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HomeMy WebLinkAbout2021-07-20; City Council; ; Professional Services Agreement with Weston Solutions, Inc. to Conduct a Bacteria Special Study in the Agua Hedionda Lagoon Meeting Date: July 20, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: James Wood, Environmental Manager james.wood@carlsbadca.gov, 760-602-7584 Subject: Professional Services Agreement with Weston Solutions, Inc. to Conduct a Bacteria Special Study in the Agua Hedionda Lagoon Districts: 1, 2 Recommended Action Adopt a resolution authorizing an agreement with Weston Solutions, Inc. to provide professional services to conduct a bacteria special study in the Agua Hedionda Lagoon for an amount not to exceed $148,907. Executive Summary The city is subject to an order by the California Regional Water Quality Control Board San Diego Region (National Pollutant Discharge Elimination System Order No. R9-2013-0001, as amended by order nos. R9-2015-0001 and R9-2015-0100) that requires the city to coordinate and prepare a water quality improvement plan. That order governs the Carlsbad Watershed Management Area, which consists of the following jurisdictions, collectively known as the co-permittees: San Diego County and the cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach and Vista. In February 2021, at the direction of the regional board, the co-permittees submitted an updated water quality improvement plan with the requirement to conduct water quality monitoring in the Agua Hedionda Lagoon. Because not all the other jurisdictions oversee areas that drain to the Agua Hedionda Lagoon, the cities of Carlsbad and Vista, and San Diego County, the Agua Hedionda co-permittees, will share the costs of the additional monitoring. Staff issued a request for proposals for a consultant to help the city conduct the required water quality monitoring. The services to be provided by this agreement will allow the Agua Hedionda co-permittees to comply with the additional monitoring requirements in the updated Water Quality Improvement Plan. Carlsbad Municipal Code Section No. 3.28.040(D)(1) requires the City Council to be the awarding authority for procurement of professional services for which the cost to the city is more than $100,000 per agreement year. With an annual not-to-exceed amount of $148,907, this agreement is subject to that requirement. The City Manager is authorized to execute up to four additional one-year amendments to the term of the agreement, or parts of it, in an amount of $148,907 per agreement year, with annual cost increases of up to 10% upon mutual agreement of the parties. July 20, 2021 Item #1 Page 1 of 29 Discussion Urban runoff does not follow jurisdictional boundaries and often travels through many jurisdictions while flowing to receiving waters, so the actions of multiple municipalities within a watershed can have a cumulative impact upon the shared receiving waters. According to the permit, the Carlsbad Watershed Management Area co-permittees are required to cooperate in the development and implementation of a water quality improvement plan, which includes water quality monitoring. The goal of the plan is 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. In 2019, the regional board requested that the Carlsbad Watershed Management Area co- permittees update its Water Quality Improvement Plan to address impacts to shellfish harvesting and the beneficial uses of contact recreation in the Agua Hedionda Lagoon.1 Staff provided detail to the City Council on this request in memoranda on Oct. 8, 2020, and Feb. 5, 2021 (Exhibit 2). The annual improvement plan, submitted to the regional board in February 2021, requires the Carlsbad Watershed Management Area co-permittees to conduct additional water quality monitoring related to the contact recreation beneficial use, and to track data collected by the California Department of Public Health related to the shellfish harvesting beneficial use. The city has served as the principal watershed co-permittee for the Carlsbad Watershed Management Area since 2013, and is to continue to do so for the life of the permit. With the city in this principal role, staff have agreed to manage a contract for a consultant to assist with the additional monitoring and tracking in the Agua Hedionda Lagoon, a project called the Agua Hedionda Lagoon Bacteria Special Study. The costs will be shared by all the Agua Hedionda co- permittees, as outlined in the Fourth Amended National Pollutant Discharge Elimination System San Diego Regional Stormwater Copermittees Memorandum of Understanding 2019, found in Exhibit 3 and approved by City Council Resolution No. 2019-107 and executed by all parties in 2019. The city issued a request for proposals for the Agua Hedionda Lagoon Bacteria Special Study on April 8, 2021. The city received proposals from four qualified firms and, consistent with Municipal Code Section 3.28.050(D), performed a best-value evaluation with a rating panel comprised of staff representing the Agua Hedionda co-permittees. The panel recommends awarding the professional services agreement to Weston Solutions, Inc., as the highest qualified proposer based on the best-value