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HomeMy WebLinkAboutMikhail Ogawa Engineering; 2013-08-28; PEM1033PEM1033 AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR CARLSBAD WATERSHED MANAGEMENT AREA WATER QUALITY IMPROVEMENT PLAN DEVELOPMENT AND IMPLEMENTATION SERVICES MIKHAIL OGAWA ENGINEERING, INC. No. 4 is entered into and effective as of the / L/tb day of _._.....,_..__.""""""-'-"....__......._ ____ , 2017, extending the agreement dated August 28, 2013 (the "Agreeme ' by and between the City of Carlsbad, a municipal corporation, ("City"), and Mikhail Ogawa Engineering, Inc., a California corporation ("Contractor") (collectively, the "Parties") for Carlsbad Watershed Management Area Water Quality Improvement Plan Development and Implementation Services. RECITALS A. On September 3, 2014, the Parties executed Amendment No. 1 to the Agreement to extend and fund agreement for a period of one (1) year; and B. On August 28, 2015, the Parties executed Amendment No. 2 to the Agreement to extend and fund agreement for a period of one (1) year; and C. On August 5, 2016, the Parties executed Amendment No. 3 to the Agreement to extend and fund agreement for a period of one (1) year; and C. The Parties desire to extend and fund the Agreement for a period of one ( 1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on August 27, 2018 on a time and materials basis not-to- exceed seventy seven thousand eight hundred seventeen dollars ($77,817). Total compensation under this agreement will not exceed five hundred thirty nine thousand two hundred forty dollars (Year 1 -$200,000, Year 2 -$105,789, Year 3 -$77,817, Year 4 -$77,817; Year 5 -$77,817 = $539,240). 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill /II /II Ill City Attorney Approved Version 1 /30/13 PEM1033 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR MIKHAIL OGAWA ENGINEERING, INC., a California corporation Mikhail Ogawa, President (print name/title) B~~-- (si Mikhail Ogawa, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager ATTEST: UWVDa Ni i2m ~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney BY: -~----=c.-~-~=~----=-'~~- Deputy City Attorney City Attorney Approved Version 1 /30/13 2 Client#· 35408 MIKHOGAW ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 7/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). PRODUCER ~2~l~cT Hubert Ang Marsh & Mclennan Agency llC rtgNJo, Ext): 858 587-7495 I riet Nol: (858) 452-7530 Marsh & Mclennan Ins Agney llC ~itJ~ss, hubert.ang@MarshMMA.com PO Box 85638; CA Lie #0H18131 INSURER(S) AFFORDING COVERAGE NAIC# San Diego, CA 92186 INSURER A, Continental Casualty Company 20443 INSURED INSURER B, United Specialty Insurance Comp 12537 Mikhail Ogawa Engineering, Inc INSURER c, Progressive American Insurance 24252 Mikhhail Ogawa INSURER D: 3525 Del Mar Heights Rd #429 INSURER E: San Diego, CA 92130 INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE 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 BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ----~ INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR wvo POLICY NUMBER !MM/00/YYYYl I (MM/DDNYYYl A ~ COMMERCIAL GENERAL LIABILITY B6045280643 !04/01/2017 04/01/201E EACH OCCURRENCE $1,000,000 D CLAIMS-MADE ~ OCCUR - ~~~tlff,H?E~~~Jirrence) $300 000 ~-MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Pi POLICY n m?r nLOC PRODUCTS -COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY 029980541 105/0112011 05/01/20H COMBINED SINGLE LIMIT $1,000,000 ~ (Ea accident! ANY AUTO BODILY INJURY (Per person) $ ~ ~ ALL OWNED SCHEDULED c..! BODILY INJURY (Per accident) $ AUTOS ~ AUTOS -- X X NON-OWNED PROPERTY DAMAGE $1,000,000 HIRED AUTOS AUTOS (Per accident) e-->-- $ -~ A .__2C UMBRELLA LIAB ~ OCCUR B6045280688 !04/01/2017 04/01/20H EACH OCCURRENCE $2 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2 000 000 OED I I RETENTION $ $ WORKERS COMPENSATION l~ffTUTE I !nH-ANO EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVED E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A E&O EEH254102631 !04/01/2017 04/01/2018 $2M Occ/ $4M Aggregate / B Pollution USA4156838 !02/05/2017 02/05/2018 $1 M Occ/ $2M Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is additional insured with respect to general liability per attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 Faraday Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1329514/M1190807 YOUK INSURED: Mikhail Ogawa Engineering, Inc ,/POLICY #: B6045280643 POLICY PERIOD: 04/01/2017 TO 04/01/2018 SB-146932-E (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED -BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury'' or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury'' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its SB-146932-E (Ed. 06/11) own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury'' or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured -Your Work That person or organization for whom you do work is an additional insured solely for liability Page 1 of 5 ~NA due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury" or "property damage" arising out of the "products-completed operations haz.ard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or polltical subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. SB-146932-E (Ed. 06111) SB-146932-E (Ed. 06111) This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organiz.ations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests -Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or Page 2 of 5 ~NA (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability as co- owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury'' arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury'' or "property damage" included within the "products-completed operations hazard.• 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Other Insurance 4. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. 4. LEGAL LIABILITY -DAMAGE TO PREMISES A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB-146932-E (Ed. 06/11) SB-146932-E (Ed. 06/11) Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: ( 1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D -Liability and Medical Expenses Limits of Insurance. Page 3 of 5 Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage' included in the "products-completed operations hazard.' B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, I, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; SB-146932-E (Ed. 06/11) SB-146932-E (Ed. 06/11) (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 8. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: Page 4 of 5 ~NA (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injury) does not apply if SB-146932-E (Ed. 06/11) SB-146932-E (Ed. 06/11) Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury R!Hlefined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of it's owner, landlord or lessor. Page 5 of 5 PEM1033 AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR CARLSBAD WATERSHED MANAGEMENT AREA WATER QUALITY IMPROVEMENT PLAN DEVELOPMENT AND IMPLEMENTATION SERVICES MIKHAIL OGAWA ENGINEERING, INC. This Amendm';t!-No. 3 is entered into and effective as of the Gt:::h day of ~A.t'Jltt& , 2016, extending the agreement dated August 28, 2013 (the "Agreemen ")by and between the C1ty of Carlsbad, a mun1c1pal corporation, ("C1ty"), and M1kha1l Ogawa Engineering, Inc., a California corporation ("Contractor") (collectively, the "Parties") for Carlsbad Watershed Management Area Water Quality Improvement Plan Development and Implementation Services. RECITALS A On September 3, 2014, the Parties executed Amendment No. 1 to the Agreement to extend and fund agreement for a period of one (1) year; and B. On August 28, 2015, the Parties executed Amendment No. 2 to the Agreement to extend and fund agreement for a period of one (1) year; and C. The Parties desire to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on August 28, 2017 on a time and materials basis not-to- exceed two hundred thousand dollars ($200,000). 