Lynn Merrill & Associates, Inc. Professional Services Agreement-2018-25 2018-15
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made as of this 2511 day of dune, 2018 by and
between the CITY OF GRAND TERRACE ("City")and Lynn Merrill and Associates,Inc.
("Consultant").
1. CONSULTANT'S SERVICES.Consutant agrees to perform duringthe terra of this
Agreement, the tasks,obligations,and services set forth inthe"Scope of Services"
attached to and incorporated into this Agreement as Exhibit A (the "Services").
2 TERM OF AGREEMENT. This Agreement shall be effective on the date above and
the Agreement shall remain in effect for two years, with the option to extend the
contract twice by one (1) year each, unless otherwise terminated pursuant to the
provisions herein.
a FAMILIARITY WITH WORK. By execution of this Agreement, Consultant
warrants that
(1) 1 has thoroughly investigated and considered the work to be
performed, based on all available information.
(2) 1 carefully considered how the work should be performed,and
(3) 1 fully understands the difficulties and restrictions attending the
performance of the work under this Agreement.
(4) 1 has the professional and technical competency to perform the work
and the production capacity to complete the work in a timely manner
with respect to the schedule included ii the scope of services.
4. PAYMENT FOR SERVICES. Compensation/Payment. Consultant shall
perform the services under this Agreement for the total sum not to exceed
$10,000 (TEN THOUSAND DOLLARS) annually as set forth in Exhibit"B" and
the Cost Proposal included in Exhibit "A," unless the CITY has given specific
advance approval in writing. Work performed will be billed at a rate that is
consistent with the costs listed for services in the City of Big Bear Lake
Agreement approved by the City of Grand Terrace through a "piggyback
purchase" and the proposal submitted by the Consultant. Payment shall be
made in accordance with City's usual accounting procedures upon receipt and
approval of an itemized invoice setting forth the services performed.
5. TIME FOR PERFORMANCE. Consultant shall not perform any work under this
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Agreement until(a)Consultant furnishes proof of insurance as required under
Paragraph"N'of this Agreement.All services required by Consultant wider this
Agreement shall be completed on or before June 30,2020.
Ei DESIGNATED REPRESENTATIVE.Consultant hereby designates Lvnn Merrill
as the Consultant Representative,and said Representative shall be responsible for
job performance, negotiations, contractual matters, and coordination with the
City. Consultant's professional services shall be actually performed by,or
shall be immediately supervised by, the Consultant Representative.
7. HOLD HARMLESS;INDEMNIFICATION.Consultant hereby agrees to protect, indemnify
and hold City and is employees, officers and servants free and harmless from any and all
losses, claims,liens,demands and causes of action of every kind and character including,
but not limited to,the amounts ofjudgment, interests,court costs, legal fees and other
expenses incurred by the City arising in favor of any party, including claims, liens, debts,
personal injuries, including employees of the City,death or damages to property(including
property of the City) and without limitation by enumeration, all other claims or demands of
every character occurring or arising directly out of the negligent acts,recklessness or
willful misconduct of Consultant in the performance of its services under this Agreement.
This provision is not intended to create any cause of action in favor of any third party
against Consultant, or the City or to enlarge in any way the Consultant's liability but is
intended solely to provide for indemnification of the City for liability for damages or
injuries to third persons or property arising from Consultant's negligent performance
hereunder.
& INSURANCE. Consultant shall procure and maintain at all times during the term of this
Agreement insurance as set forth in Exhibit "C" attached hereto. Proof of insurance shall
consist of a Certificate of Insurance provided on IOS-CGL form No.CG 0001 II 85 or 88
executed by Consultant's insurer and in a form approved by,the City's City Attorney and
City's Legal Counsel.
9. LICENSES,PERMITS.AND FEES.Consultant shall obtain a City of Grand Terrace
Business License and any and all other permits and licenses required for the services to be
performed under this Agreement.
1R INDEPENDENT CONTRACTOR STATUS. City and Consultant agree that Consultant, in
performing the Services herein specified, shall act as an independent Contractor and shall
have control of all work and the nnanner in which it is performed. Consultant shall be free to
contract for similar services to be performed for other entities while under contract with City.
Consultant is not an agent or employee of City, and is not entitled to participate in any pension
plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be
responsible to pay and hold City harmless frorn any and all payroll and other taxes and
interest thereon and penalties,therefore,which may become due as a result of services
performed hereunder.
11. ASSIGNMENT.This Agreement isfor the specific services with Consultant as set forth
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i
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herein.Any attempt by Consultant to assign the benefits or burdens of this Agreement
without written approval of City is prohibited and shall be null and void;except that
Consultant may assign payments due under this Agreement to a financial institution.
12 STANDARD. Consultant agrees that the services to be rendered pursuant to this Agreement
shall be performed inaccordance with the standards customarily provided by an experienced
and competent professional organization rendering the same or similar services. Consultant
shall re-perform any of said services, which are not in conformity with standards as
determined by the City.
13 CONFIDENTIALITY.Consultant covenants that all data, documents, discussion, or
other information developed or received by Consultant or provided for performance of
this Agreement are deemed confidential and shall not be disclosed by Consultant without
written authorization by City. City shall grant such authorization if disclosure is required
by law. All City data sliall be returned to City upon the termination of this Agreement.
Consultant's covenant under this Section shall survive the termination of this Agreement.