evaluation results. Duties of the contractor include the following: • Special Study Monitoring Plan development o Requires a detailed monitoring plan and quality assurance project plan to be approved by the regional board • Special study monitoring and reporting o Sample collection o Laboratory analysis 1 State policy for water quality control in California defines certain beneficial uses for bodies of water, such as the lagoons in Carlsbad. Uses of water for recreational activities involving body contact with water where ingestion of water is reasonably possible include swimming and waterskiing. July 20, 2021 Item #1 Page 2 of 29 o Coordinating access to the sampling sites o Data analysis, assessments, data submittal o All reporting, as required by the permit • Support for the shellfish harvesting beneficial use o Annual assessment of California Department of Public Health data to ensure that shellfish harvesting beneficial uses continue to be supported o Engagement with permittees in the Newport Bay watershed, which are facing similar challenges o Tracking statewide efforts related to the shellfish harvesting beneficial use • Various miscellaneous tasks as needed o Additional monitoring, assessment and reporting o Regulatory support for contact recreation or shellfish harvesting beneficial uses o Data coordination o Source identification studies o Additional monitoring plans o Response to regional board correspondence or requests o Other related tasks The City Manager is authorized to execute up to four additional one-year amendments to the term of the agreement, or parts thereof, in an amount of $148,907 per agreement year, with annual cost increases of up to 10% upon mutual agreement of the parties. Options Staff provide the following options for the City Council’s consideration: 1. Adopt a resolution awarding a professional services agreement to Weston Solutions, Inc. in an amount not to exceed $148,907 Pros: • Weston Solutions, Inc. is recommended by the rating panel after performing a best-value evaluation • Award of the agreement complies with CMC Sections 3.28.050 and 3.28.060 on the procurement of professional services • Work on the special study and associated tasks can start upon award of the agreement • Funding is available for the agreement Cons • None identified 2. Do not award the professional services agreement to Weston Solutions, Inc. Pros • None identified Cons • Delays start of the special study • Inaction would be inconsistent with the city’s duties as the principal watershed co-permittee • May not get high quality bidders if the project is put out to bid again July 20, 2021 Item #1 Page 3 of 29 Staff recommend Option 1 for the City Council’s approval – adopt a resolution awarding a professional services agreement to Weston Solutions, Inc. in an amount not to exceed $148,907. Fiscal Analysis The proposed agreement with Weston Solutions, Inc. is for an amount not to exceed $148,907 for a term of one year. The cost for this agreement will be shared by the Agua Hedionda co- permittees as noted in the regional memorandum of understanding. To calculate the per- jurisdiction costs, staff used the formula agreed upon by the co-permittees of 45% land area, 45% population and 10% equal division as defined in Section II.B of the memorandum. Additionally, the city will collect a 5% management fee of $4,148. The following table outlines the cost per jurisdiction for the contracted services. Jurisdiction Share of total 5% Management fee Total City of Carlsbad $65,943 $0 $65,943 County of San Diego $38,130 $1,906 $40,036 City of Vista $44,834 $2,242 $47,076 Totals $148,907 $4,148 $153,055 *Numbers may be slightly off due to rounding errors. Detailed numbers are shown in Exhibit 4. There are adequate funds in the Solid Waste Fund’s operating budget to fund the city’s obligation for this proposed agreement. Next Steps Upon the City Council’s approval, staff will direct Weston Solutions, Inc. to begin work on the Special Study Monitoring Plan development, special study monitoring and reporting, providing support for the shellfish harvesting beneficial use and various miscellaneous tasks as needed. Additional amendments may be required to continue the special study, support for shellfish harvesting beneficial use and miscellaneous activities in future years. The special study is expected to be completed in about two to as much as four years. 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 This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution 2. City Council memorandum dated Feb. 5, 2021, which includes Attachment A, and City Council memorandum dated Oct. 8, 2020 3. Fourth amended National Pollutant Discharge Elimination System San Diego Regional Stormwater co-permittees memorandum of understanding 2019 4. Agua Hedionda co-permittees cost sharing for Agua Hedionda Special Study July 20, 2021 Item #1 Page 4 of 29 RESOLUTION NO. 2021-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN AGREEMENT WITH WESTON SOLUTIONS, INC. TO PROVIDE PROFESSIONAL SERVICES TO CONDUCT A BACTERIA SPECIAL STUDY IN THE AGUA HEDIONDA LAGOON IN AN AMOUNT NOT TO EXCEED $148,907 WHEREAS, the California Regional Water Quality Control Board San Diego