HomeMy WebLinkAbout2013-08-27; City Council; 21330; Award Contract Water Quality Improvement PlanCITY OF CARLSBAD - AGENDA BILL
AB# 21.330 AWARD CONTRACT FOR WATER QUALITY
IMPROVEMENT PLAN (WQIP) DEVELOPMENT
AND IMPLEMENTATION AND APPROPRIATE
FUNDS
DEPT. DIRECTORS^
MTG. 8-27-13
AWARD CONTRACT FOR WATER QUALITY
IMPROVEMENT PLAN (WQIP) DEVELOPMENT
AND IMPLEMENTATION AND APPROPRIATE
FUNDS
CITYATTY.
DEPT. PW
AWARD CONTRACT FOR WATER QUALITY
IMPROVEMENT PLAN (WQIP) DEVELOPMENT
AND IMPLEMENTATION AND APPROPRIATE
FUNDS
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2013-200 to award the contract for Water Quality Improvement Plan
(WQIP) Development and Implementation and appropriate funds.
ITEM EXPLANATION:
The CaHsbad Watershed Management Area (CWMA) (Hydrologic Unit 904) consists of the following
jurisdictions, collectively known as the CWMA Copermittees: City of Carlsbad, City of Encinitas, City of
Escondido, City of Oceanside, City of San Marcos, City of Solana Beach, City of Vista, and County of San
Diego. Urban runoff does not follow jurisdictional boundaries and often travels through many
jurisdictions while flowing to receiving waters. Therefore, the actions of multiple municipalities within a
watershed can have a cumulative impact upon shared receiving waters. Pursuant to California Regional
Water Quality Control Board, San Diego Region Order R9-2013-0001 (NPDES Permit No. CAS0109266),
Section B, the CWMA Copermittees are required to cooperate in the development and implementation of
a Water Quality Improvement Plan (WQIP). The goal is to attain the reasonable protection, preservation,
enhancement, and restoration of water quality and designated beneficial uses of waters of the state by
identifying and addressing the highest priority water quality issues/pollutants in the watershed.
The City of Carlsbad is serving as the Principal Watershed Copermittee for the CWMA beginning July 1, 2013,
and continuing for the life of Order No. R9-2013-0001, adopted May 8. As the CWMA Principal Watershed
Copermittee, city staff has agreed to manage a contract for a consultant to assist with development and
implementation of the WQIP. A Request for Proposals for CMWA WQIP Development and
Implementation was issued by the city on May 14. The city received proposals from two qualified bidders
and performed a best value evaluation with a rating panel comprised of staff representing four CMWA
Copermittees. The panel recommends awarding the contract to Mikhail Ogawa Engineering. Total
contract costs for FY 2013-14 are $200,000.
The initial period of the WQIP Development and Implementation contract will be one (1) year
commencing upon final execution of the contract. The contract may be amended to be extended for up
to four (4) additional one-year periods for a total term of five (5) years, and a total not to exceed cost of
$539,240 over the five (5) year term.
DEPARTMENT CONTACT: Elaine Lukey, 760-602-7582 elaine.lukey@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Page 2
FISCAL IMPACT;
An Agreement to Share Costs ofthe CWMA WQIP Development and Imptementation will be signed by all
Copermittees to fund the costs of the contract for FY 2013-14. Total contract costs for FY 2013-14 are
$200,000. As the Principal Watershed Copermittee, the city wilt collect an additionat non-refundable
administrative fee from each CWMA Copermittee equal to 5% of the total contract costs. The total
agreed-upon cost for FY 2013-14, including the 5% administrative fee, is $210,000.
Staff is requesting that the $167,400 collected from the Copermittees under the cost share agreement be
appropriated to the Storm Water Protection Program budget to fund contract expenditures. Under the
terms ofthe cost share agreement, Copermittees will be invoiced for their share at the beginning ofthe
contract period. It is anticipated that all expenditures and reimbursements will be completed before the
close of FY 2013-14.
The City of CaHsbad's proportionate share of costs for FY 2013-14 is $32,600. The expense is included in
the Storm Water Protection Program FY 2013-14 budget. Per Resolution No. 211-225, the City Manager
or designee has the authority to sign cost-share agreements in amounts less than $100,000 related to any
orders issued by water quatity regulatory agencies.
ENVIRONMENTAL IMPACT;
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and therefore
does not require environmental review.
EXHIBITS;
1. Resolution No. 2013-200 . to award a contract for Water Quality Improvement Plan Development
and Implementation and appropriate funds
2. Request for Proposals for CaHsbad Watershed Management Area (CWMA) San Diego Regional Water
Quality Control Board (RWQCB) Order No. R9-2013-0001 (Order) Water Quality Improvement Plan
(WQIP) Development and Implementation RFP# 13-07 and RFP Rating Sheets
3. Agreement for CaHsbad Watershed Management Area Water Quality Improvement Plan Development
and Implementation Services with Mikhail Ogawa Engineering
4. Agreement to Share Cost of CaHsbad Watershed Management Area Water Quality Improvement Plan
Development and Implementation FY 2013-14
1 RESOLUTION NO. 2013-200
2 A RESOLUTtON OF THE CITY COUNCIL OF THE CtTY OF CARLSBAD,
CALIFORNIA, TO AWARD A CONTRACT FOR WATER QUALITY
IMPROVEMENT PLAN (WQtP) DEVELOPMENT AND
4 IMPLEMENTATION AND APPROPRIATE FUNDS
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6 WHEREAS, Copermittees within the CaHsbad Watershed Management Area (CMWA) are
7 required to cooperate in the devetopment and imptementation of a Water Quatity
8 Improvement Plan (WQtP) pursuant to California Regional Water Quality Control Board, San
9 Diego Region Order R9-2013-0001 (NPDES Permit No. CAS0109266), Section B, and;
10 WHEREAS, City of CaHsbad staff has agreed to provide contract management services as
11 the Principal Watershed Copermittee for the CWMA, and;
12 WHEREAS, a Request for Proposals for CMWA WQtP Development and Imptementation
13 was issued by the City of CaHsbad on May 14; and
14 WHEREAS, the city received proposals from two quatifled bidders and performed a best
15 value evaluation with a rating panel comprised of staff representing four CWMA Copermittees,
16 and;
17 WHEREAS, staff recommends awarding the CMWA WQIP contract to Mikhail Ogawa
18 Engineering based on the results ofthe best value evaluation, and;
19 WHEREAS, the initial period ofthe WQIP Implementation and Development contract wilt
20 be one (1) year commencing upon final execution ofthe contract with the option to amend the
21 contract to extend it for up to four (4) additionat one-year periods as per City of CaHsbad
22 contracting practices for a total term of five (5) years, and;
23 WHEREAS, total contract costs for FY 2013-14 are $200,000, and;
WHEREAS, an Agreement to Share Costs of the CWMA WQtP Development and
Implementation wilt be signed by all CMWA Copermittees to fund the costs of the contract,
and;
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1 WHEREAS, As the Principal Watershed Copermittee, the city will coltect an additional
2 non-refundable administrative fee from each CWMA Copermittee equal to 5% of the total
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contract costs, making total agreed-upon cost for FY 2013-14 $210,000, and;
4
WHEREAS, staff is requesting that the $167,400 collected from the Copermittees under
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, the cost share agreement be appropriated to the Storm Water Protection Program budget to
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7 fund contract expenditures, and;
8 WHEREAS, the City of CaHsbad's proportionate share of costs for FY 2013-14 is $32,600
which is included in the Storm Water Protection Program FY 2013-14 budget.
NOW, THEREFORE, BE iT RESOLVED by the City Council of the City of CaHsbad,
California, as follows that:
1. The above recitations are true and correct.
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and Imptementation services in the amount of $200,000 is hereby approved.
3. The Mayor is hereby authorized and directed to execute a professional services
agreement with Mikhail Ogawa Engineering for and on behalf of the City of CaHsbad.
14 2. The Agreement for CaHsbad Watershed Management Area (CWMA) Development
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19 4. The Administrative Services Director is authorized to appropriate $167,400 received
20 from the Copermittees under the terms of the cost share agreement to the Storm
21
Water Protection Program budget.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Cartsbad on the 27*^ day of August, 2013, by the fotlowing vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
ATTEST:
BARBARA ENGLESON, City Clerk
REQUEST FOR PROPOSALS
FOR
Carlsbaci Watershed Management Area (CWMA)
San Diego Regional Water Quality Control Board (RWQCB)
Order No. R9-2013-0001 (Order)
Water Quality Improvement Plan (WQIP)
Development and Implementation
RFPtt 13-07
Release Date: May 14,2013
Due Date: June 6, 2013 at 12 p.m.
CITY OF CARLSBAD
Property and Environmental Management Department
Environmental Management Division
1635 Faraday Ave.
Carlsbad, CA 92008
THE CITYOF CARLSBAD ENCOURAGES THE PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES
1
(o
REQUEST FOR PROPOSALS TO PROVIDE SERVICES
Introduction
The Carisbad Watershed Management Area (CWMA) (Hydrologic Unit 904) is approximately
211 square miles. The CWMA is bordered by the San Luis Rey River Watershed to the north and
by the San Dieguito River Watershed to the south. It reaches inland nearly 24 miles to just
northeast of Lake Wohlford. The CWMA is comprised of six Hydrologic Areas (sub-watersheds):
Loma Alta, Buena Vista Creek, Agua Hedionda, Encinas, San Marcos Creek, and Escondido
Creek. The watershed contains four major coastal lagoons: Buena Vista, Agua Hedionda,
Batiquitos, and San Elijo.