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill /II /II /II /II Ill City Attorney Approved Version 1/30/13 PEM1033 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR MIKHAIL OGAWA ENGINEERING, INC., a California corporation By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the Stat f · nia By: If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 PEM1033 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR CARLSBAD WATERSHED MANAGEMENT AREA WATER QUALITY IMPROVEMENT PLAN DEVELOPMENT AND IMPLEMENTATION SERVICES MIKHAIL OGAWA ENGINEERING, INC. This Amendment No. 2 is entered into and effective as of the 20-th day of ~ \AS··t" , 2015, extending and amending the agreement dated August 28, 2013~ Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Mikhail Ogawa Engineering, Inc., a California corporation ("Contractor") (collectively, the "Parties") for Carlsbad Watershed Management Area Water Quality Improvement Plan Development and Implementation Services. RECITALS A. On September 3, 2014, the Parties executed Amendment No. 1 to the Agreement to extend and fund agreement for a period of one (1) year; and B. The Parties desire to alter the Agreement's scope of work to extend and fund the Agreement for a period of (1) one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on August 28, 2016 on a time and materials basis not-to-exceed two hundred thousand dollars ($200,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill /II /II /II /II /II /II City Attorney Approved Version 1/30/13 PEM1033 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR MIKHAIL OGAWA ENGINEERING, INC., a California corporation By: Mikhail Ogawa I President (print name/title) Mikhail Ogawa I Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: City Clerk Kathryn B. Do<lli)fl Interim City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 PEM1033 AGREEMENT FOR THE CARLSBAD WATERSHED MANAGEMENT AREA WATER QUALITY IMPROVEMENT PLAN DEVELOPMENT AND IMPLEMENTATION SERVICES (MIKHAIL OGAWA ENGINEERING) THIS AGREEMENT is made and entered into as of the ^^th day of August , 2013, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and MIKHAIL OGAWA ENGINEERING, a sote proprietorship, ("Contractor") for the Carlsbad Watershed Management Area Water Quality Improvement Plan Development and Implementation Services. RECITALS A. City requires the professional services of a Consultant that is experienced in water quality improvement plan devetopment and implementation. B. Contractor has the necessary experience in providing professional services and advice related to water quality improvement plan development and implementation. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not to exceed two hundred thousand dollars ($200,000) per Agreement year. Total compensation under this agreement will not exceed five hundred thirty nine thousand two hundred forty dollars ($539,240). Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed two hundred thousand dollars ($200,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 1/30/13 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withlioldings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor wilt be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination ofthis Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an City Attorney Approved Version 1/30/13 insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage, tf the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate wilt be twice the required per occurrence limit. 10.1.2 Automobile Liability, (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. City Attorney Approved Version 1/30/13 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS Ail work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement witl be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name James T. Wood Name Mikhail Ogawa Title Senior Environmental Specialist Title Principal Department Public Works / PEM Address 3525 Del Mar Heights Road #429 City of Carlsbad San Diego, CA 92130 Address 1635 Faraday Ave Phone No. 619-994-7074 Carlsbad, CA 92008 Email mikhail@mogawaeng.com Phone No. 760-602-7584 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 1 /30/13 16. CONFLICT OF INTEREST Contractor shalt file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shalt report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor wilt keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicabte taws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with alt applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION tf a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fon/varded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the tetter wilt reply to the letter along with a recommended method of resolution within ten (10) business days, tf the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonA/arded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement, tn this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee City Attorney Approved Version 1/30/13 payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not emptoyed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor 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 this Agreement. For breach or violation of this warranty. City witl have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othen^/ise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seg.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information, tf City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at taw or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement wilt be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS tt is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. tn case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// City Attorney Approved Version 1/30/13 3( 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the temns and conditions of this Agreement. CONTRACTOR MIKHAIL OGAWA ENGINEERING, a sole proprietorship (sign^ Mikhail Ogawa, sole proprietor CITY OF CARLSBAD, a municipal corporation of the State of Califomia ' Mayor (print name/title) ATTEST: By: (sign here) BARBARA ENGLESO City Cleric (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seat empowering the ofricer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Assistant City Attomey City Attorney Approved Version 1/30/13 Exhibit "A" Proposal to Provide Professional Servicesfor Carlsbad Watershed Management Area Program Prepared by: Mikhail Ogawa Engineering 3525 Del Mar Heights Road #429 San Diego, California 92130 e MIKHAIL OUAWA UNtilNUtRINl in conjunction with: TetraTech | ESA | AMEC | Katz & Associates Tt TETRA TECH I s> amecf* fMZ (VAssociates Respectfully Submitted on: June 6^ 2013 Mikhail Ogawa, Principal Engineer mikhail@mogawaeng.com Carlsbad Watershed Management Area Water Quality Improvement Pian Project June 6, 2013 1 Proposed Method to Accomplish the Work The general approach to the WQIP development process wiil be to: • Collect data and information about the waterbodies in the CWMA beyond what the Team already has availabte; develop initial priority water quality conditions for them; devetop initiat goats; potentiat strategies to address the conditions for each of the waterbody tributary areas (initiatty in a matrix format); and develop initiat schedutes associated with the strategies to achieve the goals. • Once the initial conditions, goats, strategies Qurisdictionai and watershed) and schedutes are established, the Team witl work with CWMA Copermittees to evaluate and prioritize the options (because we "can't do everything everywhere") to determine which wiii be further analyzed to finatize the WQIP process. • The technical approach betow is intended to be conducted on geographicat scates that make sense. Appropriate scales of analysis and presentation wiii be confirmed with the CWMA Copermittees and may be revised through the WQIP devetopment process based on the outcomes ofthe analyses. Various scates may include the entire CWMA, Hydrotogic Areas, Hydrotogic Sub-Areas, or smatter tributary areas. The drivers behind the determination of scale are pottutant-waterbody combinations, sources and poltutant generating activities and abitity to demonstrate progress towards goats established in the WQIP. • Monitoring and Assessment programs wiii be developed to best demonstrate the progress towards achieving the estabtished goals. These programs wiii also be designed to inform the CWMA Copermittees when strategies may be ineffective or need modifications. The foiiowing sub-sections describe the technical approach the MOE Team proposes to use to perform the tasks as identified by the Carisbad Watershed Management Area (CWMA) Copermittees. The task numbers are associated with the tasks as identified in RFP # 13-07. In some cases, optional tasks have been removed at the request of the CWMA Copermittees. PHASE 1 1.1 RFP Task 1: WQIP Development The approach to WQIP Development is described in the sub-sections below. 