Region (Regional Board) issued National Pollutant Discharge Elimination System (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 WHEREAS, in 2019, the Regional Board requested that the CWMA Copermittees update the WQIP to conduct additional monitoring and tracking in the Agua Hedionda Lagoon; and WHEREAS, City of Carlsbad staff have agreed to provide contract management services as the Principal Watershed Copermittee for the CWMA; and WHEREAS, the City of Carlsbad, County of San Diego and City of Vista (Agua Hedionda Copermittees) agreed to collaborate, share costs on the additional monitoring and tracking in the Agua Hedionda Lagoon, and issued a Request for Proposals for the Agua Hedionda Lagoon Bacteria Special Study; and WHEREAS, the city received proposals from four qualified firms and, consistent with Carlsbad Municipal Code Section 3.28.050(D), performed a best-value evaluation with a rating panel comprised of staff representing the Agua Hedionda Copermittees; and WHEREAS, staff recommend awarding the Agua Hedionda Lagoon Bacteria Special Study professional services agreement to Weston Solutions, Inc., based on the results of the best-value evaluation; and July 20, 2021 Item #1 Page 5 of 29 WHEREAS, the initial period of the Agua Hedionda Lagoon Special Study agreement will be for one year commencing upon final execution of the agreement with the option to amend the contract to extend it for up to four additional one-year periods as per City of Carlsbad contracting practices for a total term of five years; and WHEREAS, total contract costs for fiscal year (FY) 2021-22 are in an amount not to exceed $148,907; and WHEREAS, on June 25, 2019, the City Council adopted Resolution No. 2019-107 authorizing the Mayor to execute the Fourth Amended NPDES San Diego Regional Stormwater Copermittees Memorandum of Understanding 2019 (Regional MOU); and WHEREAS, the Agua Hedionda Copermittees agreed to share costs associated with the Agua Hedionda Lagoon Special Study in accordance with the Regional MOU; and WHEREAS, as the Principal Watershed Copermittee, the city will collect an additional non- refundable administrative fee from each Agua Hedionda Copermittee equal to 5% of their respective proportional contract costs, with the total agreed-upon cost as $153,055 for FY 2021-22; and WHEREAS, the City of Carlsbad's proportionate share of costs for FY 2021-22 is $65,943, which is included in the Watershed Protection division budget for FY 2021-22; and WHEREAS, the city will receive a management fee of $4,148 from the other Copermittees; and WHEREAS, the City Planner has determined that pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of the California Environmental Quality Act (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. 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.That the Mayor is hereby authorized and directed to execute the professional services agreement with Weston Solutions, Inc., for and on behalf of the City of Carlsbad, attached hereto as Attachment A. 3.That the City Manager is authorized to execute up to four additional one-year amendments to the term of the Agreement, or parts thereof, not to exceed $148,907 July 20, 2021 Item #1 Page 6 of 29 per agreement year, with annual cost increases of up to 10% upon mutual agreement of the parties. PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the 20th day of July, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel. NAYS: None. ABSENT: None. MATT HALL, Mayor 1 • / Per-tri 6-om e 2 / BARBARA ENGLESON, City Clerk Dept Ct cleAz (SEAL) July 20, 2021 Item #1 Page 7 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV AGREEMENT FOR AGUA HEDIONDA LAGOON BACTERIA SPECIAL STUDY WESTON SOLUTIONS, INC. THIS AGREEMENT is made and entered into as of the 20th day of July 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Weston Solutions, Inc., a Pennsylvania corporation, ("Contractor"). RECITALS A.City requires the professional services of a consultant that is experienced in development and implementation of a monitoring special study. B.Contractor has the necessary experience in providing professional services and advice related to development and implementation of a monitoring special study. C.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. 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 be one hundred and forty-eight thousand nine hundred and seven ($148,907). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City Manager is authorized to execute amendments to the Agreement to extend it for four (4) additional one-year terms or parts thereof, in an amount of one hundred and forty-eight thousand nine hundred and seven ($148,907), with annual cost increases of up to ten percent (10%) within the scope of the agreement if both parties agree. 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 6/12/18 July 20, 2021 Item #1 Page 8 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax 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 directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination 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 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 City Attorney Approved Version 6/12/18 2 July 20, 2021 Item #1 Page 9 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-698C46EC5BB1 PSA21-1527ENV carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional 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 of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 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 City Attorney Approved Version 6/12/18 3 July 20, 2021 Item #1 Page 10 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV 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 clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13.OWNERSHIP OF DOCUMENTS 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 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 notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Tim Murphy Title Senior Program Manager Environmental Department Management City of Carlsbad Address 1635 Faraday Avenue For Contractor Name Andrea Crumpacker Title Director of Water Resources Address 5817 Dryden Place, Suite 101 Carlsbad, CA 92008 Phone No. 760-795-6987 Carlsbad, CA 92008 Phone No. 760-594-4077 Andrea.crumpacker@westonsolut Email ions.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 4 July 20, 2021 Item #1 Page 11 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-698C46EC5BB1 PSA21-1527ENV 16.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes E No 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 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 would be of benefit to both parties. The representative receiving the letter will reply to the letter 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 will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 5 July 20, 2021 Item #1 Page 12 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV 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 seq., 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 terminate this Agreement. 23.JURISDICTION 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 will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 July 20, 2021 Item #1 Page 13 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV 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 conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal WESTON SOLUTIONS, INC., a corporation of the State of California Pennsylvania corporation By: StEmt- ttar (sign here) Steve Blarr, Senior VP, Secretary (print name/title) By: Matt Hall, Mayor ATTEST: By: Rector 660-le 2, c Jj for Barbara Engleson, City Clerrk ePthi l C/e/J.0 (sign here) Alan Solow, CEO, 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 6/12/18 7 July 20, 2021 Item #1 Page 14 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV - Exhibit "A" 4 PROPOSED APPROACH TO ACCOMPLISH THE WORK The following sections provide the proposed technical and management approach to perform the Scope of Work (SOW) for this contract. The Team possesses the experience and competence required to perform the SOW and provide cost-effective program support that delivers scientifically sound data and information. Task 1. REC-1 Beneficial Use in Agua Hedionda Lagoon—Phase 1: Special Study Monitoring Plan Development Approach: Weston and LWA will design the Agua Hedionda Lagoon Bacteria Special Study (Study) to meet the requirements of WQIP Appendix I: Agua Hedionda Phased Approach Information and Draft Monitoring Framework: REC-1 Beneficial Use in Agua Hedionda Lagoon — Phase I. The monitoring program will provide the data required to determine whether water quality conditions in the Inner Basin support REC-1 beneficial uses. Execution Plan: A comprehensive Monitoring Plan will be developed (led by LWA) that outlines the monitoring, assessment, and reporting needs for the Study. In accordance with the Draft Monitoring Framework, a probabilistic approach may be utilized. This approach would include dividing the Inner Basin into a numbered grid and randomly selecting one grid cell for sampling at its centroid each week in order to collect water quality data representative of the entire Inner Basin. The Team will evaluate the most appropriate sampling approach and finalize the approach during Monitoring Plan development. Updates to the monitoring approach may also be required if feedback is received from the Regional Board after their review of the Monitoring Plan. As part of the Monitoring Plan, Weston will also develop a QAPP including a Health and Safety Plan (HASP). The QAPP will detail the quality objectives for the field measurements, sample collection, laboratory analysis, and reporting requirements for the Study. The HASP will follow the requirements of California Occupational Health & Safety (Cal-OSHA) and will address site-specific safety concerns including, but not limited to, site accessibility and environmental hazards. The HASP will be submitted electronically prior to the start of field work. Schedule Compliance: The Agua Hedionda RAs and the Regional Board will have the opportunity to comment on the draft documents according to the schedule proposed below. If necessary, meetings including the Agua Hedionda RAs and the Regional Board will be scheduled during the development of the documents. The proposed schedule is based on the RFP project schedule, which indicates that a Notice to Proceed (NTP) is expected in July. Updates to the schedule may be required if the NTP or comments from the Agua Hedionda RAs or the Regional Board are not received according to the proposed schedule. Deliverables: •Electronic submittal of the Draft Monitoring Plan (including QAPP and HASP) to the Agua Hedionda RAs by August 13, 2021. For scheduling purposes, it is assumed that the Agua Hedionda RAs will provide comments on the draft documents by August 23, 2021. •Electronic submittal of the Draft Final Monitoring Plan to the Regional Board by August 30, 2021. For scheduling purposes, it is assumed that the Regional Board will provide comments on the draft documents by September 13, 2021. If the Regional Board requires more time, the schedule will require updating to accommodate their review. •Electronic submittal of a Final Monitoring Plan to the Agua Hedionda RAs and to the Regional Board prior to initiation of monitoring in September 2021. Task 2. REC-1 Beneficial Use in Agua Hedionda Lagoon—Phase 1: Conduct Agua Hedionda Lagoon Bacteria Special Study Monitoring and Reporting Approach: Weston will utilize staff experienced with coastal water bodies and trained in bacteria sample collection and data assessment to conduct the monitoring and reporting specified by the Monitoring Plan. Attention to safety and quality are integral parts of the Weston culture, and all aspects of the monitoring and reporting program will adhere to Weston's strict quality assurance standards. Team safety meetings and quality reviews will be conducted to ensure that safe and reliable business practices are used during the performance of this program. All personnel July 20, 2021 Item #1 Page 15 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV - Exhibit "A" will review the HASP and QAPP prior to beginning work on the program and will comply with the QA/QC requirements that pertain to their organizational/technical function. Execution Plan: Weston's experience monitoring in the Agua Hedionda Lagoon will provide efficiency for initiating monitoring activities. Our staff will coordinate with the City of Carlsbad to receive a permit for our vessel to access the lagoon and will work with the local owners of Carlsbad Water Sports to obtain a launch permit/permission to launch our larger inflatable vessels in the case of inclement weather. When weather is calm it is anticipated that monitoring will be conducted from one of Weston's kayaks. Sampling events will be conducted on a weekly basis for a period of one year beginning in September 2021,' at the same time and on the same day each week to ensure representation of various weather and tidal conditions in the data set (one sample will be collected each week for 52 weeks). Weston will provide monthly summaries of monitoring activities and results to the City Project Manager and RAs. If requested, Weston will include monitoring results in the Carlsbad WMA WQIP monitoring updates provided at the Carlsbad WMA monthly meetings. Water Quality Sampling During each sampling event, Weston's scientists will record observations of site conditions including weather and precipitation, presence and type of wildlife, color, and turbidity using Survey123. Potential sources of bacteria that may impact sample results or water quality will also be identified, photographed, and reported to the Agua Hedionda RAs. QA/QC procedures will be closely adhered to and anomalies will be quickly reported and addressed to ensure collection of scientifically sound and representative data. All instruments used for field and laboratory analyses will be calibrated in accordance with manufacturer's specifications. Weekly surface water grab samples will be collected from the shoreline or from an inflatable boat or kayak. A laboratory-certified clean container will be attached to a sampling pole and dipped below the water's surface. The sampling container will be pre-labeled with the sample identification, date, time, and analysis to be performed. In addition, field parameters (pH, dissolved oxygen, temperature, turbidity, and conductivity) will be measured from a grab sample using a YSI Pro DSS water quality sonde calibrated for the salinity of the water (or similar device). This scope of work includes collection and analysis of field duplicate and field blank samples at a frequency of 5% of field samples (each) in accordance with established Surface Water Ambient Monitoring Program (SWAMP) protocols.' Samples will be stored on ice and transported under COC within holding times to Enviromatrix Analytical, Inc. (EMA), an Environmental Laboratory Accreditation Program (ELAP)-certified analytical laboratory in San Diego, CA. The samples will be analyzed for the fecal indicator bacteria Enterococcus and EMA will provide analytical reports and California Environmental Data Exchange Network (CEDEN)-compatible electronic data deliverables (EDDs) to Weston. Weston's data specialists will work with EMA to finalize the EDDs, following Weston's data verification process. All collected data will be submitted to CEDEN. Data Assessment and Reporting The 47 geometric means derived from the 52 weekly samples will be compared to the geometric mean standards for Enterococcus established by Part 3 of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California — Bacteria Provisions and a Water Quality Standards Variance Policy (Bacteria Provisions). The number of geometric mean exceedances for Enterococcus in the Inner Basin will be compared to the thresholds for impairment outlined in the Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List (Listing Policy). For a sample size of 47, less than 8 geometric mean exceedances would indicate that REC-1 beneficial uses are supported. A Draft Agua Hedionda Lagoon Bacteria Special Study Report will be developed utilizing Weston's rigorous QA/QC process to ensure the deliverables have received appropriate technical, editorial, and managerial review. I Finalized schedule will he dependent on receipt of the Notice to Proceed and on Regional Board approval of the Monitoring Plan. It may be beneficial to align the monitoring schedule with the Permit monitoring year and initiate sampling in October, 2021. 2 The number of field duplicates and field blanks will follow the QAPP that will be developed under Task 1. Field duplicates are not a current SWAMP requirement for indicator bacteria. However, the collection and analysis of a field duplicate is often recommended. July 20, 2021 Item #1 Page 16 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C564398C46EC5BB1 PSA21-1527ENV - Exhibit "A" The report will detail the year's monitoring activities, analytical results, and the assessment results determining whether REC-1 beneficial uses were supported. If the first year of data indicate REC-1 beneficial uses are supported, the Agua Hedionda RAs will continue implementing their Phase I strategies and periodic sampling may be conducted for verification. Potential methodology for this verification monitoring will be outlined in the Monitoring Plan and periodic sampling would be conducted under Task 4. Schedule Compliance: The Agua Hedionda RAs will have the opportunity to comment on the Draft Report according to the schedule proposed below. The Final Report will be submitted to the Regional Board in January 2023 with the 2021-2022 WQIP Annual Report, to be submitted by the Carlsbad WMA RAs as required by the Order No. R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100 (Permit) or subsequent issued Order. Weston will work with the Carlsbad WMA WQ1P Report preparation consultant to ensure reporting schedules are aligned. Deliverables: •Monthly summaries of monitoring activities and results. •Electronic submittal of the Draft Agua Hedionda Lagoon Bacteria Special Study Report to the Agua Hedionda RAs by November 11, 2022. For scheduling purposes, it is assumed that the Agua Hedionda RAs will provide comments on the Draft Report by December 9, 2022. •Electronic submittal of the Final Agua Hedionda Lagoon Bacteria Special Study Report with the 2021- 2022 Water Quality Improvement Plan Annual Report by January 31, 2023. •CEDEN formatted data and CEDEN data receipts. Task 3. Support RAs with SHELL Beneficial Use in Agua Hedionda Lagoon Approach: LWA has been the regulatory and technical lead supporting the RAs in working with Regional Board staff and stakeholders to better understand conditions in the Lagoon since January 2020. Due to challenges and uncertainties3 related to SHELL beneficial uses and considering the resources necessary to initiate REC-1 monitoring, the RAs have committed to (1) implementation of Phase 1 of the proposed approach during the open condition and (2) continued coordination with stakeholders, with the CDPH, and with Regional Board staff. Execution plan: LWA developed the phased approach to determine whether water quality conditions support commercial shellfish harvesting operations in the Lagoon. Phase I is a two-pronged approach to address the open and closed conditions. Under the open condition, water quality has been demonstrated to be supportive of beneficial uses4. To verify that conditions are continuing to meet National Shellfish Sanitation Program (NSSP) standards (geometric mean of 88 MPN/100 ml; 90th percentile of 260 MPN/100 ml ), LWA will compare fecal coliform (FC) data collected by CDPH to NSSP standards each year. No additional activities are envisioned to assess the open condition. Under closed conditions, data collected by CDPH do not always meet NSSP standards. However, one of the key challenges is that the standards assume that FC concentrations are correlated with elevated risk to consumers. On the contrary, the correlation between FC in the water column and pathogens in the shellfish has been lacking in recent studies conducted in Newport Bay.' LWA has provided regulatory and technical support to stakeholders and regulators in the Newport Bay Watershed since 2016. Through this work, LWA is engaged in the most current CDPH has noted that it is unlikely that actions taken by the RAs will result in changing the conditionally restricted status of the Lagoon; the Lagoon is privately owned, therefore access to the shellfish harvesting area for monitoring may be limited; the intake to the desalination plant will be relocated in the near future, which may necessitate halting and/or relocation of the shellfish beds; and results of the studies in Newport Bay have demonstrated that there is no correlation between FC concentrations in the water column and pathogens in shellfish under dry weather conditions. CDPH data collected between 2010— 2020, analyzed and presented to the Consultation Panel, Sept. 03, 2020. Zimmer-Faust, Amy. Assessing Appropriateness of Recreational Shellfish Harvesting Bacterial Standards. Presentation to Southern California Coastal Water Research Project Commissioners. Dec.4, 2020. July 20, 2021 Item #1 Page 17 of 29 A • —National Shellfish Sanitation Program Geometric Mean Standard •#o5 Station a fio5N Station •#055 Station DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-698C46EC5BB1 PSA21-1527ENV - Exhibit "A" SHELL related studies' in the State and can leverage the relationships and information on behalf of the RAs, as demonstrated in the initial coordination call with Orange County staff on December 10, 2020. Rather than performing monitoring work that may be unnecessary, coordination with Newport Bay stakeholders will be sought to inform decisions in the Agua Hedionda Watershed. In developing the phased approach, several challenges have been evident that are not easily overcome: inconsistent water quality benchmarks, lack of linkage between FIB in the water column and risk to shellfish consumers, and non- MS4 sources that are not well characterized. These issues have been recognized by the State Board in their 2019 Ocean Plan Review.' In fact, the State Board ranked SHELL beneficial uses as a high priority for further study. LWA regularly engages with State Board staff through direct contact and through various working groups to provide expert input on policy decisions and scientific studies. State Board staff has also been tracking the work in the Newport Bay Watershed. LWA will continue to track the latest State level activities and is well positioned to engage with State Board staff should it be beneficial. Schedule Compliance: Schedule for Task 3 will include an annual assessment of CDPH data and periodic meetings with various stakeholders. Data assessment and deliverables will be coordinated with the WQ1P Annual Report schedules. Quarterly meetings are proposed with stakeholders in the Newport Bay watershed to facilitate information sharing and coordination. Additional meetings with stakeholders in the Agua Hedionda Watershed are also expected. The proposed activities are largely dependent on Regional Board input to the approach proposed by the RAs in March 2021 and could shift based on their feedback. Deliverables: •The CDPH data assessment report will be submitted as an appendix to the WQIP Annual Report and will be coordinated with that schedule. A draft will be available for review in November each year with a fmal report in December. •Other deliverables may include meeting agendas, presentations, and notes and will be aligned with meeting schedules as needed. Quarterly coordination meetings would be initiated upon NTP and schedule for July, October, January, and April each year. Other meetings with stakeholders will be scheduled as needed. Task 4. Miscellaneous Activities Under this task, Weston and LWA will provide support to the Agua Hedionda RAs to implement the phased approach outlined in WQ1P Appendix 1 or other tasks as necessary. If data collected under Task 2 indicate impairment of REC-1 beneficial uses, Phase II may be triggered. This task may include additional monitoring, assessment and reporting, regulatory support for REC-1 or SHELL Beneficial Uses or other related beneficial uses, data coordination, source identification studies, additional monitoring plans, response to Regional Board correspondence or requests. The team Weston has assembled to support the City has broad and extensive experience in all aspects of water resources. Our Team is primed to support the needs of the RAs and our experts are well versed with providing technical documents and presentations, preparing scientifically sound monitoring plans, sampling and analysis plans, and SWAMP compliant QAPPs. The Weston team's extensive experience with water quality and coastal lagoon monitoring, the complex regulatory environment, and data assessment and reporting together with our focus on cost efficiency and quality have made us a trusted provider of water resources to our clients. Next steps involve monitoring to better understand the linkage between FIB in the water column and pathogens in shellfish under wet weather conditions. State Water Resources Control Board, California Environmental Protection Agency. Final Staff Report and Work Plan for 2019 Review of the Water Quality Control Plan for Ocean Waters of California.Dec.3, 2019. July 20, 2021 Item #1 Page 18 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9056-B98C46EC5BB1 PSA21-1527ENV - Exhibit "A" 5 KNOWLEDGE AND UNDERSTANDING OF LOCAL ENVIRONMENT AND ISSUES The Weston Team are locally based dedicated professionals with in-depth knowledge of the Carlsbad WMA and of Agua Hedionda Lagoon. Because Weston's office is located in the City of Carlsbad and many of our employees live and recreate in the watershed, we understand the local laws, ordinances