Item 21 - Award of Contract to Mikhail Ogawa Engineering
AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L Bowersox, City Mana~
INITIATED BY: Jim Howell, Director of Public W
DATE: June 21, 2005
SUBJECT: Award of Contract to Mikhail Ogawa Engineering for Watershed Management
Services, and Approval of the Los Peiiasquitos Watershed Reimbursement
Agreement.
ABSTRACT
The City of Poway is the lead copermittee for the Los Peiiasquitos Watershed, which includes the
Cities of San Diego, Del Mar, and the County of San Diego. The copermittees determined a
consultant is necessary to assist the jurisdictions in the management of the Los Peiiasquitos
Watershed oer the reauirements of the San Dieao Reaional Water Qualitv Control Board.
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review
FISCAL IMPACT
Sufficient funds are available in 412-4120 to implement this contract. Under the reimbursement
agreement, the City will receive $8,460 from participating copermittees.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been provided to Mikhail Ogawa Engineering, the County of San Diego,
the City of San Diego, and the City of Del Mar.
RECOMMENDATION
It is recommended that the City Council:
1. Award the contract for watershed management services to Mikhail Ogawa Engineering in
the amount of $11 ,940;
2. Approve the Los Peiiasquitos Watershed Reimbursement Agreement; and
3. Authorize the City Manaaer to execute the necessarv documents.
ACTION
N: \city\share\agenda-sum .doc 7/1/03
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CITY OF POWAY
AGENDA REPORT
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of
the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulled for
discussion, please fill out a slip indicating the report number and give it to the City Clen< prior to the beginning of the City Council meeting.
TO: Hoom.bI, M,yoc ,"d Mornbe",~ C"' Co,",11
FROM: James L. Bowersox, City Mana .
INITIATED BY: Jim H~". D1cectm of P,.Il, WO*
Dan Cannon, Operations Manag~ .
Robin Miller, Management Analy ::\
Katie Freeman, Management Intern~
DATE: June 21, 2005
SUBJECT: Award of Contract to Mikhail Ogawa Engineering for Watershed
Management Services, and Aproval of the Los Penasquitos
Watershed Reimbursment Agreement
BACKGROUND
San Diego County Regional Water Quality Control Board Order No. 2001-01 required the
County of San Diego to develop and sustain copermittees made up of the 18 municipalities
as well as the County, the Airport Authority and Port Authority, in order to maintain each of
the nine watershed management areas in the region. The City of San Diego volunteered to
be the lead copermittee for six of these watersheds, including the Los Penasquitos, San
Dieguito and San Diego River Watersheds. Poway falls within the Los Penasquitos and
San Dieguito Watersheds. On January 10, 2005, San Diego City Stormwater Program staff
announced to the watershed copermittees in these three watersheds that it was unable to
fulfill its obligations as the lead copermittee, The City of Escondido agreed to assume lead
status forthe San Dieguito Watershed, and the City of Poway assumed the lead for the Los
Penasquitos Watershed. The copermittees from the San Dieguito and Los Penasquitos
Watersheds, which include the Cities of Del Mar, Escondido, Poway, San Diego, Solana
Beach and the County of San Diego, agreed to combine into a single committee to jointly
manage the two watershed areas.
The Committee determined a consultant is needed to assist the cities of Poway and
Escondido to manage the watershed areas. The Committee solicited proposals and
interviewed three consulting firms, all of which were knowledgeable in watershed
management.
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It was decided Poway and Escondido will enter into separate contracts with the selected
consultant to manage their respective watershed areas. The Committee also developed a
reimbursement agreement acceptable by all agencies whereby each jurisdiction will
contribute an equal share of the total cost per watershed they fall within. The City of Del
Mar will contribute a lesser amount due to its small size in proportion to entire Los
Pel'iasquitos watershed area.
FINDINGS
The committee reached a consensus to utilize the services of Mikhail Ogawa Engineering
(MOE) based on the firm's experience and expertise. MOE was determined to be the most
qualified to offer technical and administrative assistance for the Los Pel'iasquitos and San
Dieguito Watershed Urban Runoff Management Programs (WURMP). The consultant is
most suited to providing the necessary services to achieve the program goals in a timely
and cost effective manner, without burdening copermittee staff and management.