The CWMA consists of the following jurisdictions, collectively known as the CWMA
Copermittees:
1. City of Carisbad 5. City of San Marcos
2. City of Encinitas 6. City of Solana Beach
3. City of Escondido 7. City of Vista
4. City of Oceanside 8. County of San Diego
The City of Carisbad has agreed to serve as the Lead agency for the CWMA beginning July 1,
2013, and continuing for the life of Order No. R9-2013-0001, adopted May 8, 2013. It is
anticipated, but not guaranteed that the selected firm(s) wilt assist the CWMA Copermittees
with meeting compliance requirements through annuat contract renewals until the next Order
is adopted or through the end of fiscat year 2019, whichever occurs first.
Information on the Carlsbad Watershed:
http://www.proiectcleanwater.org/html/ws carisbad.html
The City of Carlsbad, CA, is a scenic coastal community in northern San Diego County, with a
poputation of just over 100,000 and an annual budget of approximately $260 mitlion. The city is
a municipal corporation with a council/manager form of government that provides the full
range of city services, including public safety, utilities, library and arts, housing and
neighborhood services, parks and recreation, and community and economic development. The
City of Carisbad is known for its commitment to providing high quality services while
responsibly managing its resources. In Carlsbad, 97 percent of residents are happy with their
quality of life, and 94 percent are satisfied with city services. The city takes an active role in
communicating with the community by fostering mutually beneficial relationships with its
stakehotders and ensuring a responsive government that earns a high levei of public
confidence.
Information on the City of Carisbad:
http://www.caHsbadca.gov
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Best Value Evaluation
In accordance with the CaHsbad Municipal Code, awards shalt be based on a best value
evaluation. A selection committee representative of the CWMA Copermittees wilt perform the
evaluation. Criteria used for the evatuation will include, but is not limited to, experience and
references, understanding of project and tasks, quality of work/proposal, adherence to
schedule, past performance in similar projects, familiarity with geographic project area and
cost. The vendor with the lowest responsive quote may not be awarded this contract. The City
of Carlsbad reserves the right to reject any or all bids or any part of the bid, to waive minor
defects or technicalities, to award multiple contracts, or to solicit new bids on the same project
or a modified project.
Responsive vendors may be asked to attend an interview to help the city in its selection.
Contract
The successful vendor(s) wilt be expected to sign a contract. A sample contract is attached as
Exhibit "B". Please read the insurance requirements and general provisions carefully. The
successful vendor(s) must provide indication that it will carry all applicable business insurance
coverage and licenses and will comply with all indemnity provisions. The final contract will
include this request for proposals and the successful vendor's response. Please do not execute
the contract at this time.
Schedule
The following schedule is tentative, and subject to change:
May 14 Issue RFP
May 21 Questions submission deadline
May 24 Answers to questions posted
June 6 Proposal submission deadline
June 20 Interviews (if necessary)
June 21 - July 12 Selection, notification and award of contract
July 15 Begin contract period
ProDosal submission deadline
To be considered for selection, a proposal must be received on or before 12 p.m.. Thursday.
June 6.2013 to:
Craddock Stropes
Management Analyst
City of Carlsbad
1635 Faraday Ave.
Carisbad, CA 92008
Proposals may be submitted by mail or delivered directly to the above address prior to the
deadline. Proposals must be cleariy marked "Carisbad Watershed Management Area Program
RFP #13-07"
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Questions
All questions must be submitted in writing to Craddock Stropes, Management Analyst, via email at
craddock.stropes(5)carisbadca.gov on or before 12 p.m., Tuesday, May 21, 2013. No phone calls
will be accepted. Proposers are responsible for verifying that the city has received questions
submitted in a timeiy manner. Questions will be answered in writing by 5 p.m., Friday, May 24,
2013 and will be distributed to all bidders via the city website.
The City ofCarlsbad uses eBidboard, a web-based bid management service, to post information
about current projects, addendum notices and bid results. Proposers must register through the
city website to receive the most current information regarding this RFP, including responses to
any questions received. Visit www.carisbadca.gov/business/contracting for more information.
Any change in the RFP will be made only by written addendum, duly issued by the City of
Carlsbad and posted (http://www.carlsbadca.gov). It is the proposer's responsibility to ensure
that they frequent the city's website to guarantee that they receive all required RFP content.
Proiect background and scope of services
Please reference Exhibit ''A''Scope of Services for detailed task information.
As the CWMA lead jurisdiction, the City of Carisbad is responsible for managing a consultant(s)
to assist with compliance of the Order in 2 phases:
• Phase 1 WQIP Development
• Phase 2 WQIP Implementation
The Order states that the CWMA must develop a WQtP, the goat of which is to attain the
reasonable protection, preservation, enhancement, and restoration of water quatity and
designated beneficiat uses of waters of the state. Urban runoff does not follow jurisdictional
boundaries and often travels through many jurisdictions white flowing to receiving waters.
Therefore, the actions of multiple municipalities within a watershed can have a cumulative
impact upon shared receiving waters. The mechanism that the Order uses to require
watershed collaboration is the development of the WQIP. The purpose of the WQIP is to
identify and address the highest priority water quality issues/pollutants in the watershed.
This scope assumes that the CWMA Copermittees witl be participatory in the above activities.
Each CWMA Copermittee shall assign one person to serve as their representative to
participate in watershed meetings, oversee the implementation and reporting of activities in
their respective jurisdictions, assist with development of specified sections of the WQIP and any
required reporting, and wilt review and comment on work products. The Watershed Lead (City
of Carlsbad) will administer any necessary consultant contracts, represent the CWMA at
regional Copermittee meetings as necessary and possibly in conjunction with a consultant,
liaise with the SDRWQCB as necessary, and provide delivery of any WQIP related documents
required by the Order.
Format
Please review the entire request for proposals before submitting your proposal. Submissions
that are incomplete or do not follow the directions and format in the request for proposals may
be rejected as non-responsive.
Proposers shall provide one original and four copies of their submissions. Submissions shall be
presented in the following format:
• 814 X 11 white paper, double sided
• A maximum of 25 readable pages, or 13 double-sided pages. If a consultant chooses to
only submit for one of the two phases, maximum pages are 13 readable or seven
double-sided. Resumes are not included in the maximum page count.
• Stapled in the upper left corner
• A cover page with the following information:
o Name and address of the firm
o Date of submission
o Title: Carlsbad Watershed Management Area Program
o Name, title, email address and signature of an individual authorized to enter into
contracts on behalf of the firm
Proposal Content
The following items must be submitted with the proposal. Please include this information in
the order listed. Omissions may be cause to consider a submittal non-responsive at the city's
sote discretion.
Executive summary
Include a one to two page overview of the entire proposal describing the most important
elements of the proposal.
Identification ofthe Proposer
• Legal name and address of company
• Legal form of company (partnership, corporation, joint venture, etc.). If joint venture,
identify the members of the joint venture and provide all information required within
this section for each member.
• If company is wholly-owned subsidiary of "parent company."
• Address(es) of office(s) working on this project.
• Name, title, address and telephone number of the person to contact concerning the
proposai.
Experience and Technical Competence
a. Describe the proposer's experience in completing similar consulting efforts. List three
(3) successfully completed projects of a similar nature, with the name of the company
and project manager, telephone numbers, email addresses, type of work performed,
and value of consulting contracts, as references. Projects currently being performed
may be submitted for consideration.
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Proposed Method to Accomplish the Worli
a. Describe the technical and management approach to the project, specifically, describe
how each task described in Scope of Services will be executed including all components
and subcomponents of the Order. An understanding of and ability to comply with the
project schedule must be included. Include, if appropriate, recommendations for ways
to more effectively accomplish the goats set forth in this RFP.
b. Describe the proposer's ability to facilitate meetings, provide agendas and meeting
summaries and provide general coordination of ongoing activities ofthe CWMA.
Knowledge and Understanding of Local Environment and Issues
a. Describe the proposer's experience working in the locat environment and proposed local
presence for interfacing with the city's Project Manager and staff of jurisdictions in the
CWMA. Consultant should have an understanding of local government operations and
management decisions that will infiuence contract tasks. If applicable, indicate how
local firms are being utilized to ensure a strong understanding of tocal laws, ordinances,
regulations, policies, requirements and permitting.
b. Describe how the proposer can assure the city that they will gain an understanding of
the local issues and be able to incorporate them, as necessary, into the work activities.
Project Organization and Key Personnei
a. Describe the proposed project organization, including identification and responsibilities
of key personnel. Indicate the role and responsibility of prime consultants and all sub-
consultants. Indicate the extent of the commitment of key personnei for the duration of
the project and furnish resumes of key personnel. Provide an indication of the staffing
tevel for the project. The city's evatuation of the proposal will consider the proposer's
entire team; therefore, if contracted, no changes in the team composition will be
allowed without prior written approval of the city. Sub-consultant letters of
commitment may be required.
b. Provide detailed description of the experience of the consultant's project team,
including the team's project manager, and other key staff members, on projects of
similar size, scope, and dollar value. For each similar project, include the client's name
and telephone number.
Cost Estimate
a. Complete Attachment 1 - Cost Estimate Worksheet. Provide an estimate of the total
direct and indirect costs to complete all tasks identified in Exhibit "A" Scope of Services
including all components and subcomponents of the Order. Itemize each task listed in
the scope of services, and associated subtasks (corresponding to major components and
subcomponents of the Order). Add additional rows to the Cost Estimate Worksheet, as
needed.
b. Submit a subconsultant list, detailing all subconsultants for this project, scope of work,
and approximate percentage of the work (as a percentage of the total award to the
prime consultant).
II
Because the WQIP is a new permit requirement, there is no established budget amount. It is
the desire of the City of Carisbad and the CWMA Copermittees to hire a consultant(s) that will
best meet the needs of the CWMA. Cost will be a factor considered in evaluating all proposals.
Cost information must be presented in the format required, with each task estimated
separately and subtotaled by phase per the template in Attachment 1. Multiple consultants
may be selected to work on these activities.
Optional Services
Describe the proposer's ability to provide GIS capabilities as needs arise. These may include
mapping pollutant sources (such as business locations), providing point data files in ESRI
shapefite format, including water quality data on maps, or a combination of these types of
activities. Please submit a separate cost estimate in this section; do not include these Option
Services in Attachment 1 - Cost Estimate Worksheet.
Statement of unspecified value-added offerings
List items or services being offered, if anv. in addition to those required by the attached
requirements and scope of work and state how those items or services provide added value to
the city at no additional cost. If none, please state "none."
Addenda to this Request for Proposals
The proposer shall confirm in its proposal the receipt of all addenda issued to this RFP, if any
exist. The proposer is not required to include copies of the actual addenda in its proposal, but
must include a signed acknowledgement of receipt of all addenda issued to this proposal, if any
exist.
Exceptions to this Request for Proposals
The proposer shall certify that it takes no exception(s) to this RFP, inctuding but not limited to
the city's Standard Professional Services Contract, as attached. If the proposer does take
exception(s) to any portion of the RFP, the specific portion of the RFP to which exception(s) is
taken shall be identified and explained.
Legal and Contractual Guidelines
By virtue of submitting a proposal, interested parties are acknowledging:
• The City of Carlsbad reserves the right to reconsider any proposal submitted at any
stage of the procurement. It also reserves the right to meet with select proposers at any
time to gather additional information.
• The City of Carlsbad reserves the right to reject any or all proposals and to waive
technicalities and informalities when such waiver is determined by the city to be in their
best interest.
• When responding to this RFP, please follow all instructions carefully. Please submit
proposal contents according to the outline specified and submit all hard copy and /or
electronic documents according to the instructions. Failure to follow these instructions
may be considered an unresponsive proposal and may result in immediate elimination
from further consideration.
Retention of Proposals
All proposals submitted become the property ofthe City of Carlsbad and therefore will be in the
public domain upon completion of the RFP and vendor selection process. The City of Carisbad
will maintain one copy of each response submitted for a period of two years.
Assignment
The vendor may not reassign any award made as the result of this RFP without prior written
consent from the City of Carisbad, whose sole discretion may not be challenged or disputed.
Scope Changes, Additions and Deletions
All changes in proposal documents shall be through written addendum. Verbal information
obtained otherwise will NOT be considered in the award process.
Proprietary Information
Any restrictions on the use of data contained within a proposal must be clearly stated in the
proposal itself. Proprietary information submitted in response to this RFP wilt be handled in
accordance with applicable City Procurement Regulations and the California Public Records Act.
If you have proprietary information, products or services, please identify them in your proposal.
Response Materials Ownership
All materials submitted regarding this RFP become the property of the city. Responses may be
reviewed by any person after final selection has been made. The city has the right to use any or
all system ideas presented in reply to this request, subject to the limitations outlined in
proprietary information above. Disqualification of a proposer does not eliminate this right.
Incurring Costs
The city is not liable for any cost incurred by proposers prior to issuance of an agreement,
contract or purchase order.
Contract Award
The award of the contract to the successful vendor will be in accordance with, but not limited
to, the results of the city's evatuation. Final approval of selected vendor and award of purchase
lies with the City of Carisbad City Manager and/or City Council.
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EXHIBIT "A"
Scope of Services
CWMA WQIP Development and Implementation
This scope is based on the best available information at the time of issuance of this RFP. The
scope is subject to change based on the final Order. All or only a portion ofthe tasks included
here may be awarded, as determined by the CWMA Copermittees.
PHASE 1
TASK 1 WQIP Development
WQIP development will consist of preparing a project schedule and coordinating meetings and
discussion with the CWMA Copermittees to attain this schedule. This will include writing the
WQIP for the CWMA, collecting and adding JRMPs and submittal of final work product to
RWQCB. This must include all requirements of the Order including major components and
subcomponents. Deliverables include:
• Project schedule
• Any documents or analyses needed by the CWMA Copermittees to make decisions and
meet regulatory requirements
• "Final Draft" regulatory documents submitted to the CWMA Copermitees 3 months
prior to Order due date
• Final regulatory documents submitted to the CWMA Copermittees 7 calendar days prior
to Order due date
TASK 2 Public Process
This task will include faciiitating the public process as required in the Order and agreed upon by
CWMA Copermittees. This may include but is not timited to scheduling and facilitating
stakeholder meetings, collecting data, making presentations, and managing the overall process.
TASK 3 Evaluation of Alternative Compliance Analysis feasibility
This task would include performing research and an anatysis to help determine if an Alternative
Compliance Analysis as described in the Order is appropriate for the CWMA. This research
should be based on the Order but include a comparison to other permits (eg LA MS4 permit)
and EPA guidelines for Watershed Management Area Analysis, tt should include options, risks
and costs of performing or not performing this anatysis.
TASK 4 Perform Optional Watershed Management Area Analysis
Dependent on the outcome of Task 3, this task includes the devetopment of a Watershed
Management Area Analysis for the CWMA, as described in the Order. The Watershed
Management Area Analysis should use existing data such as annual reports, TMDL compliance
documents, previously conducted watershed modeling, monitoring projects from each CWMA
Copermittee, among others, as much as possible.
TASK 5 Miscellaneous Activities
This task is included to provide for miscellaneous tasks that the CWMA Copermittees deem
necessary to be provided. This task may include data coordination, rigorous data analysis
and/or modeling, background research, standardization, TMDL requirements, response to
RWQCB correspondence, preparation for regulatory hearings, representing the CWMA at
regional meetings, presenting to CWMA Copermittee City Councils as needed, coordinating
guest speakers, and/or researching watershed programs in other parts of the State or country.
PHASE 2
TASK 6 CWMA Copermittee Coordination
This task consists of coordinating the ongoing activities of the CWMA Copermittees, which
includes organizing and facilitating meetings at a minimum frequency of monthly, unless agreed
to by members as less frequently. Specific activities include coordinating speakers, preparing
agendas and meeting summaries, coordinating with other watershed groups, non-profit
environmental groups, and other stakeholders in the region as needed. It can be assumed that
meetings will be held at the City of Carisbad municipal offices at the Faraday Center. In
addition, coordination with the Lead Copermittee at an estimate of 2 hours/month is required.
Deliverables:
1. Meeting agendas to be distributed one week prior to meetings
2. Meeting summaries to document decisions made by CWMA Copermittees and topics
discussed, to be distributed within one week of meetings
3. Technical materials and draft documents for review and discussion
TASK 7 WQIP Updates
This task includes preparing and distributing the draft WQIP Updates to all CWMA Copermittees
for submittal to the SDRWQCB or as part ofthe ROWD, as required by the Order.
TASK 8 Optional Basin Plan Amendments
Consultant will review the Basin Plan to determine where changes and/or corrections may be
needed within the CWMA. These may inctude changing Recreational Standards of waterbodies
or redefining waterbodies and tributaries more accurately. The composition and submittal of
appticable Basin Plan Amendments would be performed under this task, inctuding any follow-
up or additional information required.
TASK 9 Optional 303(d} Delisting Applications
This task would require the review and evaluation of the most recent 303(d) listed waterbodies
for possible delisting opportunities. Existing monitoring data will be compiled and evaluated by
the consultant for data gaps and to determine how much and where additional monitoring
should be performed with approval of CWMA Copermittees. Applicable delisting applications
will be composed and submitted to the SDRWQCB on behalf of the CWMA.
TASK 10 Miscellaneous Activities
This task is included to provide for miscellaneous tasks that the CWMA Copermittees deem
necessary to be provided. This task may include data coordination, rigorous data analysis
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and/or modeling, background research, standardization, TMDL requirements, response to
RWQCB correspondence, preparation for regulatory hearings, representing the CWMA
Copermittees at regional meetings, presenting to CWMA Copermittee City Councils as needed,
coordinating guest speakers, researching watershed programs in other parts of the State or
country and review, compilation and submittal of 303(d) delisiting applications and/or basin
plan amendments.