14 RECORDS AND INSPECTIONS. Consultant shall maintainfull and accurate records with
respect to all services and matters covered under this Agreement. City shall have free access at
all reasonable times to such records,and the right to examine and audit the same and to make
transcripts therefrom,and to inspect all program data,documents,proceedings and activities.
Consultant shall maintain an up-to-date list of key personnel and telephone numbers for
emergency contact after normal business hours.
1S OWNERSHIP OF CONSULTANT'S WORK PRODUCT. All reports, documents, all
analysis, computations, plans, correspondence,data, information, computer media,
including disks or other written material developed and/or gathered by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or lanitation upon its use or dissemination by City. Such Material shall not be
the subject of a copyright application by Consultant. Any re-use by City of any such
materials on any project other than the project for which they were prepared shall be at the
sole risk of City unless City compensate Consultant for such use.Such work product shall be
transmitted to City within ten(10)days after a written request therefore.
Consultant may retain copies of such products.
16. NOTICES.All notices given or required to be given pursuant to this Agreement shall be in
writing and may be given by personal delivery or by mail.Notice sent by mail shall be
addressed as follows:
City: G.Harold Duffey,City Manager
City of Grand Terrace
22795 Barton Road Grand
Terrace, Ca 92313
Consultant: Lynn Merrill &Associates, Inc.
256 Cajon Street, Suite C
Redlands, CA 92373
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If the name of the principal representative designated to receive the notices, demands or
communications,or the address of such person, ischanged,written notice shall be given
within five (5)working days of said changes
17. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete
Request for Taxpayer Identification Number and Certification,Form W - 9,as issued by the
Internal Revenue Service.
la APPLICABLE LAWS,CODES AND REGULATIONS.Consultant shall perform all services
described in accordance with all applicable laws, codes and regulations required by all
authorities having jurisdiction over the Services. Consultant
agrees to comply with prevailing wage requirements as specified in the California Labor
Code, Sections 1770,et seq.
19. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work
similar to the Services provided hereunder.
20. BENEFITS. Consultant will not be eligible for any paid benefits for federal ,social security.
state workers'compensation,unemployment insurance, professional insurance,
medical/dental,retirement PERS orfringe benefits offered by the City of Grand Terrace.
21. PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent~or
subcontractor of Consultant providing services under this Agreement claims or is determined
by a court of competent jurisdiction or the California Public Employees Retirement System
("PERS") to be eligible for enrollment in PERS as an employee of the City,Consultant shall
indemnify,defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf ofConstdtant 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.
Notwithstanding any other agency,state or federal policy,rule,regulation, law or ordinance
to the contrary, Consultant and any of its employees,agents,and subcontractors providing
service under this Agreement shall not qualify for or become entitled to,and hereby agree to
waive any claims to,any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee
contributions for PERS benefits.
22- TRAVEL EXPENSES.Any reimbursement expenses must be pre-authorized and shall be
based upon the approved rates of the San Bernardino County Auditor-Controller.
23, CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of
interest shall be frilly disclosed prior to execution of contract and Consultant shall comply
with all applicable federal,state and county laws and regulations governing conflict of
interest.
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24. ECONOMIC INTEREST STATEMENT. Consultant hereby acknowledges that pursuant to
Government Code Section 87300 and the Conflict of Interest Code adopted by City hereunder,
Consultant is designated in said Conflict of interest Code and is therefore required to file an
Economic Interest Statement (Form 700) with the City Clerk,for each employee providing
advise under this Agreement, prior to the commencement of work.
25: POLITICAL ACTIVITY/LOBBYI NG CERTIFICATION.Consultant may not conductany
activity, including any payment to any person,officer,or employee of any governmental
agency or body or member of Congress in connection with
the awarding of any federal contract, grant, ban, intended to influence legislation,
administrative rulemaking or the election of candidates for public office during time
compensated under the representation that such activity is being performed as a part of this
Agreement.
2 i NON-DISCRIMINATION. In the performance of this Agreement, Consultant shal l not
discriminate against any employee,subcontractor, or applicant for employment because of
race,color,creed, religion,sex, marital status, national origin,ancestry, age physical or
mental handicap,medical condition,or sexual orientation.Consultant will take affirmative
action to ensure that subcontractors and applicants are employed, and that employees are
treated during employment,without regard to their race,color,creed, religion,sex, marital
status, national origin,ancestry, age, physical or mental handicap, medical condition,or
sexual orientation.
27. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City
and make them accessible for audit or examination for a period of three years after final
payments are issued and other pending matters.
2& MOD.IFICATION OF AGREEM ENT.This Agreement may not be modified, nor may any
of the terms,provisions or conditions be modified or waived or otherwise affected, except
by a written amendment signed by all parties.
29. WAIVER. Y at any time one party shall waive any term,provision or condition of this
Agreement, either before or after any breach thereof,no party shall thereafter be deemed to
have consented to any future failure of full performance hereunder.
30. COVENANTS AND CONDITIONS.Each term and each provision of this
Agreement to be performed by Consultant shall be construed to be both a covenant
and a condition.
31. RIGHT TO TERMINATE.City may terminate this Agreement at any time,with or without
cause, in is sale discretion,with thirty(30)days written notice.
32 EFFECT OF TERMINATION. Upon termination as stated it Paragraph 91"of this
Agreement,City shall be liable to Consultant only for work performed by Consultant up to
and including the date of termination of this Agreement, unless the termination is for cause, in
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which event Consultant need be compensated only to the extent required by law. Consultant
shall be entitled to payment for work satisfactorily completed to date, based on proration of
the monthly fees set forth in Exhibit"B" attached hereto. Such payment will be subject to
Cty's receipt of a close-out billing.