The consultant will be responsible for the following activities for each watershed:
. Develop pollutant-focused solutions and activities based on the available data
along with a list of water quality activities.
. Generate a watershed-based education program outline.
. Prepare Effectiveness Assessment section of both WURMPAnnual Reports.
. Develop methods to improve water quality in both watersheds.
. Assess water quality in both watersheds.
. Review existing water quality data; identify and review additional data, including
jurisdictions' dry weather data.
. Coordinate activities between San Dieguito and Los Pel'iasquitos watersheds
while maintaining activities and problem identification exclusive to each
watershed.
. Provide as-needed support on development of annual WURMP report. This task
includes editing report sections for consistency within the document and between
other watershed documents as necessary.
. Coordinate and prepare the WURMPs for both watersheds. This task also
includes coordinating the copying and delivery of the WURMP document.
The Los Pel'iasquitos Watershed Copermittees agree to share the management costs.
The cost breakdown is as follows: the Cities of Poway and San Diego and the County of
San Diego will submit payment in the amount of $3,480, and the City of Del Mar will submit
payment in the amount of $1,500.
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
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Award of Watershed Management Services Contract
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June 21,2005
FISCAL IMPACT
Sufficient funds are available in 412-4120 to implement this contract. Under the
reimbursement agreement, the City will receive $8,460 from participating
copermittees.
PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been provided to Mikhail Ogawa Engineering, the County
of San Diego, the City of San Diego, and the City of Del Mar.
RECOMMENDATION
It is recommended that the City Council:
1. Award the Contract to Mikhail Ogawa Engineering in the amount of $11 ,940;
2. Approve the Los Peiiasquitos Watershed Reimbursement Agreement; and
3. Authorize the City Manager to execute the necessary documents.
Attachments(2) :
1. Los Peiiasquitos Watershed Reimbursement Agreement
2. Standard Agreement for Consultant Services
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Agreement to Share Cost of Penasquitos WURMP
Program Management - 2005
Whereas, Copermittees within the Los Penasquitos Watershed are required to cooperate
in the development and implementation of a Watershed Urban Runoff Management
Program (WURMP) pursuant to California Regional Water Quality Control Board, San
Diego Region, Order 2001-01 (NPDES Permit No. CAS0108758), Section J; and
Whereas, the Los Penasquitos Watershed Copermittees include; City of Poway, City of
Del Mar, City of San Diego and County of San Diego; and
Whereas, the City of Poway, the lead for the Los Penasquitos Watershed, entered into a
contract for management services for the Penasquitos Watershed as identified in Order
No. 2001-01; and
Whereas, the Los Penasquitos Watershed Copermittees have agreed to share the costs
of management of the WURMP in accordance with the Scope of Work and Budget
attached.
Now, therefore, the Penasquitos Watershed Copermittees agree to share the
management costs, and submit payment to the City of Poway. The cost breakdown is as
follows, the Cities of Poway and San Diego and the County of San Diego will submit
payment in the amount of three thousand four hundred and eighty dollars ($3,480), and the
City of Del Mar will submit payment in the amount of one thousand five hundred dollars
($1,500) within (60) sixty days of the date of execution of this Agreement.
The Los Penasquitos Watershed Copermittees further agree to share any other future
costs required and agreed upon by Watershed Copermittees, using the above formula
portions.
Employees and consultants of each Copermittee are not to be considered employees or
consultants of any other Copermittee for any purpose whatsoever in the performance of
this Agreement.
This contract will terminate on July 31, 2006 unless otherwise mutually agreed upon in
writing.
James L. Bowersox, City Manager Lauraine Brekke-Esparza, City Manager
City of Poway City of Del Mar
Scott Tulloch, City Manager Robert R. Cooper, DCAO
City of San Diego County of San Diego
5 of 14 Attachment 1 June 21, 2005, Item # ~\
STANDARD AGREEMENT FOR CONSULTANT SERVICES
This Agreement, entered into this 21st day of June 2005, by and between the
CITY OF POWAY (hereinafter referred to as "City") and MIKHAil OGAWA
ENGINEERING (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform
Watershed Management Services; and
WHEREAS, Consultant is an engineering firm specializing in Water Management
and has represented that Consultant possesses the necessary qualifications to provide
such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the
services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUAllY AGREED THAT CITY DOES HEREBY
RETAIN CONSULTANT ON THE FOllOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A"
entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Aareement.