TASK 11 Contract Completion
This task requires consultant to provide all formal documents to the lead Copermittee at end of
contract period electronically in original format and PDF, or as directed by the CWMA
Copermittees.
11
lip
ATTACHMENT 1 - COST ESTIMATE
Work Item Total staff hours Total labor costs
Total
Reimbursables TOTAL COSTS
PHASE 1
Task 1 WQIP Preparation
Component
Subcomponent
Task 2 Public Process
Task 3 Analysis on Optional Compliance Options
Task 4 Perform Optional Watershed Management Area Analysis
Task 5 Miscellaneous Activities
PHASE I Subtotal
12
n
Work item Totai staff hours Total labor costs
Total
Reimbursables TOTALCOSTS
PHASE 2
Task 6 WQIP Agency Coordination
Task 7 WQIP Updates
Task 8 Optional Basin Plan Amendments
Task 9 Optional 303 d) Delisting Applications
Task 10 Miscellaneous Activities
Task 11 Contract Completion
PHASE 2 Subtotal
TOTAL PROPOSAL COST (PHASE 1 + PHASE 2)
Staff hourlv rates
Please list all staff by title and indicate hourly rate.
13
IS
EXHIBIT "B"
AGREEMENT FOR (INSERT TYPE OF PROFESSIONAL SERVICES) SERVICES
(NAME OF CONTRACTOR)
DO NOT EXECUTE THE CONTRACT AT THIS TIME.
THIS AGREEMENT is made and entered into as of the day of
, 20 , by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and , a ,
("Contractor").
RECITALS
A. City requires the professional services of i.
that is experienced in
B. Contractor has the necessary experience in providing professional services and
advice related to .
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
Metropotitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The tenTi of this Agreement will be effective for a period of from the date first above
written. The City Manager may amend the Agreement to extend it for additional
year periods or parts thereof in an amount not to exceed
dollars ($ ) per Agreement year.
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 ofthe 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 tenn will be
dollars ($ ). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. The City reserves the
14
J9
right to withhold a ten percent (10%) retention until City has accepted the work and/or Services
specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor witl 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 wilt be
under control of City only as to the result to be accomplished, but wilt 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
withholdings 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 will be fully responsible to City for the acts
and omissions of Contractor's subcontractor and of the persons either directty or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directty
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 wilt bind every subcontractor and every subcontractor of a
subcontractor by the tenns of this Agreement applicabte to Contractor's work untess specificalty
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, officiats, emptoyees
and volunteers from and against all claims, damages, losses and expenses including attorney's
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 behatf 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 tennination of this 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
15
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
insurance carrier admitted and authorized to do business in the State of California. The
insurance can-ier is required to have a current Best's Key Rating of not less than "A-iVII". 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. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate witl 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 witl 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. Additionat Provisions. Contractor witl ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City witl be named as an additionat 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 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
16
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 any time,
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 cleariy 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 altow inspection of att
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
All 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 tenninated, alt work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement witl be delivered at once to City. Contractor witl have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that att copyrights that arise from the services will be vested in City and
Contractor relinquishes alt 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 Name
Title Title
Department Address
City of Carisbad
Address Phone No.
Email
Phone No.
17
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.
16. CONFLICT OF INTEREST
Contractor shall fite a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will 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 applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the 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 all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the perfonnance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othenA/ise 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 fonwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the tetter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded
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 witl be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at taw.
20. TERMINATION
tn 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 detennine the final payment of the
Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product
18
^3
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
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 employed 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 will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of the 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. If 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 tenninate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will 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
It is mutually understood and agreed that this Agreement wilt 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 refemed 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. In case of conflict, the tenns
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.
19
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and wan-ant that they have the legal power, right and actual authority to
bind Contractor to the tenns and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) City Manager or Mayor or Division Director
as authorized by the City Manager
(print name/title)
ATTEST:
By:
(sign here) BARBARA ENGLESON
City Clerk
(print name/title)
tf required by City, proper notarial acknowledgment of execufion 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 officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELtA A. BREWER, City Attorney
BY:
Assistant City Attorney
20
as
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 28th day of
August , 2013, by and between the CtTY OF CARLSBAD, a municipal
corporafion, ("City"), and MIKHAIL OGAWA ENGINEERING, a sole proprietorship,
("Contractor") for the Carisbad 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 quatity improvement plan devetopment and implementafion.
B. Contractor has the necessary experience in providing professional services and
advice related to water quatity improvement plan devetopment 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 witl exercise the reasonable professionat 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) addifional 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 compensafion 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 catling, 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 emptoyees of City for any purposes.
The payment made to Contractor pursuant to the Agreement witl be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, emptoyees or subcontractors. City witl 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 behatf 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,
tf Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directty or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
emptoyed 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 witl bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicabte 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
indirecfiy 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 witl survive the expirafion or earty termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and alt
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
9^1
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-:Vtt". OR
with a surplus tine 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 betow, 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 obtigations under this
Agreement. City, its officers, agents and emptoyees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor, tf Contractor betieves that any required insurance coverage is inadequate,
Contractor wilt 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. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv. (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 Employer's Liabilitv. Workers' Compensafion
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 Liability. 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 ofthe 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 addifional 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 wilt 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 exisfing 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 Carisbad 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 cleariy 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
All work product produced by Contractor or its agents, emptoyees, 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 will 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.
16. 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 Carisbad San Diego, CA 92130
Address 1635 Faraday Ave Phone No. 619-994-7074
Carisbad, CA 92008 Email mikhail@mogawaeng.com
Phone No. 760-602-7584
Each party will notify the other immediately of any changes of address that woutd require any
notice or delivery to be directed to another address.
City Attorney Approved Version 1 /30/13
^1
16. CONFLICT OF INTEREST
Contractor shall file a Confiict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Confiict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor witl 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 witl 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 applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and wilt compty 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 witl compty with all applicable local, state and federal laws and regulations prohibiting
discriminafion 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 forwarded to both
parties involved along with recommended methods of resolution, which woutd be of benefit to
both parties. The representative receiving the tetter will reply to the letter along with a
recommended method of resolufion within ten (10) business days. If the resolufion thus
obtained is unsatisfactory to the aggrieved party, a tetter outlining the disputes wilt be fon^/arded
to the City Manager. The City Manager wilt 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 wilt
prohibit the parties from seeking remedies avaitable to them at taw.
20. TERMINATION
tn 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. In this event and upon request of City, Contractor witl assemble the work product
and put it in order for proper filing and closing and deliver it to City. Contractor wilt 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 will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of the 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, inctuding 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 law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will 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
It is mutually understood and agreed that this Agreement witl 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,
atong 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. In case of
confiict, 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
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 terms and condifions of this Agreement.
CONTRACTOR
MIKHAIL OGAWA ENGINEERING, a sole
proprietorship
By:
CITY OF CARLSBAD, a municipal
corporation of the State of Califomia
By:
f Mayor
Mikhait Ogawa, sole proprietor
(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, tf a corporation. Agreement must be signed by one corporate officer from each of the
fotlowing 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 ofricer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELtA A. BREWER. City Attorney
J
BY:_^* / 'J «
Assistant City Attomey
City Attorney Approved Version 1/30/13
Exhibit "A"
Proposal to Provide Professional Servicesfor
Carlsbaci Watershed Management Area Program
Prepared by:
Mikhail Ogawa Engineering
3525 Del Mar Heights Road #429
San Diego, California 92130
MCZ>E
MIKHAIL OOAWA tNliINtitRINO
in conjunction with:
TetraTech | ESA | AMEC | Katz & Associates
It TETRA TECH I
CSj^ Associates
Respectfully Submitted on:
June 6^ 2013
Mikhail Ogawa, Principal Engineer
mikhail@mogawaeng.com
Carisbad Watershed Management Area Water Quality Improvement Pian Project June 6, 2013
1 Proposed Method to Accomplish the Work
The general approach to the WQIP devetopment process wilt 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; develop initial goals; potential
strategies to address the conditions for each of the waterbody tributary areas (initiatty in a matrix
format); and develop Initial schedules associated with the strategies to achieve the goats.
• Once the initial conditions, goats, strategies (jurisdictional and watershed) and schedules are
established, the Team wilt work with CWMA Copermittees to evatuate and prioritize the options
(because we "can't do everything everywhere") to determine which will be further analyzed to finalize
the WQIP process.
• The technical approach below is intended to be conducted on geographical scates that make sense.
Appropriate scales of anatysis and presentation will be confirmed with the CWMA Copermittees and
may be revised through the WQtP development process based on the outcomes ofthe analyses. Various
scales may include the entire CWMA, Hydrologic Areas, Hydrologic Sub-Areas, or smatter tributary areas.
The drivers behind the determination of scale are pottutant-waterbody combinations, sources and
pollutant generating activities and ability to demonstrate progress towards goals estabtished in the
WQIP.
• Monitoring and Assessment programs wilt be developed to best demonstrate the progress towards
achieving the established goals. These programs witl also be designed to inform the CWMA
Copermittees when strategies may be ineffective or need modifications.
The foltowing sub-sections describe the technicat 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 CI/I/MA Copermittees.
PHASE 1
1.1 RFP Task 1: WQIP Development
The approach to WQIP Development is described in the sub-sections betow.
1.1.1 WQIP Development Project Schedule and Meetings
The MOE Team wilt prepare a detailed project schedule to be reviewed and approved by the CWMA
Copermittees. The general project milestones are identified in Figure 1 below. Detaits to be provided in the
schedule wilt include, at a minimum: (1) project kickoff meeting; (2) formafion of the Water Quality
Improvement Consultation Panel (WQICP); (3) public workshops; (4) solicitation of data, information and
recommendations; (5) meetings with CWMA Copermittees; (6) draft documents and anatysis for review by
CWMA Copermittees; (7) review periods; (8) meetings with and/or submittats to WQtCP; (9) compliance
submittai dates, and (10) anticipated time for revisions based on comments received from WQICP, RWQCB and
public. Along with the project schedute, the Team will devetop an annotated outline of the WQIP to assist in
understanding of project tasks and deliverables.
tn general, the MOE Team proposes that monthly CWMA Copermittee/MOE Team meetings are scheduled
throughout the WQIP devetopment process, tn addifion to the core scheduled monthty meetings, the Team
proposes that an additionat four meetings are budgeted for the potentiat need to hold additionat meetings
during more complex efforts of the development process, e.g., numeric goal setfing. During the two-year
devetopment phase, this would be a total budget of 28 CWMA Copermittee meefings. These meetings are
separate from the workshops and WQICP meetings identified in the Public Process task below.
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 Pian Project June 6, 2013
The Team will present the MS4 sources of poltutants and stressors to the CWMA Copermittees for review and
comment. Appropriate revisions wilt be made based on comments from the CWMA Copermittees.
Potential Water Quality Improvement Strategies
The comprehensive experience and background of the Team coupted with public input (from the solicitation
process) regarding strategies to address water quality conditions witl generate a master list of potenfial
strategies to address the priority water quatity conditions. The Team and CWMA Copermittees witl evatuate the
spectrum of strategies considering the priority water quality conditions, identified potential sources, and
receiving waters to devetop a tisting of potential water quatity 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/activities/stressors causing the priority water quatity
conditions; (2) sociat/institutional impacts and benefits; (3) technicat feasibitity of implementation; and (4)
financial feasibility.
The Team will present the potentiat strategies to the CWMA Copermittees for review and comment.
Appropriate revisions wilt 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 quality conditions in the CWMA, the foltowing
has to be considered in devetoping 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
quatity conditions. After complefing the assessments and analysis required in Provision B.2., and consultafion
with the CWMA Copermittees, the MOE Team witl devetop a tist of highest priority water quatity 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 would be
short-sighted to develop a subset of the priority water quality condifions as HPWQCs prior to evaluating the
MS4 sources and potential strategies for all ofthe priority water quality conditions.
Deliverables: The Team witl prepare the foltowing materials to be submitted to the RWQCB
1. Priority and Highest Priority Water Quality Conditions (HPWQCs) for the CWMA - accompanied with
rationale for selecting the HPWQCs as a subset of the master list of priority water quality conditions
identified through data/information coltection and anatysis.
2. Identified potentiat MS4 sources and pollutant generating activities that may be contributing to each of
the HPWQCs
3. Identified Potential 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 deliverabte will include att strategies provided by public or WQICP
Process and Revisions:
1. The MOE Team will prepare necessary materiats to review the priority water quality conditions with the
WQICP to receive recommendations or concurrence
2. The CWMA Copermittees wilt consider revisions based on WQICP comments/recommendafions, if any
3. The MOE Team will make appropriate revisions, if any, to the materiats prior to submittal to the RWQCB
4. Within 6-12 months, based on input from the CWMA Copermittees on schedule, the Team will prepare
the materials identified above in the Deliverabtes section to turn in to the RWQCB
5. The RWQCB will issue public notice with a minimum 30 day review of CWMA submittal
6. The CWMA Copermittees wiii consider revising the materials based on public comments, if any
7. The MOE Team wilt make appropriate revisions, if any, to the materiats
GM:OE
Carlsbad Watershed Management Area Water Quality improvement Pian 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 goals, strategies and
estabtishing schedutes. The Team witl use this experience (CLRPs, TMDLs, LTEAs, WURMPs, JURMPs, and Speciai
Studies) and knowtedge to assist the CWMA Copermittees in estabtishing interim and final numeric goats,
jurisdictional and watershed water quality improvement strategies and implementafion schedules.
Water quality improvement numeric goals and schedules, the strategies to achieve the goals and
implementation schedutes are interrelated and should not be developed independently of each other. The MOE
Team proposes that a short iterative process witl consider the interrelated elements before finalizing the goals,
strategies and schedules required in Proviston B.3. ofthe MS4 Permit. Considerafions witl inctude, at a minimum:
final numeric goats, competing geographic water quality responsibilities forthe CWMA Copermittees, strategies,
schedutes, and an evatuation of the sustainability^ of the process outcomes. This iterative process will inctude
the components described betow.
Water Quality Improvement Goals
The MS4 Permit describes the standards for final numeric goals which are straightforward depending on the
types of conditions to be addressed. The final numeric goat 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 goat types inctude: use of TMDL numeric targets;
narrative forms; % reductions in pollutant loading and fiow; and removal of conditions from 303(d) tist. The
Team wilt prepare and present these goals to the CWMA Copermittees for review.
The Team wilt work closely with the CWMA Copermittees when estabtishing the interim numeric goals - as the
interim goals, along with schedutes, will be the primary drivers for program implementation intensity, e.g., how
much to implement, where to implement and when to implement. The Team witl work with Copermittees to
select interim goals that are based on measureable criteria or indicators that witl demonstrate progress towards
meeting final numeric goals. Our team recognizes the chatlenges the CWMA Copermittees witl face in
establishing/presenfing a nexus between program implementation and measureable outcomes. Our team has
vast experience and knowledge from special studies, rigorous anatysis methods, and modeling to develop and
present options to the CWMA Copermittees for demonstrating progress toward achievable goals. This wilt altow
us to devetop achievable goals that can be accomplished when considering Copermittees opportunities and
constraints. This wilt be achieved by using a spreadsheet anatysis of the watershed information and data where
the HPWQCs are estabtished 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 finai compliance dates will be incorporated into the WQtP. Non-TMDL numeric goats will be
estabtished to refiect the "shortest practicable fime" reasonably required - with some minor variafion for final
and interim goals. As previousty stated, the Team recognizes the importance of this element of the WQIP and
intends to use the iterative process discussed above with the Copermittees to devetop realistic 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 social/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 will be included in the CWMA WQIP. The three
broad categories of strategies inctude: regulatory; non-structural; and structural. The Team witl 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".
Carlsbad Watershed Management Area Water Quality improvement Pian 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 wilt work closely with individual jurisdictions to identify the jurisdictional specific strategies to be
employed. Thts process wilt include considerafion of the potential water quality improvement strategies, a
review of JURMPs and JURMP Annual Reports (estabtished under Order R9-2007-0001) to determine current
programmafic implementafion in both type and frequency. MOE conducted a similar exercise during the 2011
LTEA process in which all regional Copermittees JURMPs and JURMP Annuat Reports were reviewed for
determining programmatic implementafion. 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 schedules,
the Team will assist the Copermittees wtth the recommendations for jurisdictional programmatic changes based
on the CWMA WQtP elements. These recommendations, taitored for the specific CWMA issues in each
jurisdiction, may be used in the devetopment of individuat Jurisdictional Runoff Management Programs (JRMPs).
For the purposes of developing the CWMA WQIP, the Team will work with the jurisdictions to coltect their final
programmafic information (as required by Provision B.3.b.(l)(a) of the MS4 Permit) and incorporate into
jurisdictional specific sections of the WQIP.
Similar to the process above, the Team will assist in the identification of optionat jurisdictional strategies to be
inctuded in the WQIP. These optional strategies will be taitored to the specific issues in the CWMA and include
descriptions of circumstances necessary to trigger their implementation. Likety considerations for triggering
implementation of optional jurisdictional strategies will be availability of funding, and if program assessment
identifies that jurisdictionat strategies are not effective at making progress towards the established numeric
goals.
The MOE Team believes that to identify the jurisdictional strategies and schedutes to be included in the WQIP
the majority ofthe work can be accomplished through: 1) emait; 2) telephone correspondence; and 3) during
the monthty group meefings. To maintain efficiency we propose to meet separately with individual CWMA
Copermittees onty once to confirm strategies and use the other forms of correspondence to comptete the
efforts. The Team will prepare materials ahead of time and provide to the CWMA Copermittees prior to
individuat meefings to expedite Copermittees preparafion for productive meetings.
Moving beyond jurisdictionat strategies, the Team, using previous experience and knowtedge obtained from the
coordination with CWMA Copermittees, will 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 Anatysis and may be incorporated based upon regional and watershed efforts
conducted.
Simitar to the selection of schedules for numeric goats, the Team recognizes that establishing schedutes for
implementation of strategies is interrelated to the numeric goats and strategies themselves. The estabtished
schedutes will 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 devetop reatistic schedules for implementation of strategies. Considerations witl inctude, at a
minimum, fime needed to imptement new or expanded programs, fime to secure financing and
social/institufional support, and the current state of science in achieving improvements to the HPWQCs.
Carlsbad Watershed Management Area Water Quality improvement Pian Project June 6, 2013
Deliverables:
1. Interim and final numeric goats
2. Schedutes for achieving numeric goals
3. Jurisdictional strategies and schedutes
4. Optionat jurisdictionat strategies
5. CWMA strategies and schedules
6. Opfionat WMA Anatysis (if appticabte)
a. Analysis
b. Candidate projects
c. HMPexempfions
Process and Revisions:
1. The MOE Team wilt prepare necessary materials to consult with the WQICP to receive recommendations
on the numeric goals and schedules, water quality improvement strategies and schedules, and CWMA
Analysis and outcomes
2. The CWMA Copermittees will consider revisions based on WQICP comments/recommendafions, if any
3. The MOE Team wilt make appropriate revisions, if any, to the materiats prior to submittai to the RWQCB
4. Within 9-18 months, based on input from the CWMA Copermittees on schedule, the Team wilt prepare
the materials identified above in the Deliverabtes section to turn in to the RWQCB
5. The RWQCB wilt issue public nofice with a minimum 30 day review of CWMA submittai
6. The CWMA Copermittees will 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 regionat and special studies monitoring experience, we will be able
to efficiently and effectively develop a monitoring program that meets the needs ofthe CWMA Copermittees.
Water Quality Improvement Monitoring
The Team wilt assess the existing water quality monitoring programs within the CWMA prior to initiating the
development of the monitoring program. The assessment will inctude review of local jurisdictionat monitoring,
special studies, regionat monitoring studies, and third-party monitoring efforts. While inctuding the
requirements set forth by MS4 permit in Section D, the Team wilt maintain focus on the permit identified goat 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 exisfing and required water
quatity monitoring efforts to demonstrate measurable progress towards numeric goals is achievable.
The CWMA monitoring program will include all non-transifional monitoring requirements of MS4 Permit
Provision D. The Team will use its experience in developing, implemenfing and reporting the exisfing annual
regional monitoring program to help streamline the development process. Portions of the CWMA inctude a
watershed area that is subject to the Bacteria TMDL. The monitoring program witl integrate a TMDL monitoring
program for the San Marcos HA watershed.
Special Studies
The Team wiii propose special studies that will fulfill the requirements of Provision D.3. ofthe MS4 Permit. The
proposed special studies wilt focus on the CWMA HPWQCs and will include some form of participation by att
Copermittees in the WMA. Speciai studies will be question-driven and may address a variety of topics inctuding,
water quatity data gaps, effectiveness/efficiency of water quality improvement strategies, and source and/or
pollutant generating activity identification. The Team witl account for regionat efforts that address the priorities
ofthe CWMA HPWQCs. The Team will use its experience and knowtedge ofthe CWMA when considering special
e GMLOE
Carisbad Watershed Management Area Water Quality Improvement Pian Project June 6, 2013
Studies to propose to the Copermittees for inclusion tn the WQIP. The Team wilt consider required and existing
monitoring efforts in the design of special studies in order to identify possible overiap and maximize resources.
Assessment Program
The Team will develop an integrated assessment program that assesses data collected from, at a minimum:
monitoring programs; special studies; results of JRMP implementafion; and imptementation of opfional
watershed strategies. The purpose of the assessment program witl be two-fold: demonstrafion of progress
towards achieving numeric goats, and the identificafion of necessary modifications to the CWMA WQIP. The
Team wilt use its experience in program devetopment and assessment as the foundation for developing the
CWMA integrated assessment program that witl inctude the requirements of Provision D.4. ofthe MS4 Permit.
1.1.5 Water Quality Improvement Plan Submittal
It is anticipated that two preliminary drafts ofthe CWMA WQIP will be prepared for review and comment by the
Copermittees. The timing of the drafts will 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,
including the final draft, wilt be accompanied by a comment tabte that describes how each comment was
addressed by the Team.
The MOE Team will prepare a final draft of the Carisbad Watershed Management Area Water Quality
Improvement Plan for submittal to the CWMA Copermittees a minimum of three months prior to the due date
of June 26*^ 2015. tt is anficipated that this final draft version may be used to take to elected bodies (Councils
and Board) as informational items, for approvat 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 WQtP, with an accompanying comment tabte that describes how the Team
addressed each comment, will be reissued to the Copermittees as a final print draft. It is anticipated that no
further significant changes to the document witl be required beyond the final print draft.
A final version of the CWMA WQIP will be submitted to the CWMA Copermittees no later than Thursday, June
18th, 2015. Note: If the CWMA and Team agree upon an eariier submittal date, the abovemenfioned dates wiii
be adjusted accordingly.
Deliverabtes:
1. Final draft of CWMA WQIP to the CWMA Copermittees by March 26^^ 2015 that includes all
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 alt requirements of
Provision B ofthe MS4 Permit
2. The RWQCB witl issue public nofice with a minimum 30 day review of the CWMA WQIP
3. The CWMA Copermittees witl consider revising the WQIP based on public comments, if any
4. The MOE Team will make appropriate revisions, if any, to the CWMA WQIP - revisions must be
submitted within 60 days after the ctose 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 witl: schedule and facilitate stakeholder meetings; collect information and data; prepare and present
relevant informafion 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 avaitable and noficed schedute of the
opportunities for the public to participate and provide comments during the WQtP devetopment process. The
Team has secured the www.cartsbadwatershed.orR domain to communicate with the public during the WQtP
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Carlsbad Watershed Management Area Water Quality improvement Pian Project June 6, 2013
development and implementation processes. Alternatively, a CWMA Copermittee may also utilize their own
website to host webpage(s) containing the public process information.
The MOE Team proposes that the Copermittees devetop a Water Quality Improvement Consultation Panel
(WQtCP) that, at a minimum, meets the requirements of the MS4 Permit. CWMA Copermittees are also
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 large communicate with the CWMA Copermittees through their
"representatives" on the WQtCP. The public's opportunities for input come at key times throughout the process:
1) selection of WQtCP representative; 2) communications with representative; 3) pubiic workshops; 4) submittal
of data and information when solicited; 5) public release of documents by RWQCB for written comment.
The Copermittees and MOE Team witl 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
Michaetson witl provide the facititation services. Lewis has been a primary and consistent element ofthe WQIP
public process since the MS4 Permit reissuance process began in April 2012. Lewis' knowledge base and
unbiased approach to faciiitating public participation processes were both in perfect form during the five
RWQCB focused meetings and three WQtP Mock Development workshops for the Los PeRasquitos WMA.
Lewis' approach to facilitation has proven to be successful in the oftentimes controversial topic areas related to
the content of WQIPs. The approach inciudes maintaining a transparent discussion between parties and
ensuring that alt parties have the opportunity to be heard. Lewis has "been around the btock" with respect to
what is retevant for the WQIP devetopment and wiii provide cues to participants to maintain focused and
productive discussions.
The Team wilt manage the required solicitation of data and informafion from the public to be considered during
distinct parts of the WQIP development and update processes. The solicitation of data may come in a variety of
formats and may occur once or several times through the WQtP devetopment as determined by the
Copermittees. The solicitation(s) witl inctude, at a minimum, data and informafion for: assessment of water
quality condifions (including erosional impacts, i.e. hydromodificafion); and potenfiat strategies to address the
water quality condifions; recommendafions for: potential numeric goals for the highest priority water quality
conditions for the CWMA; and strategies that should be implemented to achieve the potential numeric goals.
Additional solicitafions will be necessary when evaluafing the WQtP for update purposes.
The data, information and recommendations received from the public (and other parties) wilt be used in the
WQIP development and updates, as described betow.
1.3 RFP Task 3: Evaluation of Alternative Compliance Analysis feasibility - Provision
B.3.b.(4)
Water quality improvement strategies include the myriad of Land Development requirements that the MS4
Permit inciudes 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 situafions. Provision B.3.b.(4) ofthe
MS4 Permit provides a mechanism for an analysis to be conducted that could lead to the devetopment of
watershed-specific requirements for structurat BMP land development requirements.
The task includes performing an evatuafion of the Opfional Watershed Management Area Anatysis and
Alternative Compliance as described in Provision B.3.b.(4) of the MS4 Permit. The evaluation wtti inform the
CWMA Copermittees of the options, risks, costs and benefits of compteting the optional WMA Analysis (aka
Alternative Compliance Analysis) for the CWMA. The Team will review appropriate guidelines and MS4 permits
Carlsbad Watershed Management Area Water Quality Improvement Plan Project June 6, 2013
as welt as draw upon its experiences in the tocal land devetopment community to perform the evaluation. It is
also proposed that the Team wilt hold a meeting with Copermittees' land devetopment staff to review and vet
options, risks, resource impacts and benefits of imptementing Atternative Compliance and Hydromodification
Management exempfions.
Deliverable:
1. Summary memorandum of feasibility analysis.
1.4 RFP Task 5: Miscellaneous Activities
Outside of responding to RWQCB correspondence, optional miscellaneous activifies include:
1. Data coordinafion
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 regional meetings
8. Presenting to CWMA Copermittee City Councits 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 wilt perform the miscellaneous activities identified above
on a task-by-task basis. Some specific discussion on rigorous analysis/modeling is provided betow.
Rigorous Data Analysis/Modeling
Our Team can support various data analyses and water quatity condition assessments that can lend 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 results of data analyses to perform pollutant source and water quality 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 also use models
to evaluate the impacts and costs of some of these pending SDRWQCB decisions, as tn the case for the Chotlas
Creek CLRP where a modeting system was used to estimate the BMP costs with and without consideration of
proposed water effects ratios (WERs) for metats (over $450B difference) and provide further justification to the
SDRWQCB that the WER requires approvat prior to implementafion 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 selecting and developing the appropriate
approach that is tailored to the needs of the CWMA and will be approved by the SDRWQCB.
SCCWRP is currently 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 Slough. SCCWRP has
since followed the prescribed approach for modet devetopment to support the Loma Atta Stough 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 dissolved oxygen (DO) in the slough, preventing accurate
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Carlsbad Watershed Management Area Water Quality Improvement Plan Project June 6, 2013
source characterization and recommendations for implementation strategies. The suspected cause was low DO
flow entering the estuary from the upstream creek. To determine whether unaccounted tow 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 modeting of Loma Alta Creek during crifical conditions when excessive algat growth
results in nutrient and DO problems. As a result, further study was recommended to establish the watershed
sources of nutrients and assess groundwater contributions to the Stough. For Loma Alta Stough 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 ted 3^'' party TMDL development for Los Penasquitos Lagoon and Famosa Slough, and improvements to the
Chollas, Paleta, and Switzer Creek Estuary Toxicity TMDLs priorto their finatizafion by the RWQCB.
tf the CWMA Copermittees deem it necessary for the MOE Team to provide any miscellaneous activity services,
the Team wilt prepare a brief scope and fee estimate to be approved prior to inifiating work. With the exception
of developing rigorous anatysis or modeting, the proposed not to exceed amount for Task 5 sen/ices during
Phase 1 is $60,000.
Due to the complexity of scoping rigorous anatysis or modeting efforts, the Team requests that if CWMA
Copermittees etect to perform a rigorous analysis or modeling, 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.
PHASE 2
1.5 RFP Task 6: CWMA Copermittee Coordination
Mikhail Ogawa, as the Carisbad Watershed Coordinator, has continued to provide successfut coordinafion and
administrative services for the CWMA Copermittees under the Watershed Urban Runoff Management Program
(WURMP) from 2007 to the present time. These services have included setting monthly 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 tines of communication for ongoing
activifies throughout the CWMA - this has come in mulfiple forms including, recommending specific meeting
agenda topics, and dissemination of information to watershed Copermittees.
The Team proposes to continue to provide the same high level service MOE has been providing for the past six
years. Our approach to the task is to maintain cost effective coordinafion. This begins with close 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 in the region. Through this involvement and experiences, the Team will, as appropriate,
coordinate with these groups on behalf ofthe CWMA Copermittees. Coordination may inctude correspondence,
setting up meetings, requests for review of CWMA documents, or to simply share information and receive input.
Deliverables for this task inctude, at a minimum: (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 materials 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
Annual Reports, as referenced in Provision F.2.C. Our Team betieves the required information for the WQtP
Annuat Reports, per Provision F.3.b.(3), is what is necessary to complete an adequate WQtP update. The Team
Carisbad Watershed Management Area Water Quality Improvement Pian Project June 6, 2013
considers the Annual Report submittal as the mechanism for presenfing the WQtP 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 witl be based on the assessment
strategies established in the WQtP. At a minimum, the assessment witl re-evaluate the priority water quality
condifions, numeric goals & schedules, strategies & schedules, and monitoring & assessment programs. Working
closely with the Copermittees, the Team may propose revisions to the priority water quality conditions based on
changing tong-term trends or ovenwhelming evidence that is counter to the priority water quality condifions
established in the WQIP. Simitarly, based on findings, the Team may propose adaptafions to numeric goals
and/or strategies and their schedules. Any recommendafions wiii be accompanied by supporting rafionales and
evidence from the assessment.
Simitar to the initiat WQtP devetopment process, the WQIP update public participation process is required to
inctude: (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 similar to the
WQIP devetopment to incorporate the public participation process - with the exception of the public
workshops. The proposed updates, and supporting rationale, to the WQIP will 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 WQtP Annuat Report (or ROWD) process to the
RWQCB that fulfills requirements of Provision F.2.C. and F.3.b.(3)
2. The RWQCB wilt 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 WQIP updates
5. The Team will make availabte the WQtP 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 miscettaneous activity services,
the Team will prepare a brief scope and fee estimate to be approved prior to tnitiafing work. With the exception
of developing rigorous analysis or modeting, 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 anatysis or modeting efforts, the Team requests that if CWMA
Copermittees etect to perform a rigorous analysis or modeling, 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.
Carlsbad 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 conctusion ofthe contract, etectronic versions ofthe formal
documents devetoped for the CWMA Copermittees. The documents witl be provided in both PDF and originat
format, e.g., Microsoft Excet, Microsoft Word, AutoCAD, ArcGIS, etc.
2 Project Organization and Key Personnel
The MOE Team is comprised of locat technical experts in the field of urban runoff. Att team members were
selected for their knowledge of existing programs, "what's in their wheelhouse", as welt as their abitity to be
innovative, "thinking outside the box". The organizationat structure of the Team that witl be providing
professionat services is provided betow.
The rote of managing the Team will be within Mikhail Ogawa's purview. This is not a role that Mikhail takes
lightly. As a strong project manager, Mikhait wilt 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 witl enable the project to progress with minimat issues, both technicalty and
contractually. The Team members have worked together on a variety of projects in recent years.
David PohL PhD, P.E.
TechniealAiMior
Carif bad WMA CopermitlBei
Qty of Carisbad
Lead CopermHIee/ProjBct Managpr
Mikhail Oiawa. P.E.
MOE Team Project Manager
Legend:
Mikhail 0|awa En|ineerin| (MOE)
Tetra Tech
AMEC
Katz & Associates (K81A)
ESA
Tasks 1« 2.5.6,7,10 & 11
Tasia Leader
Mikhail Ogawa, P.E
Tasks
Tasks Leader
Eric Mosolgo, P.E.
r ESA
KATZ
CyAssociates
Lewis Midiaelson
Tania Fragonneno
Kelly Salter
Brett Gamble
Steve Qirter, P.E
Alison Witheridge
Supporting Team Staff
Yvana Hrovat, P.E
dint Boschen
Chad Helmie
Jason Wright. P.E
Dustin Bambic
Andy Collison, PhD
Brian Haines, MS, ST
Roshan Christoph
Jay Shrake
TedVonBitner.PhD
Jeremy Bums
Kristina Schneider
Khalil Abusaba. PhD
It TETRA TECH
Teom Roles and Responsibilities
MOE, as the prime consultant, will be the primary point of contact for the overall project - Including project
management, QA/QC, ensuring Team work products meet regulatory compliance, budget management and
management of sub-consultants. MOE staff will be providing technicat services in ail tasks of the project, with
an emphasis on coordination sen/ices, water quality priorifies, 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 services in hydromodificafion management/ stream rehabilitafion
12 e IVtOE
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
Anatysis 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 futty committed to completing the
services required ofthis project, including Phase 1 (two years) and Phase 2 (potenfially four years).
Resumes of key personnel are attached to this proposal as Attachment 1. Sub-consultant letters of commitment will be provided upon
request.
Mikhail Ogawa has served as the project manager on many mutfi-year as-needed services type projects simitar
to the WQtP devetopment and implementation project. The Team has extensive experience in complefing
project of similar scope and size. The projects identified in the following tabte demonstrate the depth and
breadth of our retevant experience. Comptete project descriptions for these projects are located in the resumes
ofthe identified Team personnel.
3 Cost Estimate
The tabte betow is the Cost Estimate for Phases 1 & 2 ofthe project. The grand totai 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
esfimated 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 WQtP Preparafion $199,662
3 Evatuation of Alternative Compliance Analysis Feasibitity $16,722
5 Miscettaneous Activifies $60,000
Sub-Total Phase 1 $305,789
Phase 2 (Three Years - FYs 2016 thru 2018)
6 CWMA Copermittee Coordination $44,300
7 WQtP Updates $108,144
10 Miscellaneous Activities $80,000
11 Contract Completion $1,007
Sub-Total Phase 2 $233,451
Project Total $539,240
13 GMLOE
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
IVIikhail 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 IVIichaelson $225.00 Tania Fragomeno $150.00
Principal
Stephen Carter $214.11
Project Managers
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
Sen/or looter 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
Sen/or 4ssoc/ote
Jay Shrake $185.00
Associates
Khalil Abusaba $165.00
Kristina Schneider $165.00
Travel Expenses:
Transportation, lodging Cost plus 15%
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%
Sen/or Stfl/y
Roshan Christoph $150.00
Technical Professionals
Edith Moreno $125.00
Rachel Davenport $125.00
Miscellaneous Expenses
6% of labor charges
Subcontractors:
Cost plus 5%
Unit Pricing (Lab analysis, rentals, etc.)