1.1.1 WQIP Development Project Schedule and IMeetings The MOE Team wiii prepare a detailed project schedule to be reviewed and approved by the CWMA Copermittees. The general project milestones are identified in Figure 1 betow. Detaits to be provided in the schedute will include, at a minimum: (1) project kickoff meeting; (2) formation of the Water Quatity Improvement Consultation Panel (WQICP); (3) public workshops; (4) solicitation of data, information and recommendations; (5) meetings with CWMA Copermittees; (6) draft documents and analysis for review by CWMA Copermittees; (7) review periods; (8) meetings with and/or submittals to WQICP; (9) compliance submittal dates, and (10) anticipated time for revisions based on comments received from WQtCP, RWQCB and pubiic. Atong with the project schedute, the Team will develop an annotated outline of the WQIP to assist in understanding of project tasks and deliverables. In general, the MOE Team proposes that monthly CWMA Copermittee/MOE Team meetings are scheduled throughout the WQIP development process. In addition to the core scheduted monthly meetings, the Team proposes that an additionat four meetings are budgeted for the potentiat need to hoid additionat meetings during more comptex efforts of the devetopment process, e.g., numeric goat setting. During the two-year devetopment phase, this would be a total budget of 28 CWMA Copermittee meetings. These meetings are separate from the workshops and WQICP meetings identified in the Pubiic Process task betow. e Carisbad Watershed Management Area Water Qualitv Improvement Plan Projea June 6, 2013 1.1.2 Priority Water Quality Conditions & Potential Water Quality Improvement Strategies Priority Water Quality Conditions Using tlie existing documentation (with any recent updates, e.g., January 2013 Regional Monitoring Report) including: the LTEAs, 303(d) listings, TMDLs (existing and in development). Annual Regional Monitoring reports, available special studies in the CWMA, and jurisdictional data not already considered in the LTEA, the MOE team will assess the receiving water conditions and propose and submit a master list of priority water quality conditions (expressed as pollutants, stressors and/or receiving water conditions) on waterbody by waterbody basis for the entire CWMA. Additional data, to be assessed, that may not already be considered in the Regional Monitoring Report includes 3"* party data submitted as part of the data solicitation process, and special studies conducted by Copermittees or others. MS4 outfall water quality data and locations (not already assessed in the Annua! Regional Monitoring Report) will be collected and assessed to identify impacts from MS4 systems. The information considered, per Provision B.2.b. ofthe MS4 Permit, will help inform the priority water quality condittons, the selection of HPWQCs, identification of watershed areas for focus, as well as identification of potential sources and pollutant generating activities within the CWMA. The Team will make appropriate revisions to the list of priority water quality conditions based on comments from the CWMA Copermittees. MSA Sources of Pollutants and/or Stressors Using the master list of priority water quality conditions as the basis, the Team will use readily available information (2011 LTEA, 2012 Carlsbad WURMP Annual Report and CWMA Copermittee JURMP Annual Reports) to identify MS4 sources of pollutants and stressors. MOE has provided similar services for the past several years in developing the Carlsbad WURMP Annual Reports. Additional literature review related to pollutant sources will be conducted lo confirm the findings in the 2012 Carisbad WURMP Annual Report for specific pollutant generating sources, activities and land uses. Available relevant monitoring data will be used to further identify MS4 sources of pollutants and stressors within the CWMA. Jul 2013 Jul ;a!4 lan ZOib Figure 1; Tentative Project Schedule - Project Kickoft—Schedute - Form WQICP I— 1st PwWic Workihop SdlcltaUon fcr WQ Data and Potential Strategies — Prioflty final HPWQCs — 2nd ?ublic Vtforkshop Jun 26,2015 Legend: Review Ptiorliv WQCs with wacp Potential Revisions to WQCs Solicitation fa R«om mended Numeric Goals snd Strategies Submit Prlofity WQCs, HPWQCs, MS4 Sources & Potential Strategies to RWQCB Consult with WQ(CP tor Nun^ecic Goals & Schedules, Strategies S Schedules and Reiulis of WMA Analysis Submit Inleri.'n & Rnal Numcfk Goals and SclKdulcs, and Jurisdictionat. Optional •'id Wattffilied Slialegin, and Optional WMA Analvsis(itappllcable)To RWQCB Submit Water Cijallty Impfovofnant Plan to RWQCB M^4 Soufct PotenrijISliateglei Optional WIrtA Analysis Feasibility tu'isdictional Strategies, Opnonal Strategies, Watershed Strate^es & SrhedulM Cptional WI^Analyiii, Candidate Projects & HIWlP Exomp ti ons {if a ppl ica bie) interim and Rnal Gaels and ScheduJ Numeric Potential re^sions to Numeric Goals & Schedules, Strategies & Schedules and Results of Wt^A Analysis Monitoiingend Assessment Program FiraliieCWMA WQJP ream Tasks Submission Carlsbad Watershed Management Area Water Quality improvement Plan Project June 6, 2013 The Team will present the MS4 sources of pollutants and stressors to the CWMA Copermittees for review and comment. Appropriate revisions will be made based on comments from the CWMA Copermittees. Potential Water Quality Improvement Strategies The comprehensive experience and background of the Team coupted with pubiic input (from the soticitation process) regarding strategies to address water quatity conditions will generate a master tist of potential strategies to address the priority water quatity conditions. The Team and CWMA Copermittees witl evaluate the spectrum of strategies considering the priority water quality conditions, identified potential sources, and receiving waters to develop a listing of potentiat water quality improvement strategies to be submitted to the RWQCB for public review and comment. Some criteria that may be used to evatuate the strategies include: (1) effectiveness at addressing the sources/poltutants/activittes/stressors causing the priority water quality conditions; (2) social/institutionat impacts and benefits; (3) technical feasibitity of implementation; and (4) financial feasibitity. The Team will present the potential strategies to the CWMA Copermittees for review and comment. Appropriate revisions will be made based on comments from the CWMA Copermittees. Selection ofl-iighest Priority Water Quality Conditions The MOE Team believes that to identify the highest priority water quatity conditions in the CWMA, the foltowing has to be considered in developing supporting rationate: (1) receiving water conditions; (2) impacts from MS4 discharges; (3) MS4 sources of pollutants and/or stressors; and (4) strategies to address the priority water quality conditions. After compteting the assessments and analysis required in Provision B.2., and consultation with the CWMA Copermittees, the MOE Team will develop a list of highest priority water quality conditions for the CWMA. This approach is inclusive of the processes required of the MS4 Permit that requires the identification of MS4 sources and potential strategies to address the HPWQCs. However, as stated, it woutd be short-sighted to devetop a subset of the priority water quality conditions as HPWQCs prior to evaluating the MS4 sources and potential strategies for ail ofthe priority water quality conditions. Detiverabtes: The Team wilt prepare the following materials to be submitted to the RWQCB 1. Priority and Highest Priority Water Quality Conditions (HPWQCs) for the CWMA - accompanied with rationate for selecting the HPWQCs as a subset of the master list of priority water quality conditions identified through data/information collection and analysts. 