area being studied.
19. SCOPE OF WORK: The scope of work will include only the sections of Table 6-1
shown as being approved on the attached copy of Table 6-1.
In recognition of the obligation stated in this Agreement, the parties have executed this
Agreement on the date indicated above.
ATTEST: CITY OF SANTA CLARITA
City Clerk
Page 6 of 7
City Manager
Approved as to Form`
City Attorney
Woodward -Clyde Consultants
2020 East First Street, Suite 400
Santa Ana, California 92705
Phone: (714)835-6886
FAX: (714)667-7147
By:
E. Steven Pearson, Vice President
Print Name and Title
NED:lkl
npdta\.wa.a.p
Page 7 of 7
TABLE 6-1
Budget - City of Santa Clarita Phase 2 Work Plan
TASK COST
Section 2.0 Stormwater Management Plan
Master Plan Staffing & Resource Needs $4,889
Total Section 2.0 $4,889
Section 3.0 Stormwater Monitoring Plan
Total Section 3.0 $0
Section 4.0 Hydrology/Hydraulics Modeling
1.1
Existing Flood Control Facilities
$8,854
1.2
Topographic information
$2,713
1.3
Hydrologic Land Use Designations
$4,480
1.4
Hydrologic Soil Grouping Data
$1,003
1.5
Field Verification
$4,871
2.1
Analysis Criteria
$4,131
2.2
Watershed Boundary
$20,456
2.3
Network Development
$16,868
2.4
Computer Model Data Base Development
$18,662
2.5
Hydrology Model Runs
$15,762
2.6
Runoff Volume Estimation
$8,830
2.7
Storm Drain Deficiency
$13,830
Total Section 4.0
$120,460
Section 5.0 Automated Mapping Tasks
1. Database Design
$43,602
2. Topo/Planimetry Coverages
$28,858
3. Cadastral Coverage
$33,504
4. Hardware/Software Design
$42,825
5. ArcCad Training
$17,705
6. SMP Model Coverages
$74,842
10. Arcview Interface
$27,448
Contingency
$5,000
Total Section 5.0
$273,784
Total Sections 2.0 - 5.0 $399,133
OPTIONAL - Section 5.0
9d. Parcels With Addresses $93,542
9e. Parcels With Assessor's Information $23,392
Total Optional $116,934
TOTAL Sections 2.0 - 5.0 with optional $516,067
s:\cd\npdes\table6-1.xls Page 1 11/13/95 1:06 PM
r--<
ISSUE DATE (MM/DD1YY)
Ecs
1
(;1-(51.._95
PRODUCER -
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH & MCL_ENNAN INCORPORATED
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1166 AVENUE OF 'THE AMERICAS
NEW YORIt:. NY 10C.):36
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER RFI NAL INDEMNITY COMPANY
COMPANY
INSURED
LETTER
COMPANY
C
WOODWARD—CLYDE CONSULTANTS
4582 S. ULSTER ST. PARKWAY
LETTER
COMPANY p
SUITE 600
DENVER, CO 80237
LETTER
COMPANY' E
LETTER
•
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
f
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI.
TIONS OF SUCH POLICIES.
i
CO
POLICY EFFECTIVE
POLICYMMID IDN'
LIABILITY LIMITS IN THOUSANDS
t
LTR
rypE OF INSURANCE
POLICY NUMBER
GATE (MM10oN1')
DATE (MMlODIVVI
AGGREGATE
I
.00CURRENCE
GENERAL
LIABILITY
BODILY
A
X
COMPREHENSIVE FORM
NGFi1496114
( )1—{11.-- C �4S
01-01-96
INJURY
$
$
PROPERTY
X
PREMISES/OPERATIONS
CONfRAC.FUAL L.'IAB.
X
ENERGROUN
XPLOSION BD COLLAPSE HAZARD
INCLUDED AS.
GAMAGE
$
$
'
PRODUCTSICOMPLETED OPERATIONS
RESPECTS THOSE
y.
CONTRACTUALCOMR
ACTS COVERED BY
NEG
$ I.CQn
$
X
INDEPENDENT CONTRACTORS.
GENERAL LIAB. INS.
BROAD FORM PROPERTY DAMAGE
•
PERSONAL INJURY
PERSONAL INJURY
$
ljQQ,QQ0) SIR
AUTOMOBILE
LIABILITY
BODILY
Pi
X
AUTO
NI::Atr1t?162,4�—.
t11 -C11 -9S
01—r)1-96
RY
INJANY
(PER PPERSONI
$
BODY
ALL OWNED AUTOS (PRIV- PASS]
)
ALL OWNED AUTOS THAN)
INJURY
(PER acDIDEVTi
$
PRIV. PASS.
PROPERTY
HIRED AUTOS
NONOWNEDAUTOS
DAMAGE.
$
!-
GARAGE LIABILITY
Bi 8 PG
coMeweD
$
EXCESS LIABILITY
A
X UMBRELLA FORM
NUA125.3668 EXCESS
01-01—.9,5
(71-01-96
COMBINED
$. 1000
$
OTHER THAN UMBRELLA FORM
CEN. & AUTO LIAB.
NWA01016^.3—'
01-01-95
01-01-96
STATUTORY
A
WORKERS' COMPENSATION
$ 1O()(7(EACH ACCIDENT)
AND
$ )( ('1(DISEASE-POLICY LIMIT)
EMPLOYERS' LIABILITY
$"") (DISEASE -EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
• 11• • • -
X•
SPEC I MF_N COPY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
SPECIMEN
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
5995 MAIL JO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE