HomeMy WebLinkAbout2020-07-14; City Council; ; Amendment No. 1 to the Agreement with Mikhail Ogawa Engineering, Inc. for the Carlsbad Watershed Management Area Program Professional ServicesCA Review _ RMC _
Meeting Date: July 14, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: James Wood, Environmental Manager
james.wood@carlsbadca.gov, 760‐602‐7584
Subject: Amendment No. 1 to the Agreement with Mikhail Ogawa Engineering,
Inc. for the Carlsbad Watershed Management Area Program Professional
Services
Recommended Action
Adopt a resolution authorizing Amendment No. 1 to the Agreement with Mikhail Ogawa
Engineering, Inc. to provide professional services for the Carlsbad Watershed Management
Area Program for an amount not to exceed $131,372.
Executive Summary
The Carlsbad Watershed Management Area program consists of the cities of Carlsbad,
Encinitas, Escondido, Oceanside, San Marcos, Solana Beach and Vista and the County of San
Diego, which operate under a permit from the California Regional Water Quality Control
Board.1 This permit requires the City of Carlsbad to coordinate with the other agencies in the
program to produce an annual report. The city has been working with an outside consultant,
Mikhail Okawa Engineering, for the past year to prepare this report under a professional
services agreement approved by the council on Aug. 20, 2019, for an amount not to exceed
$117,000 a year (Resolution No. 2019‐142). Staff recommends amending this agreement by
extending the term for one additional year and to increase the yearly not‐to‐exceed amount to
$131,372. This increase is needed to cover the additional cost that Mikhail Okawa Engineering
will incur in preparing a required update to the program’s Water Quality Improvement Plan.
The total agreement cost for a period of one year amounts to $131,372. Carlsbad Municipal
Code Section 3.28.060 (D)(5) dictates that the City Council be the awarding authority for
professional services that will cost the city more than $100,000 per agreement year.
Discussion
Urban runoff does not follow jurisdictional boundaries and often travels through many
jurisdictions while flowing to the bodies of water that receives it. So the actions of multiple
municipalities within a watershed can have a cumulative impact upon the bodies of water they
1 The permit the City of Carlsbad is subject to is California Regional Water Quality Control Board San Diego Region
National Pollutant Discharge Elimination System Order No. R9‐2013‐0001, as amended by National Pollutant
Discharge Elimination System order nos. R9‐2015‐0001 and R9‐2015‐0100.
July 14, 2020 Item #9 Page 1 of 10
share. As noted above, the agencies in the watershed management program, known as co‐
permittees because they share the mandate of the permit, are required to cooperate in
developing and implementing a water quality improvement plan and submit an annual report
each January. The water quality improvement plan is intended to attain the reasonable
protection, preservation, enhancement and restoration of water quality by identifying and
addressing the highest priority water quality issues and pollutants in the watershed.
The City of Carlsbad serves as the lead agency in the Carlsbad Watershed Management Area in
keeping with the permit from the state. City staff agreed to manage an agreement for a
consultant to help coordinate among the copermittees, implement the water quality
improvement plan, prepare the plan’s annual report and assist with various miscellaneous tasks
as needed. The city issued a request for proposals for a consultant to assist with this work in
May 2019.
The city received a proposal from one qualified bidder and performed a best‐value evaluation
with a rating panel staff representing three of the agencies in the program. Through Resolution
No. 2019‐142, the City Council authorized and the city awarded a professional services
agreement to Mikhail Okawa Engineering on Aug. 20, 2019, for an amount not to exceed
$117,000. Both parties wish to amend the agreement by extending the term for one additional
year and increasing the yearly not‐to‐exceed amount to $131,372. This increase will cover the
additional cost of preparing an update to the Water Quality Improvement Plan that is required
by the Regional Water Quality Control Board.
The initial term of the agreement was one year starting Aug. 20, 2019, with the option to
amend the agreement to extend the term for up to five additional one‐year periods for a total
term of up to six years. This will be the first amendment to the agreement. Additional
amendments may include annual cost increases of up to 15% beyond the not‐to‐exceed
amount if (1) all work and materials subject to the amendment are within the scope of services
of the contract and amendment, and (2) if both parties agree to such percentage increase.