2. Identified potential MS4 sources and pollutant generating activities that may be contributing to each of the HPWQCs 3. Identified Potentiat Water Quality Improvement Strategies that may be implemented either jurisdictionally or on a watershed/regional basis to address the HPWQCs in the CWMA. As required by the MS4 Permit, this deliverable will include att strategies provided by public or WQICP Process and Revisions: 1. The MOE Team will prepare necessary materials to review the priority water quatity conditions with the WQICP to receive recommendations or concurrence 2. The CWMA Copermittees witl consider revisions based on WQICP comments/recommendations, if any 3. The MOE Team will make appropriate revisions, if any, to the materials prior to submittal to the RWQCB 4. Within 6-12 months, based on Input from the CWMA Copermittees on schedute, the Team will prepare the materials identified above in the Detiverabtes section to turn in to the RWQCB 5. The RWQCB wiii issue pubiic notice with a minimum 30 day review of CWMA submittal 6. The CWMA Copermittees will consider revising the materials based on public comments, if any 7. The MOE Team will make appropriate revisions, if any, to the materials e LMLOE Carlsbad Watershed Management Area Water Quality Improvement Plan Project June 6, 2013 1.1.3 Water Quality Improvement Goals, Strategies and Schedules The MOE team is made up of staff and firms that have extensive backgrounds in numeric goats, strategies and estabtishing schedules. The Team will use this experience (CLRPs, TMDLs, LTEAs, WURMPs, JURMPs, and Special Studies) and knowledge to assist the CWMA Copermittees in estabtishing interim and final numeric goals, jurisdictional and watershed water quality improvement strategies and implementation schedutes. Water quality improvement numeric goats and schedules, the strategies to achieve the goals and implementation schedules are Interrelated and should not be devetoped independently of each other. The MOE Team proposes that a short Iterative process will consider the interrelated elements before finalizing the goats, strategies and schedules required in Provision B.3. ofthe MS4 Permit. Considerations will include, at a minimum: finai numeric goals, competing geographic water quality responsibilities for the CWMA Copermittees, strategies, schedules, and an evaluation of the sustainabitity^ of the process outcomes. This iterative process witl inctude the components described betow. Water Quality Improvement Goals The MS4 Permit describes the standards for final numeric goats which are straightfonward depending on the types of conditions to be addressed. The finai numeric goal standards will be applied appropriately to the HPWQCs depending on whether the condition exists in the MS4 discharges, receiving waters or in terms of beneficial uses. From MOE's experience, examples of numeric goal types include: use of TMDL numeric targets; narrative forms; % reductions in poltutant loading and flow; and removal of conditions from 303(d) tist. The Team will prepare and present these goats to the CWMA Copermittees for review. The Team will work closely with the CWMA Copermittees when estabtishing the interim numeric goals - as the interim goals, along with schedules, wilt be the primary drivers for program implementation intensity, e.g., how much to implement, where to implement and when to implement. The Team wiii work with Copermittees to select interim goals that are based on measureable criteria or indicators that will demonstrate progress towards meeting final numeric goals. Our team recognizes the challenges the CWMA Copermittees wilt face in establishing/presenting a nexus between program implementation and measureable outcomes. Our team has vast experience and knowledge from special studies, rigorous analysis methods, and modeling to devetop and present options to the CWMA Copermittees for demonstrating progress toward achievabte goals. This will allow us to develop achievable goals that can be accomplished when considering Copermittees opportunities and constraints. This wilt be achieved by using a spreadsheet analysis of the watershed information and data where the HPWQCs are established and a preliminary review of water quality improvement strategies. Schedules for achieving numeric goals will be established in response to the requirements of the MS4 Permit. TMDL interim and final compliance dates wiii be incorporated into the WQtP. Non-TMDL numeric goals will be estabtished to reflect the "shortest practicable time" reasonably required - with some minor variation for final and interim goals. As previously stated, the Team recognizes the importance of this etement of the WQIP and intends to use the iterative process discussed above with the Copermittees to devetop reatistic schedules for achieving the numeric goals. Considerations will include, at a minimum, time needed to imptement new or expanded programs, time to secure financing and sociat/institutional support, and the current state of science in achieving improvements to the HPWQCs. Water Quality Improvement Strategies The Team has experience in the various types of strategies that witl be included in the CWMA WQIP. The three broad categories of strategies include: regulatory; non-structural; and structural. The Team wilt use this ^ Sustainability for the purposes of this process is defined as the assessment of the environmental benefits, costs and social/institutional impacts. This is also known as "triple bottom line". IVtOE Carisbad Watershed Management Area Water Quality Improvement Plan Project June 6, 2013 experience to identify the most appropriate strategies to be included in the WQIP to address the HPWQCs in the CWMA. The MOE Team witl work closely with individual jurisdictions to identify the jurisdictional specific strategies to be employed. This process will include consideration of the potential water quality improvement strategies, a review of JURMPs and JURMP Annual Reports (established under Order R9-2007-0001) to determine current programmatic implementation tn both type and frequency. MOE conducted a similar exercise during the 2011 LTEA process in which att regional Copermittees JURMPs and JURMP Annuat Reports were reviewed for determining programmatic implementation. The Team will generate a proposed strategies tisting, with rationale for each HPWQC that the jurisdiction is tributary to, as a mechanism to facititate the process of setecting jurisdictional specific strategies. With our knowledge ofthe Copermittees existing programs and selected HPWQCs, numeric goals and schedutes, the Team wilt assist the Copermittees with the recommendations for jurisdictional programmatic changes based on the CWMA WQIP elements. These recommendations, tailored for the specific CWMA issues in each jurisdiction, may be used in the development of individual Jurisdictionat Runoff Management Programs (JRMPs). For the purposes of developing the CWMA WQIP, the Team wilt work with the jurisdictions to collect their final programmatic information (as required by Provision B.3.b.(l)(a) of the MS4 Permit) and incorporate into jurisdictionat specific sections ofthe WQIP. Similar to the process above, the Team witl assist in the identification of optionat jurisdictional strategies to be included in the WQIP. These optionat strategies witl be tailored to the specific issues in the CWMA and include descriptions of circumstances necessary to trigger their implementation. Likely considerations for triggering implementation of optional jurisdictional strategies will be avaitabitity of funding, and if program assessment identifies that jurisdictional strategies are not effective at making progress towards the established numeric goals. The MOE Team believes that to identify the jurisdictional strategies and schedules to be inctuded in the WQIP the majority of the work can be accomplished through: 1) emait; 2) telephone correspondence; and 3) during the monthly group meetings. To maintain efficiency we propose to meet separately with individual CWMA Copermittees only once to confirm strategies and use the other forms of correspondence to complete the efforts. The Team witl prepare materials ahead of time and provide to the CWMA Copermittees prior to individual meetings to expedite Copermittees preparation for productive meetings. Moving beyond jurisdictional strategies, the Team, using previous experience and knowledge obtained from the coordination with CWMA Copermittees, wilt identify where opportunities to implement optional strategies may be most appropriately shared in a multi-jurisdictional, WMA or regional setting. These will be brought to the attention ofthe CWMA Copermittees and confirmed priorto inclusion in the WQIP. Strategies related to land development requirements. I.e., HMP standards and alternative compliance, are dependent on the Optionat WMA Analysis and may be incorporated based upon regionat and watershed efforts conducted. Similar to the selection of schedules for numeric goals, the Team recognizes that establishing schedules for implementation of strategies is Interrelated to the numeric goals and strategies themselves. The established schedutes wilt adhere to the requirements of Provision B.3.b.(3). As previousty stated, the Team recognizes the importance of this etement of the WQIP and intends to use the iterative process discussed above with the Copermittees to develop realistic schedules for implementation of strategies. Considerations wilt include, at a minimum, time needed to implement new or expanded programs, time to secure financing and sociat/institutional support, and the current state of science in achieving improvements to the HPWQCs. MOE Carlsbad Watershed Management Area Water Quality Improvement Plan Project -"""e 6, 2013 Deliverabtes: 1. Interim and final numeric goats 2. Schedutes for achieving numeric goals 3. Jurisdictionat strategies and schedutes 4. Optionat jurisdictional strategies 5. CWMA strategies and schedutes 6. Optional WMA Analysis (if appticable) a. Analysis b. Candidate projects c. HMP exemptions Process and Revisions: 1. The MOE Team witl prepare necessary materials to consutt with the WQICP to receive recommendations on the numeric goals and schedules, water quatity improvement strategies and schedules, and CWMA Analysis and outcomes 2. The CWMA Copermittees wilt consider revisions based on WQtCP comments/recommendations, if any 3. The MOE Team wilt make appropriate revisions, if any, to the materials prior to submittal to the RWQCB 4. Within 9-18 months, based on input from the CWMA Copermittees on schedute, the Team wilt prepare the materials identified above in the Deliverables section to turn in to the RWQCB 5. The RWQCB witl issue public notice with a minimum 30 day review of CWMA submittal 6. The CWMA Copermittees wiii consider revising the materiats based on public comments, if any 7. The MOE Team will make appropriate revisions, if any, to the materials 1.1.4 Water Quality Improvement Monitoring and Assessment Program In order to measure progress of the watershed focused programs, a targeted streamlined monitoring and assessment program is vital. With our team's regional and special studies monitoring experience, we witl be able to efficientiy and effectivety develop a monitoring program that meets the needs ofthe CWMA Copermittees. Water Quality Improvement Monitoring The Team will assess the existing water quality monitoring programs within the CWMA prior to initiating the development of the monitoring program. The assessment wilt include review of locat jurisdictional monitoring, speciai studies, regionat monitoring studies, and third-party monitoring efforts. While including the requirements set forth by MS4 permit in Section D, the Team witl maintain focus on the permit identified goal of the monitoring program: inform Copermittees about the relationship between the health of receiving waters and the water quality condition of the MS4 discharges. We betieve that leveraging existing and required water quality monitoring efforts to demonstrate measurable progress towards numeric goals is achievabte. The CWMA monitoring program wiii include all non-transitional monitoring requirements of MS4 Permit Provision D. The Team wiii use its experience in devetoping, implementing and reporting the existing annual regional monitoring program to help streamline the development process. Portions of the CWMA include a watershed area that is subject to the Bacteria TMDL The monitoring program wiii integrate a TMDL monitoring program for the San Marcos HA watershed. Special Studies The Team witl propose special studies that will fulfill the requirements of Provision D.3. of the MS4 Permit. The proposed special studies will focus on the CWMA HPWQCs and wilt include some form of participation by all Copermittees in the WMA. Special studies wilt be question-driven and may address a variety of topics including, water quality data gaps, effectiveness/efficiency of water quality Improvement strategies, and source and/or pollutant generating activity identification. The Team wiii account for regional efforts that address the priorities ofthe CWMA HPWQCs. The Team witl use its experience and knowtedge ofthe CWMA when considering special MOE Carlsbad Watershed Management Area Water Quality Improvement Plan Project June 6, 2013 Studies to propose to the Copermittees for inclusion in the WQIP. The Team will consider required and existing monitoring efforts in the design of speciai studies in order to identify possibte overiap and maximize resources. Assessment Program The Team wilt develop an integrated assessment program that assesses data collected from, at a minimum: monitoring programs; speciai studies; results of JRMP implementation; and implementation of optional watershed strategies. The purpose of the assessment program will be two-fold: demonstration of progress towards achieving numeric goats, and the identification of necessary modifications to the CWMA WQIP. The Team wiii use its experience in program development and assessment as the foundation for developing the CWMA integrated assessment program that will inctude the requirements of Provision D.4. ofthe MS4 Permit. 1.1.5 Water Quality Improvement Plan Submittal It is anticipated that two preiiminary drafts of the CWMA WQIP wilt be prepared for review and comment by the Copermittees. The timing of the drafts wilt be agreed upon when the detailed project schedule is established. Each preliminary draft witl be revised based on comments from the Copermittees. Each subsequent version, inctuding the final draft, witl be accompanied by a comment tabte that describes how each comment was addressed by the Team. The MOE Team witl prepare a final draft of the Cartsbad Watershed Management Area Water Quatity Improvement Plan for submittal to the CWMA Copermittees a minimum of three months prior to the due date of June 26*^ 2015. It is anticipated that this final draft version may be used to take to elected bodies (Councils and Board) as Informational items, for approval and/or adoption. The Copermittees wilt have a review period, agreed upon during the initiat project schedule setup. The Team will then review and consider alt comments received. A revised version of the WQIP, with an accompanying comment table that describes how the Team addressed each comment, witl be reissued to the Copermittees as a finai print draft. It is anticipated that no further significant changes to the document wilt be required beyond the final print draft. A final version of the CWMA WQIP wilt be submitted to the CWMA Copermittees no tater than Thursday, June 18th, 2015. Note: If the CWMA and Team agree upon an eariier submittal date, the abovementioned dates will be adjusted accordingly. Deliverables: 1. Finai draft of CWMA WQIP to the CWMA Copermittees by March 26*^ 2015 that inciudes alt requirements of Provision B ofthe MS4 Permit 2. Final version of CWMA WQIP to the CWMA Copermittees by June 18^ 2015 for submittal to the RWQCB Process and Revisions: 1. Submit the final CWMA WQIP to the RWQCB by June 26*^ 2015 that includes all requirements of Provision B ofthe MS4 Permit 2. The RWQCB will issue public notice with a minimum 30 day review ofthe CWMA WQIP 3. The CWMA Copermittees wtti consider revising the WQIP based on public comments, if any 4. The MOE Team wiii make appropriate revisions, if any, to the CWMA WQIP - revisions must be submitted within 60 days after the close of the public comment period 1.2 RFP Task 2: Public Process A consistent and transparent approach to the process is key to successful interaction with the public. The MOE Team will: schedute and facilitate stakeholder meetings; collect information and data; prepare and present retevant information and manage the overall public participation process as required by the MS4 Permit. As required in the MS4 Permit, the MOE Team will develop a publicly availabte and noticed schedute of the opportunities for the public to participate and provide comments during the WQtP development process. The Team has secured the www.cartsbadwatershed.org domain to communicate with the public during the WQIP e MOE Carlsbad Watershed Management Area Water Quality Improvement Plan Project June 6, 2013 development and implementation processes. Alternativety, a CWMA Copermittee may also utilize their own website to host webpage(s) containing the pubiic process information. The MOE Team proposes that the Copermittees devetop a Water Quatity Improvement Consuttation Panel (WQICP) that, at a minimum, meets the requirements of the MS4 Permit. CWMA Copermittees are aiso encouraged to develop work responsibitities for the WQICP members as well as basic criteria to be used to vet nominated members prior to selecting both primary and alternate members. The Team proposes to devetop these items with the CWMA Copermittees. The MOE Team proposes to have the public at targe communicate with the CWMA Copermittees through their "representatives" on the WQICP. The public's opportunities for input come at key times throughout the process: 1) selection of WQICP representative; 2) communications with representative; 3) public workshops; 4) submittal of data and information when solicited; 5) public release of documents by RWQCB for written comment. The Copermittees and MOE Team will host public workshops and WQICP meetings to sen/e as the mechanisms to provide opportunities for presenting materials to the public and to receive input for the WQIP process. Lewis Michaelson will provide the facilitation sen/ices. Lewis has been a primary and consistent element of the WQIP public process since the MS4 Permit reissuance process began in April 2012. Lewis' knowtedge base and unbiased approach to faciiitating pubiic participation processes were both in perfect form during the five RWQCB focused meetings and three WQIP Mock Development workshops for the Los Penasquitos WMA. Lewis' approach to facilitation has proven to be successful in the oftentimes controversial topic areas related to the content of WQIPs. The approach includes maintaining a transparent discussion between parties and ensuring that all parties have the opportunity to be heard. Lewis has "been around the block" with respect to what is relevant for the WQIP development and will provide cues to participants to maintain focused and productive discussions. The Team will manage the required soticitation of data and information from the public to be considered during distinct parts ofthe WQIP devetopment and update processes. The solicitation of data may come in a variety of formats and may occur once or severat times through the WQIP development as determined by the Copermittees. The solicitation(s) wilt inctude, at a minimum, data and information for: assessment of water quality conditions (including erosional impacts, i.e. hydromodification); and potential strategies to address the water quality conditions; recommendations for: potentiat numeric goals for the highest priority water quatity conditions for the CWMA; and strategies that shouid be imptemented to achieve the potential numeric goals. Additionat solicitations will be necessary when evaluating the WQIP for update purposes. The data, information and recommendations received from the pubiic (and other parties) wiii be used in the WQIP devetopment and updates, as described below. 1.3 RFP Task 3: Evaluation of Alternative Compliance Analysis feasibility - Provision B.3.b.(4) Water quatity improvement strategies inctude the myriad of Land Development requirements that the MS4 Permit includes in Provision E. However, in some cases, the Land Development requirements and standards as described in the MS4 Permit may not be the best or most appropriate in ail situations. Provision B.3.b.(4) ofthe MS4 Permit provides a mechanism for an anatysis to be conducted that could lead to the devetopment of watershed-specific requirements for structural BMP land development requirements. The task includes performing an evaluation of the Optional Watershed Management Area Analysis and Alternative Compliance as described in Provision B.3.b.(4) of the MS4 Permit. The evatuation witl inform the CWMA Copermittees of the options, risks, costs and benefits of completing the optionat WMA Analysis (aka Alternative Compliance Anatysis) for the CWMA. The Team wilt review appropriate guidetines and MS4 permits e MLOE Carlsbad Watershed Management Area Water Quality Improvement Plan Project June 6, 2013 as well as draw upon its experiences in the local land devetopment community to perform the evaluation. It is aiso proposed that the Team will hold a meeting with Copermittees' tand development staff to review and vet options, risks, resource impacts and benefits of imptementing Alternative Compliance and Hydromodification Management exemptions. Detiverable: 1. Summary memorandum of feasibitity anatysis. 1.4 RFP Task 5: IVIiscellaneous Activities Outside of responding to RWQCB correspondence, optionat miscetlaneous activities inctude: 1. Data coordination 2. Rigorous data analysis and/or modeling 3. Background research 4. Standardization 5. TMDL requirements 6. Preparation for regulatory hearings 7. Representing the CWMA at regionat meetings 8. Presenting to CWMA Copermittee City Councils as needed 9. Coordinating guest speakers 10. Researching watershed programs in other parts ofthe State or country At the request of the CWMA Copermittees, the Team witl perform the miscellaneous activities identified above on a task-by-task basis. Some specific discussion on rigorous anatysis/modeting is provided below. Rigorous Data Analysis/Modeling Our Team can support various data analyses and water quality condition assessments that can tend to the identification of priority goals for focusing the WQIP and associated management strategies. For similar efforts developing watershed management plans and Comprehensive Load Reduction Plans (CLRP), our team has successfully used resutts of data analyses to perform pollutant source and water quatity conditions assessments, develop site-specific water quality criteria, and present evidence for SDRWQCB decisions regarding 303(d) de- listings, interpretation of existing water quality objectives (e.g., dilution factors for stormwater discharges to ASBS; proposed high flow suspensions of REC-1 beneficial uses within City of San Diego), or de-emphasis of stormwater runoff as a contribution to 303(d) listings (e.g., PAHs, selenium, TDS). Our team can aiso use models to evaluate the impacts and costs of some of these pending SDRWQCB decisions, as in the case for the Chollas Creek CLRP where a modeling system was used to estimate the BMP costs with and without consideration of proposed water effects ratios (WERs) for metals (over $450B difference) and provide further justification to the SDRWQCB that the WER requires approvat prior to imptementation of the CLRP. Our team is experienced in a range of complex and simple models that are widely accepted by regulators, extensively peer-reviewed, and are within the public domain, and can assist the CWMA Copermittees in setecting and developing the appropriate approach that is taitored to the needs of the CWMA and witl be approved by the SDRWQCB. SCCWRP is currentiy developing models and numeric targets to support development of a TMDL for Loma Alta Slough. To prepare for the data collected to support model development, Tetra Tech supported USEPA and the RWQCB in the configuration models of seven lagoons: Loma Alta Slough, Buena Vista Lagoon, Agua Hedionda Lagoon, San Elijo Lagoon, Los Penasquitos Lagoon, Santa Margarita Lagoon, and Famosa Stough. SCCWRP has since foltowed the prescribed approach for modet devetopment to support the Loma Atta Slough TMDL Tetra Tech and AMEC further supported EPA and RWQCB to improve the understanding ofthe boundary conditions at Loma Alta Slough. The SCCWRP model over predicted dissotved oxygen (DO) in the stough, preventing accurate MOE Carlsbad Watershed Management Area Water Quality Improvement Plan Project June 6, 2013 source characterization and recommendations for implementation strategies. The suspected cause was tow DO fiow entering the estuary from the upstream creek. To determine whether unaccounted low DO flow from