Will be quoted separately
Hourly rates for all firms are subject to a 5% annual escalation, beginning January 1,2014.
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Carlsbad Watershed Management Area Water Quality Improvement Pian 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. Capabitities inctude general mapping and detineation services as well as anatysis of geographical
informafion. The Team can use GIS mapping to generate linkable PDFs that use clickable hyperiinks to easity
show comptex information, such as water quality data on maps or accompanying tabtes. Another capability is
the use of KML fites: the Team can translate GIS shapefites (both point and polygons information) into KML files
that can be easily opened and viewed in Googte Earth. This approach is oftentimes very useful for quick viewing
and anatysis of the geographical informafion. tt 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 proposai, 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 relationships with WQtP stakehotders
including but not limited to: (1) non-profit environmental groups; (2) regulatory agencies, e.g., RWQCB; and (3)
building industry representatives. These reputations and relationships provide added value to the CWMA
Copermittees. Stakeholders are more likety to be confident in the necessary correspondence, tnteracfions and
work products of the MOE Team based on our existing reputafions and relafionships in the region. This
translates into transparent communicafions regarding content ofthe CMWA WQtP which 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 Carisbad Watershed Management Area
(CWMA) San Diego Regional 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 proposal, the MOE Team certifies that it takes no excepfion to the contents of RFP# 13-07,
including the City of Carlsbad's Standard Professional Services Contract.
e
Agreement to Share Cost of Carlsbad Watershed Management Area
Water Quality Improvement Plan (WQIP) Development FY 2013-14
RECITALS
Whereas, the CWMA Copermittees include the following: City of Carisbad, City of Encinitas, City
of Escondido, City of Oceanside, City of San Marcos, City of Solana Beach, City of Vista, and
County of San Diego; and
Whereas, Copermittees within the Carlsbad Watershed Management Area (CWMA) are required
to cooperate in the development and implementation of a Water Quality Improvement Plan
(WQIP) pursuant to California Regional Water Quality Control Board, San Diego Region Order
R9-2013-0001 (NPDES Permit No. CAS0109266), Section B; and
Whereas, the City of Carlsbad has agreed to serve as the CWMA Principal Watershed
Copermittee for the duration ofthis Cost Share Agreement and fulfill the responsibilities
required in Section G.2. of Order R9-2013-0001; and
Whereas, as part of its responsibilities as Principal Watershed Copermittee, the City of Carlsbad
shall enter into a contract with a consultant and will be the only Copermittee subject to the
terms and conditions ofthe contract as executed; and
Whereas, the CWMA Copermittees have agreed to share the costs of WQIP development during
FY 2013-14 in accordance with the Proposal and Scope of Work from Mikhail Ogawa Engineering
attached and shown in Exhibit A.
AGREEMENT
Now, therefore, the CWMA Copermittees agree to share the costs for the WQIP Development
and Implementation contract per the table below. Total management costs for FY 2013-14 are
estimated to be $200,000. As the Principal Watershed Copermittee, City of Carlsbad will collect
an additional non-refundable administrative fee from each CWMA Copermittee equal to 5% of
the total contract costs. The total agreed-upon cost, including the 5% administrative fee, is
$210,000, to be invoiced at the beginning of the contract period. Each Copermittee agrees to
submit payment to the City ofCarlsbad within sixty days (60) ofthe date of invoice.
City of Carlsbad $ 32,600.00
City of Encinitas $ 18,439.43
City of Escondido $ 29,248.75
City of Oceanside $ 29,460.69
San Diego County $ 46,204.54
City of San Marcos $ 23,950.06
City of Solana Beach $ 847.79
City of Vista $ 29,248.75
Total Cost Share $ 210,000
The cost share is based on the regional 45/45/10 formula.
In the event of unused funds remaining at the conclusion of FY 2013-14, each CMWA
Copermittee will receive either a proportional refund or a proportional credit that only may be
CWMA WQIP Cost Share Agreement FY 13-14 Final.docx4 Page 1 of 10
C, ri
Agreement to Share Cost of Carlsbad Watershed Management Area
Water Quality Improvement Plan (WQIP) Development FY 2013-14
applied to FY 2014-15 cost-share amounts. Any refunds due will be issued within ninety (90)
days after completion of contracted services or December 31, 2014, whichever is sooner.
The inifial period ofthe WQIP Development and Implementation contract will be one (1) year
commencing upon final execution ofthe contract with option to amend the contract to extend it
for up to four (4) additional one-year periods as per City of Carlsbad contracting practices for a
total term of five (5) years for a total not to exceed cost of $539,240 over the five (5) year term.
This cost share agreement is subject to annual renewal by each CWMA Copermittee. Should any
CWMA Copermittee not renew the cost share agreement, the contract Scope of Work, contract
costs and cost-share amounts shall be adjusted as appropriate forthe affected contract period.
Fiscal Year cost share amounts are estimated below
Phase Year Fiscal
Year
Estimated Contract
Cost
Estimated Cost
Share Amount
(including 5%
admin fee)
1 1 2013-14 $200,000 $210,000.00 1 2 2014-15 $105,789 $111,078.45
2
3 2015-16 $77,817 $81,707.85
2 4 2016-17 $77,817 $81,707.85 2
5 2017-18 $77,817 $81,707.85
TOTAL NOT-TO-EXCEED $539,240 $566,202
Each CWMA Copermittee agrees to participate in meetings with Consultant and other
Copermittees for the development and refinement of elements ofthe WQIP; and otherwise
participate in the development ofthe WQIP in the manner described in the Scope of Work.
Decisions shall be made based on a consensus ofthe CWMA Copermittees. In situations where
consensus is not obtained, the Copermittees may vote on an item, with each Copermittee
retaining equal representation in the vote. In order for a decision to move forward, a consensus
or majority vote must be obtained. Where there is an equal distribution of votes in favor and
opposed, discussion shall continue until a majority vote is obtained.
Employees and consultants of each CWMA Copermittee are not to be considered employees or
consultants of any other CWMA Copermittee for any purpose whatsoever in the performance of
this Agreement.
This Agreement to Share Cost of CWMA WQIP Development and Implementation for FY 2013-
14 shall be effective and binding on all parties hereto commencing upon execution ofthe last
party to date and sign the Agreement. This Agreement will be in effect from date of signing and
will terminate on June 30, 2014 unless otherwise agreed upon in writing by amending this
Agreement.
CWMA WQIP Cost Share Agreement FY 13-14 Final.docx4 Page 2 of 10
6o
Agreement to Share Cost of Carlsbad Watershed Management Area
Water Quality Improvement Plan (WQIP) Development FY 2013-14
For the City of Carlsbad
Date: August 27th, 2013
Title:
CWMA WQIP Cost Share Agreement FY 13-14 Finol.docx4 Page 3 of 10
Agreement to Share Cost of Carlsbad Watershed Management Area
Water Quality Improvement Plan (WQIP) Development FY 2013-14
For the City of Encinitas
By: Date:
Title:
C^NMA WQIP Cost Share Agreement FY 13-14 Final.docx4 Page 4 of 10
52
Agreement to Share Cost of Carlsbad Watershed Management Area
Water Quality Improvement Plan (WQIP) Development FY 2013-14
For the City of Escondido
By: Date:
Title:
CWMA WQIP Cost Share Agreement FY 13-14 Final.docx4 Page 5 of 10
53
Agreement to Share Cost of Carlsbad Watershed Management Area
Water Quality Improvement Plan (WQIP) Development FY 2013-14
For the City of Oceanside
By: Date:
Title:
CWMA WQIP Cost Share Agreement FY 13-14 Final.docx4 Page 6 of 10
5i
Agreement to Share Cost of Carlsbad Watershed Management Area
Water Quality Improvement Plan (WQIP) Development FY 2013-14
For the City of San Marcos
By: Date:
Title:
CWMA WQIP Cost Share Agreement FY 13-14 Final.docx4 Page 7 of 10
55
Agreement to Share Cost of Carlsbad Watershed Management Area
Water Quality Improvement Plan (WQIP) Development FY 2013-14
For the City of Solana Beach
By: Date:
Title:
CWMA WQIP Cost Share Agreement FY 13-14 Final.docx4 Page 8 of 10
Agreement to Share Cost of Carlsbad Watershed Management Area
Water Quality Improvement Plan (WQIP) Development FY 2013-14
Forthe City of Vista
By: Date:
Title:
CWMA WQIP Cost Share Agreement FY 13-14 Final.docx4 Page Sof 10
Agreement to Share Cost of Carlsbad Watershed Management Area
Water Quality Improvement Plan (WQIP) Development FY 2013-14
For the County of San Diego
By: Date:
Title:
For the County of San Diego
By: Date:
Title:
CWMA WQIP Cost Share Agreement FY 13-14 Final.docx4 Page 10 of 10