As noted above, Mikhail Okawa Engineering will assist staff in managing the Water Quality
Improvement Plan as coordinator and in preparing the annual report.
The coordination work will include facilitating monthly meetings with the agencies in the
program as well as additional communication and coordination with other watershed groups,
environmental nonprofits, regulators and other stakeholders in the region. Coordination could
include writing correspondence, setting meetings, requesting review of watershed
management area documents or sharing information and receiving input.
Preparation of the Water Quality Improvement Plan’s annual report includes:
Developing a project schedule
Requesting and collecting data and information from the agencies
Documenting how the plan’s strategy has been implemented
Documenting what progress has been made in meeting goals
Assessing monitoring data
Preparing two draft reports and a final report
Submitting the final report as required to the Regional Water Quality Control Board
July 14, 2020 Item #9 Page 2 of 10
Miscellaneous tasks may be performed as needed to help the watershed management area’s
agencies comply with the permit. Tasks may include the following services:
Additional data evaluation and assessment
Regulatory support for the permit reissuance process
Water Quality Improvement Plan updates and associated tasks
Response to Regional Water Quality Control Board correspondence or requests
Preparation for regulatory hearings
Represent the agencies at regional meetings
Presentations to the City Councils of the cities in the program
Coordination of guest speakers for program meetings
Research and review of watershed programs in other parts of the state and country
Other regulatory support for the watershed area copermittees
Fiscal Analysis
The proposed amendment with Mikhail Ogawa Engineering, Inc., amounts to $131,372. The
cost for this agreement will be shared between the copermittees in keeping with the regional
memorandum of understanding approved by Carlsbad City Council Resolution No. 2019‐107
and fully executed by all parties.
To calculate the per‐jurisdiction costs of this agreement, staff used the formula agreed upon by
the copermittees in the memorandum of understanding: 45% of the costs to be assigned by the
amount of urbanized land in their jurisdictions, 45% according to population and 10% to be
equally divided. The City of Carlsbad collects an annual 5% management fee.
Exhibit 2 contains the detailed cost share breakdown per jurisdiction. The following table
outlines the cost per jurisdiction for the contracted services:
Jurisdiction Share of total 5% management fee Total
City of Carlsbad $23,049 $0 $23,049
City of Encinitas 13,095 655 13,749
City of Escondido 19,772 989 20,760
City of Oceanside 15,522 776 16,299
San Diego County 25,941 1,297 27,238
City of San Marcos 16,475 824 17,299
City of Solana Beach 2,129 106 2,236
City of Vista 15,389 769 16,158
Total $131,372 $5,416 $136,788
* The detailed figures are shown in Exhibit 2 and may differ from these totals slightly due to rounding.
There are adequate funds in the Watershed Protection Division’s operating budget to fully fund
the city’s $23,049 obligation for this proposed contract. Staff requests that the $113,739
collected from the other watershed management area copermittees under the memorandum
of understanding – that is, is the total of $136,788 minus the city’s $23,049 share – be
appropriated to this program budget to pay for the cost of the contract.
July 14, 2020 Item #9 Page 3 of 10
Next Steps
With the City Council’s approval and once the amendment is executed, city staff will direct
Mikhail Ogawa Engineering, to begin work on the Carlsbad Watershed Management Area
Program Water Quality Improvement Plan annual report, the plan’s update and copermittee
coordination. The Water Quality Improvement Plan annual report and update will be submitted
to the Regional Water Quality Control Board by Jan. 30, 2021, and coordination efforts will
continue for the term of the agreement.
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 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.
Public Notification and Outreach
Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council resolution
2. Watershed Cost‐Sharing Budget
July 14, 2020 Item #9 Page 4 of 10
EXHIBIT 1
RESOLUTION NO. 2020-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING AMENDMENT NO. 1 TO THE AGREEMENT WITH
MIKHAIL OGAWA ENGINEERING, INC., TO PROVIDE PROFESSIONAL
SERVICES FOR THE CARLSBAD WATERSHED MANAGEMENT AREA (CWMA)
PROGRAM IN AN AMOUNT OF $131,372.
WHEREAS, the California Regional Water Quality Control Board San Diego Region issued
National Pollutant Discharge Elimination System (NPDES) Order No. R9-2007-0001 and subsequent
NPDES Order No. R9-2013-0001, as amended by NPDES Order Nos. R9-2015-0001 and R9-2015-0100
(Permit), to regulate discharges from municipal separate storm sewer systems in the San Diego region;
and
WHEREAS, Copermittees within the Carlsbad Watershed Management Area (CWMA) consist of
the following jurisdictions, collectively known as the CWMA Copermittees: County of San Diego and
incorporated cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach and Vista;
and
WHEREAS, the CWMA Copermittees are required by the Permit to cooperate in implementation
of a Water Quality Improvement Plan (WQIP), and submit a WQIP Annual Report each year; and
WHEREAS, City of Carlsbad staff agreed to provide contract management services as the
Principal Watershed Copermittee for the CWMA; and
WHEREAS, on Aug. 20, 2019, the City Council, through Resolution No. 2019-142, authorized
execution of a professional services agreement with Mikhail Ogawa Engineering, Inc. (Agreement), for
total contract costs for fiscal year (FY) 2019-20 of $117,000; and
WHEREAS, the initial term of the Agreement was one year commencing upon Aug. 20, 2019,
with the option to amend the Agreement to extend the term for up to five additional one-year periods
for a total term of up to six years; and
WHEREAS, both parties wish to extend the Agreement for one additional one year and increase
the total costs for FY 2020-21 to $131,372; and
WHEREAS, on June 25, 2019, the City Council, through Resolution No. 2019-107, authorized the
Mayor to execute the fourth amended NPDES San Diego Regional Stormwater Copermittees
Memorandum of Understanding 2019 (Regional MOU); and
July 14, 2020 Item #9 Page 5 of 10
WHEREAS, as the Principal Watershed Copermittee, the city will collect an additional non-
refundable administrative fee from each CWMA Copermittee equal to 5% of the total contract costs,
with the total agreed-upon cost as $131,372 for FY 2020-21; and
WHEREAS, staff is requesting that the $113,739 collected from the CWMA Copermittees under
the Regional MOU be appropriated to the Watershed Protection Division budget to fund contract
expenditures; and
WHEREAS, the City of Carlsbad's proportionate share of costs for FY 2020-21 is $23,049, which
is included in the Watershed Protection Division FY 2020-21 budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. The Mayor is hereby authorized and directed to execute Amendment No. 1 to the
professional services agreement with Mikhail Ogawa Engineering, Inc., attached hereto
as Attachment A.
3. That the City Manager is authorized to execute amendments to the Agreement to
extend the term for five additional one-year terms, or parts thereof, in an amount not
to exceed $131,372.
4. Each additional one-year amendment may increase the not-to-exceed amount by up to
15% if (a) all work and materials subject to the amendment are within the scope of
services of the Agreement and amendment, and (b) if both parties agree to such
percentage increase.
5. The deputy city manager, administrative services, or designee is authorized to
appropriate revenue of $113,739 for FY 2020-21 to be collected via the Regional MOU
to the Watershed Protection fund, and appropriate revenue collected via the Regional
MOU to the Watershed Protection fund in future years in which the city serves as
Principal Watershed Copermittee.
July 14, 2020 Item #9 Page 6 of 10
MATT HALL, Mayor
ENGLES ity C erk
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of July 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
(SEAL)
%%001111111111/N1/4
.?;ZP
oi •
0 -
July 14, 2020 Item #9 Page 7 of 10
DocuSign Envelope ID: 4C75CE10-28BF-4205-96BD-F1C788C6C4A5
PSA19-809ENV
AMENDMENT NO.1 TO EXTEND AND AMEND THE AGREEMENT FOR
CARLSBAD WATERSHED MANAGEMENT AREA WATER QUALITY IMPROVEMENT PLAN
(WQIP) COORDINATION AND ANNUAL REPORT SERVICES
MIKHAIL OGAWA ENGINEERING, INC.