33. GOVERNING LAW.This Agreement shall be governed by and construed in accordance with
laws of the StateofCalifornia.hrthe eventof litigation between the parties,venue instatetrial
courts shall he exclusively in the County of San Bernardino.Inthe event of litigation inaU.S.
District Court,exclusive venue shall lie intheCentral District of California.
34. LITIGATION FEES. Should litigation arise out of this Agreement for the performance
thereof,the court shall award costs and expenses, including attorney's fees,to the prevailing
party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but
shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good
faith. "Prevailing Party"shall mean the party that obtains a favorable and final judgment or
order from a court of law described in paragraph "33."This paragraph shall not apply and
litigation fees shall not be awarded based on an order or otherwise final judgment that results
from the parties'mutual settlement, arbitration,or mediation of the dispute.
35 SEVERABILITY.If any provision of this agreement is held by a court of competent
jurisdiction to be invalid,void or unenforceable,the remaining provisions
nevertheless will continue in full force and effect without being impaired or
invalidated in any way.
M FORCE MAJEURE.The respective duties and obligations of the parties hereunder shall be
suspended while and so long as performance hereto is prevented or impeded by strikes,
disturbances, riots,fire,severe weather,government action,war acts, acts of God,or any
other cause similar or dissirnilar to the foregoing which are beyond the control of the party
from whom the affected performance was due.
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37. INTEGRATED AGREEMENT.This Agreement, together with Exhibits"A,""B" and "C"
supersede any and all other agreements. either oral or in writing, between the parties with
respect to the subject matter herein.Each party to this Agreement aclaiowledges that no
representation by any party,which is not embodied herein,nor any other agreement;
statement or promise not contained in this Agreement shall be valid and binding.Any
modification of the Agreement shall be effective only f a is in writing and signed by all
parties.
Dated: 7 - 3 / "CITY"
By:
4a+d Wry
City Manager
Dated: G! 2 "CONTRACTOR"
By: *44
1 Nji �AEAA4LL
pQF=I IyFLST
APPROVED AS TO FORM
Richard L. Adams 11
City Attorney
OF
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EXHIBIT "A"
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Cl*ty of Big Bear Lake . .
Statement of Qualifications
On-call GTi1Wn&eedng Related
Services
Lynn Merrill
&Associates, Inc.
I
onsulting to Municipal Governments
stalnabiltty•Qperations•Manageme nt
256 Cajon Street, Suite C
Redlands, CA 92373
(909) 894-4425
Cite o�'Bi�BeeirLxlke 0
Ajjj&Lynn Merrill
&Associates,Inc.
cenrrikry w aun+nw+co...rm.�r.
su�Mm4anr•aper.pan,•A4m,geirtrt
Lynn Merrill and Associates, Inc.
Out fi=was
established on the
premise -d-iat municipal 3
Clients have the need for x �,
costive, timely M-d
thoughtful support in a
variery of sciviGes. Over
the last- *d-ve years, we
have provided support
to over 20 cities, county
"5
and special districts
within the Pdve> side and
San Bernardino area.
We are: local, and so we
understand the local
15SUe> and concems that s.
_.
r
dties in the two county
area are fang.
�.'i�p of B3 gq Bear l.nke
Lynn Merrill
&Associates,Inc
and Rialto as part of our NPDES inspections, which include conducting routine inspections of each
commercial interceptor,including a determination ol'whether the interceptor and associate records are within
compliance with the City's Pretreatment Program. We work closely with both the Banning Wastewater
Treatment stafi'and the Rialto Water Services to provide Geld support for the pre-treatment program,including
conducting Industrial Waste Surveys(1WS)ofnew businesses to ensure that they are properly included in the
Pretreatment program.
In 2016, our first perfortned work for the County of San Bernardino's Cucamonga Creek Bacteria Sampling -
Program which was conducted overa ten-week period from August to October 2016, In this proLTarn, we
peribrmed sampling activities at six sample sites each week, and that samples were transferred to Babcock
Laboratories in a timely manner in order to ensure sample Niability and regulatory compliance. Samples
included field measurements using a four-in-one meter and flow meter, as well as photographs docurncnting
the conditions found within the Cucamonga Channel and wetlands area.
Additional experience includes development of site specific Storm Water Pollution Prevention Plan
(SWPE'Ps) and CUPA as well as conducting in-house training programs with staff to ensure knowledge
regarding the requirements of the permit. Our staff recently worked with the City of Rialto in updating their
Corporate-Yard's-SWPPP and CUPA requirements,as well as conducting training of field staff as it relates-to
implementing the SWPPP prior to and during rain events. Our work with the City allowed the City to reduce
the volume of various hazardous materials stored on site to below the required thresholds and therefore
reduced the regulatory compliance burden.
We have prepared numerous SWPPP and WQMP for commercial and industrial facilities within Riverside
County. Our staff inspections are thorough and are designed to ensure that BMPs are implemented
consistent with the SWPPP/WQMP documents for the facilities. If there are any issues discovered during
our inspections we immediately bring it to rrranagemeut's attention to provide timely corrective actions.
We will provide site specific training to staff periodically and any special training oil as needed basis. In
addition,we will work with City staff to assist in the implementation of the Statewide Trash TMDL as we
are doing for the cities of Rialto,Grand Terrace and San Jacinto.
We believe that our current work within both San Bernardino and Riverside Counties in support of the NPDES
programs,as well as our experience with sampling and program analysis,makes us uniquely qualified to assist
the City of Big Bear Lake. We look forward to the opportunity to provide these sen"ices to your city.
Respectfully,
President
C'i�p n/8,v Bear._like r
PROJECTS AND
STAFFING
Since our firm's inception in November 2004. we have provided a variety of municipal program
and project management services to both city and county governments as it relates to various
aspects of environmental program compliance. We have been acti%ely involved in MS4 Permit
Program requirements in San Bernardino County since 2000, first as Director of Public Services
for the City of San Bernardino, and subsequently as principal and founder of Lynn Merrill and
Associates, Inc., Consulting to Municipal Governments.
Over the last thirteen years, we have developed a team of environmental professionals who have
the capability to provide the following services: — --
• Technical and management oversight and comprehensive prod am
• Industrial Pretreatment Support
• Commercial and Industrial Inspections;
• Restaurant Inspections including implementation of the Fats. Oils and Greases (FOG)
Program;
• Water Quality Management Plan BMP Acceptance. Field Verification and Post
Construction BMP Inspections;
• Construction Site Inspections.
Our senior staff includes personnel with combined experiences of over 100 years in conducting
various NPDES activities under both the San Bernardino and Riverside County NPDES Program.
Supervising field staff have their QSP-:QSD Certifications for the General Construction Permit.
Our Principal Inspector has his PC832 certification and his Q1SP Certification, and is qualified to
issue administrative citations where appropriate.
The following table lists our team members and their current education and certifications —
detailed resumes are provided for the proposed assigned stair in a following section:
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Lynn Merrill
&Associates,Inc.
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The following sections provide additional details regarding some of our most recent NPDES:
NAME OF CONTACT NAME PHONE NUMBER DATES SERVICES
AGENCY — _ AND TITLE PROVIDED
City of Banning Ann Marie Loconte, 951-922-3130 March 2016 to
Associate Civil Present
Engineer`
City of Rialto Robert Eisenbeizn, 909-421-7279 July 1 20I 1 to
Public Works Present
Director/City
1 Engineer _
City of Palm Springs Marcus Fuller, 760-322-8380 March 2015 to June
Assistant City 2016.
Manager
City of Grand . Sandra Molina, 909-430-2225 October 2014 to
Terrace Development Present
— - *-'Services Director
County of Sall Arlene Chun, 909-3 87-$112 July 2013 to Present
Bernardino Stormwater Program
Manager
City of San,Jacinto Andy Ramirez, 951-654-4041 November 2010 to
Streets, Parks and Present
NPDES
Superintendent _
City of Lake Elsinore Rita Thompson, 951-674-2I24, Ext August 2014 to
Stormwater 308 Present
Coordinator
City of Perris Daryl Hartwill, 951-943-4610 September 2006 to
Public Works Present
Director
>> PROJECT PROFILES
PROJECT NAME;GI TY OF BANNING - NPDES Commercial/Industrial Inspections, FOG Inspections and
Industrial Pre-Treatment Programs
BRIEF PROJECT DESCRIPTION: Provided contract NPDES Commercial,Industrial, Fats, Oils and Greases
Inspection Program and Industrial Pre-Treatment Program.
SERVICES PROVIDED: From March 2016, provided NPDF,S inspections of the City's various
Comnierciali ndustrial sites as directed by the City's Associate Civil Engineer,and Fats,Oils and Greases
Inspection and Industrial Pre-Treatment Program as directed by the City's Water.-Wastewater
Superintendent. From March 2016 to present, conducted 100 inspections, including appropriate follow-
ups on Notices of Corrections, as well as annual industrial pre-treatment insl=tions on the City's three
industrial dischargers.
0S.
4�iuEMr Lynn Merrill
&Associates,Inc.
�a M a M NdadGo.�emmu
•�oartWm•Wmgemant
Comprehensive Bacteria Reduction Plan working group mectings. Prepared and submitted for the City
the Local Implementation Plan in July 2011. Oversaw the City's commerciaPindustrial inspector until
position was laid off in October 2011. From December 2012 to the present, provided NI11DES Inspection
Services for Commercial,Industrial and Restaurants,including conducting the City's Fats,Oils and Grease
(FOG) pro&rram pre-treatment inspections. Provided training and technical advice relating to NPDES
program implementation to various city departments. Lead Program Manager relating to EPA/Santa Ana
Regional Board Progratri Audit conducted on September 20, 2012.
CLIENT NAME:City of Rialto
CLIENT CONTACT NAME,TELEPHONE NUMBER AND EMAIL ADDRESS,
Robert Eisenbeizn, Public Works Director
909421-7279
reisenbeiznta?rinitgcaa..aov
--PRflJEGT-NAM&-Gi-T»Y OF PAkM-SPRTNGS--
BRIEF PROJECT DESCRIPTION: Provided NPDES technical and inspection support.
SERVICES PROVIDED: From March 2015 to Present,performed NPDES inspections of commercial, industrial
and restaurants located throughout the City. Provide technical support for the City as requested. Attend
Desert Task Force Meetings to represent the City. Completed Annual Report and provided Illicit
Discharge Investigations as requested.