the creek was the reason the model over predicted DO in the estuary, Tetra Tech and AMEC conducted water quality monitoring and modeling of Loma Atta Creek during criticat conditions when excessive atgal growth resutts in nutrient and DO probtems. As a result, further study was recommended to establish the watershed sources of nutrients and assess groundwater contributions to the Slough. For Loma Alta Slough and other waterbodies in the CWMA, our Team can continue to support the Copermittees in their review of TMDLs and guidance for decision-making. Tetra Tech and AMEC have supported the City of San Diego in similar efforts, and have led 3^^* party TMDL development for Los Penasquitos Lagoon and Famosa Slough, and improvements to the Chotlas, Pateta, and Switzer Creek Estuary Toxicity TMDLs prior to their finalization by the RWQCB. If the CWMA Copermittees deem it necessary for the MOE Team to provide any miscettaneous activity services, the Team wilt prepare a brief scope and fee estimate to be approved prior to initiating work. With the exception of developing rigorous analysis or modeting, the proposed not to exceed amount for Task 5 services during Phase 1 is $60,000. Due to the comptexity of scoping rigorous anatysis or modeting efforts, the Team requests that if CWMA Copermittees etect to perform a rigorous anatysis or modeting, a more detailed process ensues to adequately scope and prepare cost estimates for such efforts. Our Team is futty prepared to meet with the CWMA Copermittees to further discuss these options. PHASE 2 1.5 RFP Task 6: CWMA Copermittee Coordination Mikhail Ogawa, as the Carisbad Watershed Coordinator, has continued to provide successful coordination and administrative sen/ices for the CWMA Copermittees under the Watershed Urban Runoff Management Program (WURMP) from 2007 to the present time. These services have inctuded setting monthty meetings, meeting facilitation, and the preparation and provision of meeting agendas and summary notes. Aiso as part of the Coordinator position, Mikhail has provided general coordination and lines of communication for ongoing activities throughout the CWMA - this has come in muttiple forms inctuding, recommending specific meeting agenda topics, and dissemination of information to watershed Copermittees. The Team proposes to continue to provide the same high tevel sen/ice MOE has been providing for the past six years. Our approach to the task is to maintain cost effective coordination. This begins with ctose coordination with the Lead Copermittee to set meeting agendas and discuss pertinent issues for the CWMA Copermittees. Mikhail will also communicate, for discussion with the CWMA Copermittees, regionat and statewide issues that MOE is aware of through our various experiences and exposure. The MOE Team is directly Involved with other WMA groups, non-profit environmental groups, regulators and other stakeholders tn the region. Through this involvement and experiences, the Team wilt, as appropriate, coordinate with these groups on behatf of the CWMA Copermittees. Coordination may inctude correspondence, setting up meetings, requests for review of CWMA documents, or to simpty share information and receive input. Deliverables for this task include, at a mmimum: (1) meeting agendas distributed one week prior to meetings; (2) meeting summaries that document decisions made by the CWMA Copermittees, topics discussed and action items - distributed within one week of meetings; and (3) technical materiats and draft documents for review and discussion by the group. 1.6 RFP Task 7: WQIP Updates The MOE Team assumes Task 7 is inclusive of preparing WQIP update information to be included in the WQIP Annuat Reports, as referenced in Provision F.2.C. Our Team betieves the required information for the WQIP Annual Reports, per Provision F.3.b.(3), is what is necessary to complete an adequate WQIP update. The Team ^HMOE Carlsbad Watershed Management Area Water Quality Improvement Plan Project June 6, 2013 considers the Annual Report submittal as the mechanism for presenting the WQIP update assessment and proposed changes. The MOE Team will collect the necessary data and information required to assess and update the CWMA WQIP on an annual basis per Provision F.2.C. of the MS4 Permit. The assessment will be based on the assessment strategies established in the WQtP. At a minimum, the assessment wilt re-evaluate the priority water quality conditions, numeric goals & schedules, strategies &. schedules, and monitoring & assessment programs. Working closely with the Copermittees, the Team may propose revisions to the priority water quatity conditions based on changing tong-term trends or overwhelming evidence that is counter to the priority water quality conditions established in the WQIP. Similarly, based on findings, the Team may propose adaptations to numeric goals and/or strategies and their schedules. Any recommendations will be accompanied by supporting rationales and evidence from the assessment. Similar to the Initiat WQIP devetopment process, the WQIP update public participation process is required to include: (1) solicitation of data, information and recommendations from the pubiic regarding WQtP updates; and (2) consultation with the WQICP on the proposed updates. The Team proposes to use a process simitar to the WQIP development to incorporate the public participation process - with the exception of the public workshops. The proposed updates, and supporting rationale, to the WQIP wilt be submitted to the WQICP for review. Deliverabtes: 1. Draft of CWMA WQIP Updates/Annual Report that includes att requirements of Provision F.2.C. of the MS4 Permit 2. Final version of CWMA WQIP Updates/Annual Report (or provide to ROWD effort) to the CWMA Copermittees for submittal to the RWQCB Process and Revisions: 1. Submit the final CWMA WQIP updates through the WQIP Annuat Report (or ROWD) process to the RWQCB that fulfills requirements of Provision F.2.C. and F.3.b.(3) 2. The RWQCB witl accept through written correspondence or through passive acceptance after 90 days 3. The CWMA Copermittees must revise the requested updates as directed by the RWQCB Executive Officer, ifany 4. The MOE Team wilt make appropriate revisions, if any, to the CWMA WQtP updates 5. The Team will make available the WQIP update on the selected Regionat Ciearinghouse within 30 days of acceptance In the event that a TMDL Basin Plan Amendment is approved by the Office of Administrative Law and USEPA, the Team will initiate an update to the WQIP within six months of approval or at the time of WQIP update, whichever occurs first. 1.7 RFP Task 10: Miscellaneous Activities If the CWMA Copermittees deem it necessary for the MOE Team to provide any miscetlaneous activity services, the Team will prepare a brief scope and fee estimate to be approved prior to initiating work. Wtth the exception of devetoping rigorous analysis or modeling, the proposed not to exceed amount for Task 10 services during Phase 2 is $80,000 over the four-year term. Due to the complexity of scoping rigorous analysis or modeling efforts, the Team requests that if CWMA Copermittees elect to perform a rigorous analysis or modeting, a more detailed process ensues to adequately scope and prepare cost estimates for such efforts. Our Team is fully prepared to meet with the CWMA Copermittees to further discuss these options. —^MOE Carisbad Watershed Management Area Water Quality Improvement Pian Project June 6, 2013 1.8 RFP Task 11: Contract Completion The MOE Team will provide, as requested and at the conclusion ofthe contract, electronic versions ofthe formal documents developed for the CWMA Copermittees. The documents will be provided in both PDF and originat format, e.g., Microsoft Excet, Microsoft Word, AutoCAD, ArcGtS, etc. 2 Project Organization and Key Personnel The MOE Team is comprised of tocat technicat experts in the field of urban runoff. All team members were selected for their knowledge of existing programs, "what's in their wheelhouse", as well as their abitity to be innovative, "thinking outside the box". The organizational structure of the Team that will be providing professional services is provided below. The role of managing the Team will be within Mikhait Ogawa's purview. This is not a role that Mikhail takes lightly. As a strong project manager, Mikhail witl work ctosely with the CWMA Copermittees and the Team staff to ensure a high level of efficiency and effectiveness. Frequent and transparent communication with the Copermittees and Team wilt enable the project to progress with minimal issues, both technicalty and contractualty. The Team members have worked together on a variety of projects in recent years. Davici PohLPhD,P.E. Technioal Advisor Carlsbad WMA CopermitlBes City of Carlsbad Lead CoparmMBe/PrajBCt Manager Mikhail Ofawa. P.E. MOE Team Project Manager Legend: Mikhail Ogawa Engineering (MOE) Tetra Tech AMEC Katz & Associates (K&A) ESA Tasks 1.2.5. 