This Amendment No.1 is entered into and effective as of the 15th day of
July , 2020, extending and amending the agreement dated August
21, 2019, (the "Agreement") by and between the City of Carlsbad, a municipal corporation,
("City"), and Mikhail Ogawa Engineering, Inc., ("Contractor") (collectively, the "Parties") for
Carlsbad WQIP Coordination and Annual Report services.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to include additional
miscellaneous tasks for the Carlsbad Water Quality Improvement Plan Coordination and Annual
Report; and
B. The Parties desire to extend the Agreement for a period of one (1) year and amend
the not-to-exceed amount as described below; and
C. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee Schedule.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed one hundred thirty-one
thousand three hundred seventy-two dollars ($131,372).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed fourteen thousand, three hundred
seventy-two dollars ($14,372). Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City.
3. Each additional one-year amendment may increase the not-to-exceed amount by
up to fifteen percent if (1) all work and materials subject to the amendment are within the scope
of services of the Agreement and amendment, and (2) if both parties agree to such percentage
increase.
4. Contractor will complete all work described in Exhibit "A" by August 19, 2021.
5. All other provisions of the Agreement, as may have been amended from time to
time will remain in full force and effect.
/II
City Attorney Approved Version 1/30/13
July 14, 2020 Item #9 Page 8 of 10
DocuSign Envelope ID: 4C75CE10-28BF-4205-96BD-F1C788C6C4A5
PSA19-809ENV
6. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
7. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power,
right and actual authority to bind Contractor to the terms and conditions of this
Amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By.evalV/il.
Matt Hall, Mayor
Mikhail Ogawa / President & Secretary
(print name/title)
ATTEST:
By:
6111 61-14.91a.
(sign here)
bara Engle on, City Clerk
Kelly Ogawa / Vice-President
(print name/title)
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:
Assistant City Attorney
City Attorney Approved Version 1/30/13
2
MIKHAIL OGAWA ENGINEERING,
INC., a California corporation
11116.41 6t (Asiii;n here)
July 14, 2020 Item #9 Page 9 of 10
DocuSign Envelope ID: 4C75CE10-28BF-4205-96BD-F1C788C6C4A5
PSA19-809ENV
Exhibit "A"
6 Cost Estimate (Submitted Separately)
The tables below are the completed Attachment 1 - Cost Estimate Worksheet from RFP19-781ENV. The tasks and sub-tasks
are itemized for ease of review. The grand total cost estimate for tasks 1, 2 and 4 is $87,094 without the miscellaneous activities
task 3 included. The grand total cost estimate with Task 3 Miscellaneous Activities included is $131,372.
'Cost Estimate
Work Item Total Staff
Hours
Total Labor
Costs
Total
Reimbursable Total Costs
Task 1 - WQIP Annual Report
WQIP AR Development Project Schedule 2 $296 - $296
CWMA Copermittee Data and Info Requests,
Collection, and Coordination 107 $14,467 - $14,467
WQIP Annual Report Draft 117 $15,357 - $15,357
WQIP Annual Report Final Draft 112 $14,912 - $14,912
WQIP Annual Report Final 77 $10,970 - $10,970
Subtotal Task 1 397 $56,002 - $56,002
Task 2- CWMA Copermittee Coordination
WQIP Monthly Meetings attendance 72 $9,594 $360 $9,594
Management Meeting with Lead Copermittee (2
hrs/month) 24 $3,552 - $3,552
Meeting agendas, summaries 36 $5,328 - $5,328
Technical materials and documents for group 46 $6,218 - $6,218
Monthly link check - Regional Clearinghouse 8 $948 - $948
Coordination with RWQCB and stakeholders 24 $3,552 $3,552
Subtotal Task 2 180 $29,192 $360 $29,552
Task 3 - Miscellaneous Activities
Miscellaneous Tasks - Recommended Not to Exceed Amount to be scoped and budgeted on a per task basis $44,278
Subtotal Task 3 $44,278
Task 4 - Contract Completion
Submittal of electronic versions of documents
developed as requested by Copermittees 12 $1,540 $1,540
Subtotal Task 4 12 $1,540 - $1,540
Subtotal w/out Miscellaneous Services $87,094
Subtotal w/ Miscellaneous Services $131,372
Subconsuitant List
Subconsultant General Scope of Work Approximate % of Work
of Total Proposed
Wood • Annual Report Monitoring Data and Assessment Review • Miscellaneous Tasks 5%
LWA • Annual Report Review • Miscellaneous Tasks 5°/0