CLIENT NAME:City of Palm Sprines
CLIENT CONTACT NAME,TELEPHONE NUMBER AND EMAIL ADDRESS:
Marcus Huller,Assistant City Manager
760-322-8380
PROJECT NAME:COL NTY OF SAN BERNARDINO,NPDES SUPPORT AND NPDES INSPECTIONS
BRIEF PROJECT DESCRIPTION; Provide management and professional support for various aspects of the
County's NPDES Program, under Regional Permit 118-20I0-0036.
SERVICES PROVIDED- Under various contracts and purchase orders, provide NPDES inspection services
relating to Commercial, Restaurant, Industrial and Post-construction BMPs. Efforts include technical
analysis and support to the County's program, field support to document CBRP - TMDL compliance at
various sub-watersheds within the Santa Ana River rogtion.
CLIENT NAME County of San Bernardino
CLIENT CONTACT NAME,TELEPHONE NUMBER AND EMAIL ADDRESS:
Arlene Chun,NPDES Stormwater Program Manager
909-387-8112
Ar•lene.Chun ii:d w.sbcount -.uov
C.7lp n�13i; Bear 1-ake �
Lynn Merrill
&Associates,Inc.
swr M�n r•oaerrJani•ra+nngemint
>> LYNN MERRILL, PRINCIPAUPROGRAM MANAGER
Lynn Merrill and Associates, Inc., Consulting to Municipal
Governments, Redlands, California
r
EDUCATION
Masters in Public Policy, Claremont Graduate University,
Claremont, California. January 1999.
Bachelor of Science, University of California, Riverside,
California. March 1981.
_ EXPERIENCE
As Principal of�i Merrill and flssociates, Inc., Consulting to Municipal Gvveriurterrts,performed
the following specific projects and service for the listed jurisdictions as it relates to Grant Programs:
During the last thirty years, our principal, Mr. Lynn Merrill has prepared numerous successful grant
applications for both not-for-profits and municipal governments, and his efforts have included not only
preparation of the application, but in many cases acting as project manager for the successful
implementation of the grant funded program.
City of Rialto. Mr. Merrill was the grant author and primary project manager for the city's 2009 Energy
Efficiency and Conservation Block Grant. Mr. Merrill also was the lead author of the City of Rialto's
grant application to the State Office of Historic Preservation to conduct the original Historic Resources
Survey in 1987 to 1990.
City of San Jacinto. Mr.Merrill successfully applied for several turf-removal grants,including one which
provided $575,594 to remove and replace 287,797 of turf in a multiple use residential community. In
addition, Mr. Merrill, assisted the City of San Jacinto in obtaining a Santa Ana Watershed Protection
Authority Grant to fund a conservation based water rate study in the amount of$215,000.
City of San Bernardino San Bernardino,California
Director,Department of Public Services December 1998 to November 2004
Mr. Merrill prepared or oversaw the preparation of a variety of environmental grants, from used oil to
waste tires, which helped fund a variety of environmental outreach programs. In 2003, he prepared a
Mobile Source Air Pollution Reduction Review Committee(MSRC)Grant that provided over$1.0 million
in funding and allowed the City to construct an LPG fueling facility for the City's Beet of solid waste
collection vehicles at the City yard on Sierra Way. Overall responsibility for the general management of
the City's Refuse, Streets and Fleet Divisions. Duties include planning,budgeting and administration of
the Department, including development of long-range management strategies for Infrastructure
Maintenance of Streets and Fleet Operations. Under general administrative direction from the City
Administrator, coordinate Department activities with the Mayor and Common Council offices, as well as
other City departments. Directs activities of a staff of 177 employees with a total Department budget of
$22,726,800.
C.rtp of 13ia Bear Lake 6
Lynn Merrill
&Associates,Inc.
.-M..•
cw ,to MoAdVA C. ,
on grant funded projects for wastewater treatment plants both new and upgrades to comply with the federal
and state regulatory standards. Provided value engineering oversight for clean water funded projects to
ensure that most efficient and cost-effective projects were completed. Coordinated water quality and
hazardous waste management issues with other local, state and federal agencies in many tasks forces
including environmental crimes task forces in for many counties in California. Local source control and
pretreatment program implementation.
California Regional Water Quality Control Board Santa Ana Region .
Chief,Regulation and Enforcement 1981-1987
Oversaw the Regional Board's water quality programs related to core regulatory functions including clean
water funded projects. Supervised up to 15 engineers and other technical staff involved in various
regulatory programs including enforcement actions.
>>SAUL MARTINET, SENIOR CONSULTANT
Lynn Merrill and Associates, Inc., Consulting to Municipal
' Governements ^ --
"�" Redlands, California
EDUCATION
} Bachelor of Science, California Polytechnic University, Pomona CA-
Civil Engineering
f Associate of Arts - Mount San Antonio Community College, Walnut
CA-Associate of Arts
' Certificate - Santa Ana Community College, Santa Ana CA- Drafting
QSP/QSD —Scrap Metal Permit SM-QSD-0814-27-2015 Qualified
SWPPP Practitioner 20960 Certified Erosion Sediment and Stormwater
Inspector 0998
EXPERIENCE
Lynn Merrill and Associates,Inc. Redlands,CA
Senior Consultant 2014 to Present
Manages and coordinates the NPDES Inspection Program, including the following functions: supervise
Industrial and Commercial Inspector(s);conduct Industrial,Commercial,Restaurant and Construction site
inspections; Prioritize Businesses to the correct inspection frequency based on compliance with General
Industrial Permit and County of San Bernardino MS4 Permit; Set-up Stormwater Inspection Programs per
MS4 Permit Requirements;Conduct pretreatment inspections as it relates to the State of California's Fats,
Oils and Grease program.
Jurupa Community Services District Jurupa,CA
Development Supervisor August 2014 to Present
Oversee all new development within both City of Eastvale and City of Jurupa Valley, which entails plan
checking all water and sewer plans submitted to the District; Supervise two Development Engineering
Representatives on a daily basis; Meet with developers, engineer of record, residents to go over
development projects and insure that all plans, fees and documents are submitted in a timely manner in
order to meet developers construction schedules; Prepare yearly budget for the department, maintain
( :;', of 13ig Bear Lake
AdlilkLynn Merril!
[&Associates,Inc.
mwnNg m rw.+ep,l Gawrrrn.nh
^ter•4err�ans.usn.yRn�
o Represent the City in a variety of intergovernmental roles, including serving as a member of the
Western River=ide Council of Governments Technical Advisory Committee
o Develop annual budgets -Current budget consists of a$15.8 million general fund and$56.6 million
overall
o Review and amend, as necessary,all staff reports to the City Council
o Responsible for overall disaster and emergency services plan
City of San Jacinto San Jacinto,CA
Assistant City Manager 2006 to 2010
• Served as the principal assistant in the development and implementation of City policies,programs
and operations
• Managed public safety contracts, emergency management activities, intergovernmental relations,
and budget development
• Served as City staff representative to Western Riverside Council of Governments Planning
Directors' Committee, the Riverside County Transportation Commission Highway 79 and Mid-
County Parkway Project Design Teams and the Riverside County Flood Control and Water
Conservation District
City of San Jacinto San Jacinto, CA
Community Development Director 2003 to 2006
- Directed the preparation of comprehensive planning related reports
o Directed the development,maintenance,and implementation of the City's General Plan
L Successfully negotiated more than 25 Development Agreements resulting in more than$20,000,000
in unrestricted revenue to the City
o Served as technical advisor to City Manager,City Council, and Planning Commission on planning
related issues
c. Coordinated departmental activities with City departments,other Cities, the County, and Regional
Agencies such as the Western Riverside Council of Governments, the Western Riverside Regional
Conservation Authority and the Riverside County Transportation Commission
City of San Jacinto San Jacinto,CA
Planning Director 1998 to 2003
City of San Jacinto San Jacinto,CA
Senior Planner 1991-1998
City of Moreno Valley Moreno Valley,CA
Associate Planner 1989-1991
City of Whittier Whittier, CA
Planner H 1987-1989
City of Long Beach Long Beach,CA
Assistant Planner 1986-1987
C,'i�y of lii; liear 11ike �----._..-.-----•-----------__--------- '
Lynn Merrill
&Associates,Inc.
wz
roeq+yQpe 11•Mu4ganue
Prepared surface water and groundwater studies and performed modeling work to establish constituent
criteria,developed watershed planning studies and programs,organized and implemented Basin Planning
programs. These tasks supported the development and implementation of waste load allocations and
TMDLs within the Santa Ana River region. Performed comprehensive analysis and developed reports for
the Regional Water Quality Control Boards'Non-Paint Source programs. Developed special water quality
studies and monitoring programs for rural and mountain communities, silviculture, lakes, and agriculture
(dairies-high animal population confinement facilities).
Riverside County Planning Department
City of Fontana,Planning Department
Senior Planner October 1977 to February 1986
Manager responsible for planning, organizing, developing, and implementing technical urban planning
activities including: General Land Use Plans, Specific Plans, Community Plans, and tract maps; full case
analysis,writing staff reports and resolutions,training and supervising planning staff in all aspects of urban
planning duties.
PROFESSIONAL S COMMUNITY AFFILIATIONS
Califim-iaNAEP Liaison NAEP/AEP-,,Past Executive Vice President of the Association of Environmental
Professionals, AEP Awards Chair, Past President of the Inland Empire Association of Environmental
Professionals;Past Chair SARDA; Past Chair of SCAP Water Committee,Associate Member of A.I.C.P.;
Charter Board Member of Inland Empire Section American Planning Association; Guest lecturer at
University of California, Riverside; Member of Tri-TAC.
- >> PALM MERRILL, NPDES INSPECTOR If
Lynn Merrill and Associates, Inc., Consulting to Municipal
Governments
Redlands, California
EDUCATION
Bachelor of Arts, Game Art and Design, Westwood University,
Upland, CA, May 2011.
QSP/QSD-- Scrap Metal Permit SM-QSD-08 14-27-2015
PC 832 .. Arrest--June 2015.
EXPERIENCE
Lynn Merrill and Associates,Inc. Redlands,CA
Inspector April 2012 to Present
Perform Commercial, Restaurant and Industrial Inspections for compliance with NPDES FOG:' Storm
Water Program, City of Rialto. Perform field inspections of landscape maintenance districts to ensure
compliance with various standards including Water Conservation Ordinances and NPDES Program
requirements, City of Perris.
Green World Solutions Riverside,CA
June 2010 to November 2010
..ify of Biu Bee7r I a.�'_ ;
Lynn Merrill
&Associates,Inc.
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Sun,Meeen�•operea ans•wn.ymuxa
Envirownental Engineer August 2007 to February 2008
Occupational Safety and Environment Audits in the Automotive Mechanic Department;identification and
characterization of environmental impact on occupational safety; draw up plans for environmental
management and improvement to occupational safety. Conducted Solid Waste Management Research,
including Created and completed a survey of the population of the municipality, segmentation of the
sample population, classification and characterization of the solid waste and calculation and analysis of
the solid waste production per capita.