10 & 11 Tasks Leader Mikhail Ogawa, P.E Tasks Tasia Leader Eric: Mosolgo, P.E r ESA rv Associates Lewis Midiaelson Tania Fragomeno Kelly Barker Brett Gambto Steve Carter, P.E Alison Witheridge Supporting Team Staff Yvana Hrovat, P.E. Clint Boschen Chad Hehnle Jason Wright, P.E Dustin Bambic Andy Collison, PhD Brian Haines, MS, BT Roshan Chrlrtoph Jay Shrake TedVonBitner.PhD Jeremy Bums Kristina Schneider Khalil Abusaba, PhD TETRA TECH amecP MOE Teom Roles and Responsibilities MOE, as the prime consultant, wilt be the primary point of contact for the overatt project - including project management, QA/QC, ensuring Team work products meet regulatory compliance, budget management and management of sub-consuttants. MOE staff wilt be providing technical services in att tasks of the project, with an emphasis on coordination sen/ices, water quality priorities, poltutant sources, strategy development and document writing and delivery. ESA (a sub-consultant) staff will provide the technical advisory role to the CWMA and MOE Team. ESA staff witl also provide sen/ices in hydromodification management/ stream rehabilitation 12 e MOE Carlsbad Watershed Management Area Water Quality improvement Plan Project June 6, 2013 related tasks. Tetra Tech (a sub-consultant) staff witl provide services for regulatory strategy options; CWMA Analysis and hydromodification management related tasks; numeric goal setting and strategy development and scheduling. AMEC (a sub-consultant) staff will provide services in monitoring and assessment tasks, as well as programmatic strategy development. The proposed firms and staff are fully committed to completing the services required ofthis project, inctuding Phase 1 (two years) and Phase 2 (potentialty four years). Resumes of key personnel are attached to this proposal as Attachment 1. Sub-consultant letters of commitment will tie provided upon request. Mikhail Ogawa has served as the project manager on many multi-year as-needed services type projects similar to the WQIP development and implementation project. The Team has extensive experience in compteting project of similar scope and size. The projects identified in the fotlowing tabte demonstrate the depth and breadth of our relevant experience. Complete project descriptions for these projects are located in the resumes ofthe identified Team personnel. 3 Cost Estimate The table below is the Cost Estimate for Phases 1 & 2 ofthe project. The grand total cost estimate for Phases 1 & 2 is not to exceed $539,240. This estimate is for the term of the project, a total of five years and includes estimated annual hourly rate escalations. Project Cost Estimate RFP #13-07 Tasks Cost Estimate Phase 1 (Two Years - FYs 2014 & 2015) 1 Public Process $29,405 2 WQIP Preparation $199,662 3 Evaluation of Atternative Compiiance Analysis Feasibility $16,722 5 Miscetlaneous Activities $60,000 Sub-Total Phase 1 $305,789 Phase 2 (Three Years - FYs 2016 thru 2018) 6 CWMA Copermittee Coordination $44,300 7 WQIP Updates $108,144 10 Miscellaneous Activities $80,000 11 Contract Completion $1,007 Sub-Total Phase 2 $233,451 Project Total $539,240 13 MOE Carlsbad Watershed Management Area Water Quality Improvement Plan Project June 6, 2013 MOE TEAM RATE SCHEDULES MIKHAIL OGAWA ENGINEERING: HOURLY RATE SCHEDULE - EFFEaiVE APRIL 1,2013 Principal Engineer Senior Scientist Associate Scientist Mikhail Ogawa $129.00 Kelly Barker $115.00 Brett Gamble $105.00 Travel: Local mileage Current IRS rate REIMBURSABLE COSTS Subcontractors: Actual expense plus 5% Other Direct Costs: Actual expense plus 5% KATZ AND ASSOCIATES: HOURLY RATE SCHEDULE - EFFEaiVE JANUARY 1,2013 Sen/or Vice President Senior Account Executive Lewis Michaelson $225.00 Tania Fragomeno $150.00 Principal Stephen Carter. ,$214.11 Project IVIanagers Dustin Bambic $183.53 Chad Helmie $183.53 Senior Hydroiogist Eric Mosolgo $152.94 TETRATECH: HOURLY RATE SCHEDULE Senior Civii Engineers Jonathan Butcher $165.18 John Riverson $165.18 Associate Civii Engineers Jason Wright $128.47 Yvana Hrovat $128.47 Senior Water Resources Specialist Clint Boschen $149.89 Associate Water Resources Specialist Alison Witheridge $113.18 Junior Civii Engineer Merrill Taylor $91.77 Senior Program Manager David Pohl $190.00 ESA: HOURLY RATE SCHEDULE Senior Fiuviai Geomorphoiogist AndyCollison $180.00 Senior Associate Brian Haines .$180.00 AMEC: HOURLY RATE SCHEDULE - EFFEaiVE JANUARY 1, 2013 5en/orAssoc/ote Jay Shrake $185.00 Associates Khalil Abusaba $165.00 Kristina Schneider $165.00 Travel Expenses: Transportation, lodging Cost plus 15% Subcontractors: Cost plus 5% Associates Matt Rich $165.00 Ted VonBitner $165.00 Tommy Wells $165.00 Senior Staff Jeremy Burns $150.00 REIMBURSABLE COSTS Other Direct Costs: Cost plus 15% Unit Pricing (Lab analysis, rentals, etc.) Will be quoted separately Senior Staff Roshan Christoph $150.00 Technical Professionals Edith Moreno $125.00 Rachel Davenport $125.00 Miscellaneous Expenses 6% of labor charges Hourly rates for aii firms are subject to a 5% annual escalation, beginning January 1,2014. 14 MOE Carlsbad Watershed Management Area Water Quality improvement Plan Project June 6, 2013 4 Optional Services The MOE Team has extensive GIS capabitities and is prepared to provide GIS services to the CWMA Copermittees. Capabilities inctude general mapping and delineation services as well as analysis of geographicat information. The Team can use GIS mapping to generate linkable PDFs that use clickable hyperiinks to easily show complex information, such as water quality data on maps or accompanying tabtes. Another capabitity is the use of KML files: the Team can translate GIS shapefites (both point and polygons information) into KML fites that can be easity opened and viewed in Googte Earth. This approach is oftentimes very useful for quick viewing and analysis of the geographicat information. It also makes it easier to present information to the public via websites if desired by the CWMA Copermittees. Outside of the anticipated services to be provided through WQtP development and update services (which are accounted for in the cost estimates in Section 6 of this proposai) these optional services would be provided at the direction of the CWMA Copermittees. A placeholder estimate for these services over the term of the contract is $20,000. 5 Statement of unspecified value-added offerings As previously stated in the proposal, the MOE Team is comprised of a select group of firms. Each of the firms and the proposed staffing for the project have trusted reputations and reiationships with WQtP stakehotders inctuding but not limited to: (1) non-profit environmental groups; (2) regulatory agencies, e.g., RWQCB; and (3) buiiding industry representatives. These reputations and reiationships provide added value to the CWMA Copermittees. Stakeholders are more likely to be confident tn the necessary correspondence, interactions and work products of the MOE Team based on our existing reputations and relationships in the region. This transtates into transparent communications regarding content ofthe CMWA WQIP whtch witl facilitate a WQIP that will be accepted and approved by the stakeholders, including the RWQCB. 6 Addenda to this Request for Proposals The MOE Team has not received any addenda to RFP# 13-07 for Carlsbad Watershed Management Area (CWMA) San Diego Regionat Water Quality Control Board (RWQCB) Order No. R9-2013-0001 (Order) Water Quality Improvement Plan (WQIP) Development and Implementation dated May 14, 2013. 7 Exceptions to this Request for Proposals By submission ofthis proposai, the MOE Team certifies that it takes no exception to the contents of RFP# 13-07, including the City of Carlsbad's Standard Professionat Services Contract.