The term of this Agreement shall be as described on Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon aD-day written notice to
Consultant. During said aD-day period Consultant shall perform all consulting services
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June 21,2005
in accordance with this Agreement. This Agreement may be terminated by City for
cause in the event of a material breach of this Agreement, misrepresentation by
Consultant in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by City. Termination for cause
shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information
to enable Consultant to effectively perform the services. Consultant shall treat all such
information as confidential, whether or not so identified, and shall not disclose any part
thereof without the prior written consent of the City. Consultant shall limit the use and
circulation of such information, even within its own organization, to the extent necessary
to perform the services. The foregoing obligation of this Paragraph 5, however, shall
not apply to any part of the information that (i) has been disclosed in publicly available
sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in
publicly available sources of information; (iii) is now in the possession of Consultant
without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure
thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions
or other results of the services or the existence of the subject matter of this contract
without the prior written consent of the City. In its performance hereunder, Consultant
shall comply with all legal obligations it may now or hereafter have respecting the
information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its
sole cost and expense.
7. Covenant Aaainst Continaent Fees.
Consultant declares that it has not employed or retained any company or
person, other than a bona fide employee working for Consultant, to solicit or secure this
Agreement, that it has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement
without liability, or, at its sole discretion, to deduct from the Agreement price or
consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
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8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City
and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obliaations.
During the term of this Agreement Consultant shall not act as consultant
or perform services of any kind for any person or entity whose interests conflict in any
way with those of the City of Poway. Consultant shall at all times comply with the terms
of the Political Reform Act and the local conflict of interest ordinance. Consultant shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the City in which the Consultant has a financial interest as
defined in Government Code Section 87103. Consultant represents that it has no
knowledge of any financial interests which would require it to disqualify itself from any
matter on which it might perform services for the City.
Consultant shall comply with all of the reporting requirements of the
Political Reform Act and local ordinance. Specifically, Consultant shall file Statements
of Economic Interest with the City Clerk of the City of Poway in a timely manner on
forms which Consultant shall obtain from the City Clerk.
10. No Assianments.
Neither any part nor all of this Agreement may be assigned or
subcontracted, except as otherwise specifically provided herein, or to which City, in its
sole discretion, consents to in advance thereof in writing. Any assignment or
subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall
make such materials available at its office at all reasonable times during the contract
period and for three (3) years from the date of final payment under this Agreement, for
inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of the City of Poway or City. City
shall have the right to control Consultant only insofar as the results of Consultant's
services rendered pursuant to this Agreement; however, City shall not have the right to
control the means by which Consultant accomplishes such services.
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13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its
profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect at all times during the term of this Agreement, any
license, permit, or approval which is legally required for Consultant to practice its
profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
15. Liabilitv.
Notwithstanding any other provision contained in this Agreement,
Consultant shall be responsible for all injuries to persons and for all damage to real or
personal property of City or others, caused by or resulting from the wrongful act or
negligent acts, errors, or omissions of itself, its employees, or its agents during the
progress of, or in connection with, the rendition of services hereunder. Consultant shall
hold harmless and indemnify City, and all officers and employees of City and City from
all costs and claims for damages to real or personal property, or personal injury to any
third party, including reasonable attorney fees resulting from the negligent performance
of Consultant, its employees, or its agents, under this Agreement.
16. Consultant Not an Aaent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to
bind City to any obligation whatsoever.
17. Personnel.
Consultant shall assign qualified and certified personnel to perform
requested services. The City shall have the right to review and disapprove personnel
for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and
alcohol policies then in effect.
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18. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
19. Arbitration.
In the event of a dispute between City and Consultant concerning the
terms of this Agreement or its performance, the parties agree to submit such dispute to
arbitration before the American Arbitration Association or other mutually acceptable
arbitrator. In the event that the subject of such arbitration is compensation claimed by
Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 50-day period for which Consultant would have been entitled to
receive compensation if terminated without cause. In the event of arbitration, each
party shall bear its own attorneys' fees and costs incurred.
20. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant"
shall mean the individual or corporate consultant and any and all employees of
consultant providing services hereunder.
21. Entire Aareement.
This Agreement shall constitute the enti re understanding between
Consultant and City relating to the terms and conditions of the services to be performed
by Consultant.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
on the date first above written.
Dated: City of Poway
By:
Its:
Dated:
10 of 14 June 21, 2005, Item # :1\
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"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City.
Consultant shall provide the necessary qualified personnel to perform the services. In
performance of the services Consultant shall:
1. Develop pollutant-focused solutions and activities based on the available data
along with a list of water quality activities.
2. Generate a watershed-based education program outline.
3. Prepare Effectiveness Assessment section of both WURMPAnnual Reports.
4. Develop methods to improve water quality in both watersheds.
5. Asses water quality in both watersheds.
6. Review existing water quality data; identify and review additional data, including
jurisdictions' dry weather data.
7. Coordinate activities between San Dieguito and Los Periasquitos watersheds
while maintaining activities and problem identification exclusive to each
watershed.
8. Provide as-needed support on development of annual WURMP report. This task
includes editing report sections for consistency within the document and between
other watershed documents as necessary.
9. Coordinate and prepare the WURMPs for both watersheds. This task also
includes coordinating the copying and delivery of the WURMP document.
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B. Comoensation and Reimbursement.
City shall pay Consultant a fee as follows: Eleven thousand, nine hundred
and forty dollars ($11,940). Consultant's fee shall include and Consultant shall be
responsible for the payment of all federal, state, and local taxes of any kind which are
attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all
reasonable expenses, including lodging, telephone, and travel (air, auto, rail)
necessarily incurred in performance of the services. Consultant shall bill City for such
expenses as incurred, referencing this Agreement. All expenses shall be itemized and
supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00).
Statements for reimbursement of expenses shall be paid within ten (10) days of
approval by City. All air travel shall be billed at coach or special fare rates. Only
lodging outside San Diego County shall be reimbursable. Consultant shall receive prior
authorization for air travel and lodging expenses. All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time
incurred.
C. Term of Aareement.
This Agreement shall be effective from the period commencing June 21St,
2005 and ending June 21St, 2006, unless sooner terminated by City as provided in the
section of this Agreement entitled "Termination." Upon expiration or termination of this
Agreement, Consultant shall return to City any and all equipment, documents or
materials and all copies made thereof which Consultant received from City or produced
for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coveraaes:
Consultant shall obtain and maintain during the life of this
Agreement all of the following insurance coverages:
(a). Comprehensive General Liabilitv, including premises-
operations, products/completed, broad form property damage, and blanket
contractual liability with the following coverages:
General Liability...................................................$ 500,000 per person per
occurrence/
............$1 ,000,000 aggregate per
occurrence
....$500,000 property damage per
occurrence
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(b) Automobile Liabilitv, including owned, hired, and non-owned
vehicles with the following insurance coverages:
Auto Liability .....................................$ 500,000 per person per occurrencel
......................................................... $1 ,000,000 aggregate per occurrence
.................................................. $1 00,000 property damage per occurrence
(c) Consultant shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Liabilitv Insurance with
policy limits of not less than $1,000,000.00 combined single limits, per claim and
annual aggregate.
(d) Workers' Compensation insurance in statutory amount. All
of the endorsements that are required above shall be obtained for the policy of
Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the
following three provisions:
(a) Additional Insured. (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers,
agents, and employees are additional insureds with respect to this subject project and
contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty
(30) days after written notice is given to City."
(c) Primary CoveraQe.
"The policy provides primary coverage to City and its elected and
appointed boards, officers, agents, and employees. It is not secondary or in any way
subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the
insurance coverages described in the paragraphs above, in a form and content
approved by City, prior to beginning work under this Agreement.
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E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to
the following addresses:
To Engineering Services: City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92074
To Consultant: Mikhail Ogawa Engineering
3525 Del Mar Heights Road #429
San Diego, CA 92130
14 of 14 June 21, 2005, Item # ~I
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