World Vision International,Mancos Ancash,Peru
Ennvironnsental Enngineen;Independent Consultant July 2005 to August 2005
Preparation of the Base Line of Mancos Microenviromnents-Watershed(compilation of economic,social
and ecological descriptions of the geographic area,using ArcGis), Environmental Assessment of Mancos
Microenvironments-Watershed (identification and analysis of environmental issues such us farming,
artisan mining, cattle and trading, using ArcGis); and preparation of suggestions regarding the negative
environmental impacts of the Mancos Microenvironments-Watershed.
Huasearan National Park Ancash,Peru
Environmental Engineer,Internship July'2003 to August 2003
Monitoring the impact of tourism on the air, soil and water of the park; monitoring the asphalt and
reforestation project in the Pucabado and Rajucolta Areas and revised the"Environmental Impact Study
Rating and Review System" for each business that wants to do a construction project within the park
o >> MARK KENNEDY, NPDES INSPECTOR II
Lynn Merrill and Associates, Inc., Consulting to Municipal
Governments
Redlands, California
EDUCATION
University of California Riverside, Extension Course in Public Works
Inspection, 1990.
Riverside Community College, Riverside CA; Police Sciences, 1972-
1973.
Tennessee Wesleyan College, Athens, TN, 1968-I969.
EXPERIENCE
Lynn Merrill and Associates,Inc. Redlands,CA
Inspector 2017 to Present
Perform Commercial, Restaurant and industrial Inspections for compliance with NPDES: FOG' Storm
Water Program, City of Rialto.
P&D Consultants Orange,CA
Senior Public Works/Construction Inspector 1999 to 2008
City of Ontario Ontario,CA
Public Works Inspector 1996 to 1998
City of Bl ;Bear Lake r
Lynn Merrill
&Associates,Inc.
cff "bWrktp,ica.,rff,,"%a,
>> MARIKA LOWE-MEDIA, ADMINISTRATIVE ASSISTANT I/ NPDES
INSPECTOR I
Lynn Merrill and Associates, Inc., Consulting to Municipal
Governments, Redlands, California
EDUCATION
Crafton Hills College,Yucaipa,August 2016 - Present
EXPEDIENCE
Lynn Merr_ilI and Associates,Inc. Redlands, CA
Inspector March 2017—Present
Perform Commercial, Restaurant and Industrial Inspections for compliance with NPDES' FOG.
Storm Water Program for various clients.
DOREEN EERNANDEZ, SENIOR ACCOUNTANT
Lynn Merrill and Associates, Inc., Consulting to Municipal
Governments, Redlands, California
A EDUCATION
California State University, San Bernardino September 2014-
December 2015 CPA Exam Accountancy Prerequisites, Post graduate
GPA: 3.65 CPA Exam Expected Completion: December 2018
University of California, Riverside January 2009 - March 2011
Completed: B.A., Economics.Law and Society
California State University,San Bernardino September 2003 -
December 2008 Completed. B.A., Liberal Studies
EXPERIENCE
Lynn Merrill and Associates,Inc. Redlands,CA
Senior AccountantlController July 2017—Present
o Established controls to keep better track of cash flows for a company making over half a million in
revenues
o Reviewed accounts receivable aging reports on excel and made recommendations for processing when
needed
a Performed an accounts payable audit to reconcile supporting documentation
o Used Quicken Home Office database to create financial reports used for proposals and company
meetings
a Contracted by the City of Rialto to assist their public works department with the processing of accounts
payable and accounts receivable
AftLynn Merrill
&Associates,Inc
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>> JACQUELINE OULGUIME, ADMINISTRATIVE ASSISTANT II
Lynn Merrill and Associates, Inc., Consulting to Municipal
Governments
Redlands, California
1
I EDUCATIDN .
Bachelor of Science, Business Administration and Marketing, University
_F of California, Riverside, June 2016
EXPERIENCE
Lynn Merrill and Associates, Inc. _ Redlands, CA
Administrative Manager January 2016 to Present
Provide a variety of administrative .support functions, including data input into San Bernardino
County MS4 database; accounting and administrative support and marketing functions.
C.7ly of lir`; 13errr f-ake
Lynn Merrill
&Associates,Inc.
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April 4,2018
John Harris
Director of Public Works and Engineering
City of Big Bear Lake
39707 Big Bear Boulevard.
Big Bear Lake,CA 92315
REF: Statement of Qualifications
On-Call Civil Engineering Related Services
Dear Mr.Harris:
In reference to the above On-Call Civil Engineering Related Services,the following fee schedules are hereby
submitted:
RATE SCHEDULE FOR NPDES INSPECTION SERVICES:
PRICE PER PRICE PER PRICE PER PRICE PER
NPDES INSPECTION INSPECTION INSPECTION INSPECTIOtl
FEE SCHEDULE NPDESPER PER PER PER
FACILITY FACILITY FACILITY FACILITY
FY16-17 FY17-18 FY18-19 FY19.20
INDUSTRIAL HIGH $225-00 $209.25 $216.57 $224.15
INDUSTRAL MEDIUM $180.00 $167.40 5173.26 1 $179.32
INDUSTRIAL LOW $90,o0 $83.70 $86.63 $89.66
RESTAURANTS HIGH $75.00 $69.75 $72.19 $74.72
RESTAURANTS MEDIUM $60.00 $55.80 $57.75 $59.77
RESTAURANTS LOW 545.00 $41.85 $43.31 $44.83
COMMERCIAL HIGH S65.00 $60.45 $62.57 $64.76
COMMERCIAL MEDIUM S55.00 $51.15 $52.941 $54.79
COMMERCIAL LOW $45.00 $41.85 $43.31 1 $44.83
other-Inactive/Residential/Non-Ins ectlon(3/2CommertlalLow) $22M $20.93 $21.66 $22.42
FOLLOW-UP AND REINSPECTIONS No Charge No Char a NoCharge No Charge
POST CONSTRUCTION BEST MANAGEMENT PRACTICES(Residential and
Commercial) S150.22 $139.50 $144.38 5149.44
Additional services may be billed at the following not-to-exceed labor rates. Labor rates may be adjusted lower
depending on the project needs and scope. The Company retains the right to hold labor rates at previous year's
rates if appropriate.
Crl1,aj'I3iS Iirrrr Like
AIJ&Ly-nn Merrill
&Associates,Inc.
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Section
.Addendum #1
.Acknowledgement
CIy of 13i; Beer I wke _
A!QkLynn Merrill
lac Associates,Inc.
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9. Consultants are rvelconte to submit proposals for individual portions of the RFP,or
for all portions of the RFI'.The City's desist;is to contract with full-service consulting
firms,but realizes many disciples are idenlified and that this may not be practical_
+ 10.The fee schedule does not count against the page limit. h1CIt1de it as net appendix,
1 l.The introduction letter does not count against the page Iimit.
Bidders' attention is directed to Contract Documents,specifically acknowledgement of receipt of
addenda which must be dated and returned in the Bid.
THIS ADDENDUM NO. 1 HAS BEEN PREPARED BY
John Harris
orofPublic Works and Engineering
titgnature Acknow1cdging Rccript of Nddendum,#1 l?itc
C. of Ngo Bear Lrrk-e - 4
EXHIBIT "B"
SCHEDULE OF COMPENSATION
I. AMOUNT OF COMPENSATION. For perfonning and completing all services
pursuant to Exhibit "A" Scope of Services, is a total amount not to exceed
S 10,000.00(TEN THOUSAND Dollars).
II. BILLING. At the end of each calendar month in which services are performed or
expenses are incurred under this Agreement, Consultant shall submit an invoice to the
City at the following address:
City of Grand Terrace
22795 Barton Road Grand
Terrace, Ca 92313
The invoice submitted pursuant to this paragraph shall show the:
1) Purchase order number;
2) Project name?description:
3) Name and hours worked by each person who performed services during the
billing period;
4) The title..-'classification under which they were billed.
5) The hourly rate of pay:
6) Actual out-of-pocket expenses incurred in the performance of services; and,
7) Other such information as the City may reasonably require.
Ill. METHOD OF PAYMENT. Payment to Consultant for the compensation specified
inSection I,above,shall bemade afterthe Executive Directoror designee determines
tha t the billing submitted pursuant to Section H,above, accurately reflects work
satisfactorily performed. City shall pay Consultant within thirty(30)days therefrom.
Page 9 of 11
EXH BIT "C"
The Consultant shall maintain throughout the duration of the term of the Agreement, liability insurance
covering the Consultant and,with the exception of Professional Liability Insurance, designating City
and City including its elected or appointed officials, directors,officers,agents,employees,volunteers.
or consukants,as additional insured against any and all claims resulting in injury or damage to persons
or property (both real and personal)caused by any aspect of the Consultant's work, i i amounts no less
than the following and with such deductibles as are ordinary and reasonable ui keeping with industry
standards. It shall be stated, in the Additional Insured Endorsement, that the Consultant's insurance
policies shall be primary as respects any claims related to or as the result of the Consultant's work.
Any insurance, pooled coverage,or self-insurance maintained by the City and City, is elected or
appointed officials,directors,officers, agents,employees,volunteers,or consultants shall be non-
contributory.
Professional Liability Insurance S1,000,00062,000,000
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
C. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Eire Damage (any one fire) $ 50,000
f. Medical Expense (anyone person) $ 5,000
Page 10 of 11
5 F
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1000,000
C. EL Disease-Pblcy limit $1,000,000
d. EL Disease - Each Employee $1000,000
Automobile Liability
a. Any vehicle,combined single limit 51,000,000
The Consultant shall provide thirty(30)days advance notice to City inthe event of material changes
or cancellation of any coverage. Certificates of insurance and additional insured endorsements shall
be furnished to City thirty(30)days prior to the effective date of the Agreement. Refusal to submit
such certificates shall constitute a material breach of this Agreement entitling City to any and all
remedies at law or inequity, including termination of this Agreement. if proof of insurance required
under this Agreement is not delivered as required or if such insurance is canceled and 110t adequately
replaced, City shall have the right but not the duty to obtain replacement insurance and to charge the
Consultant for any premium due for such coverage. City has the option to deduct any such premium
from the sums due to the Consultant.
Insurance is to be placed with insurers authorized and admitted to write insurance in California and
with a current A.M. Best's rating of A-:Vll or better. Acceptance of insurance from a carrier with a
rating lower than A-:Vll is subject to approval by City's Risk Manager. Consultant shall immediately
advise City of any litigation that may affect these insurance policies.
Page 11 of 11