and requirements. Since 2019 Weston has implemented the Carlsbad WMA WQIP monitoring program, working closely with the Carlsbad WMA RAs (including the City of Carlsbad, the City of Vista and the County of San Diego), as well as other consultants in the WMA to ensure that client's needs are met and program requirements are fulfilled. For example, Weston works with each of the RA's staff and/or consultant to gather and assess dry weather MS4 field screening and priority outfall monitoring data for the WQIP Annual Report each year. Weston's staff regularly attend Carlsbad WMA monthly meetings to communicate monitoring updates and stay abreast of watershed issues. Our Team's collaboration with the Agua Hedionda Lagoon RAs also includes LWA's integral role in development of the Agua Hedionda Lagoon special study framework. LWA has served as the regulatory and technical lead supporting the RAs in coordinating with Regional Board staff and stakeholders to better understand conditions in the Lagoon since January 2020 and developing the phased approach for moving forward. 6 PROJECT ORGANIZATION AND KEY PERSONNEL The Weston Team will be led by Alexander Schriewer, Ph.D. Dr. Schriewer is a recognized leader in water resources in southern California and provides his clients with over 15 years of professional experience in environmental sciences and microbial source tracking. Dr. Schriewer will serve as the direct point of contact with the City Project Manager and will be supported by our local team of experts in the Carlsbad, CA office together with expert staff from our subconsultants, LWA and EnviroMatrix Analytical. No changes in the team composition will be made without written approval from the City. Brief summaries of the qualifications of Key Personnel and Task Leads proposed to support this contract are provided below. Full resumes for all proposed personnel are provided as Attachment A. As a full-service team, our staff offer a wide range of skill sets and depth of experience that will provide support to all requested aspects of the scope of work. July 20, 2021 Item #1 Page 19 of 29 Subconsultants Lam./ vi'ilaiker and Associates EnviroMatrix Analytical, Inc. DocuSign Envelope ID 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV - Exhibit "A" 6.1 Proposed Project Organization Figure 1. Organizational Chart Legend Communication Lines Reporting Lines Task Lead (City of Carlsbad Technical Advisors Project Manager Andrea Crumpacker. Ashli Desai • Alexander Schriewer, Ph.D. Assistant Project Manager Amy Margolis Task 1. REC-1 Task 2. REC-1 Task 3. SHELL Support Task 4 Miscellaneous Monitoring Plan/QAPP Monitoring & Reporting Hans Trammel, P.E. Paul Hartman' Katherine Dunn Paul Hartman Michelle Mattson. CPS'AfQ" Shed Dister, GISP, PM1043.7 Kyle Clouthier Ryan Parks Paul Hartman Ryan Parks Andie Ledesma Bryant Alvarado Nick Cochran. CPSWQ, Bryant Alvarado Amy Margolis Sheila Holt QSD/OSP Satomi Yonernasu Dan McCoy Steven Bolton. LEED Ape 6.2 Key Personnel Management Team Alexander Schriewer, Ph.D., Project Manager, has over 15 years of experience working for Southern California municipalities and counties providing surface water and environmental services including project management, scientific consulting, study design, microbiological and chemical expertise, and data analysis. Dr. Schriewer will serve as the project manager and point of contact with the City and in direct communication with the project coordinator for the duration of this contract. He has designed multiple MST studies for various clients including for the County of San Diego in the San Luis Rey and San Diego Rivers; for the Port of San Diego (POSD) at the Shelter Island Shoreline Park; for the City of Oceanside in Loma Alta Slough; and for CDM Smith in the Middle Santa Ana River Watershed. He will serve as the Project Manager for the duration of this contract. Mr. Schriewer currently serves as the project manager for the first-ever Natural Source Exclusion (NSE) program in Southern California at Inner Cabrillo Beach for the Port of Los Angeles (POLA) designing ongoing studies to quantify sources of bacteria loading to the beach and helping the POLA come into compliance with the Inner Cabrillo Beach Bacteria TMDL. Andrea Crumpacker, Technical Advisor, has 20 years of experience in jurisdictional stormwater program support, TMDL development, MST studies, monitoring study design, environmental analysis, and biological assessments and 15 years of experience working for Southern California municipalities and counties providing stoimwater environmental services. Ms. Crumpacker will be providing technical assistance for the duration of this contract. Ms. Crumpacker has conducted numerous source tracking studies in Southern California, including for the City of Oceanside, POLA, POSD, County of Los Angeles, and the County of San Diego. Her recent experience includes serving as Weston's Program Manager for the San Diego County Copermittee program, LADPW stormwater programs, and POLA Inner Cabrillo Beach Bacteria TMDL program. July 20, 2021 Item #1 Page 20 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV - Exhibit "A" Ashli Desai, Firm: Larry Walker Associates, Role: Strategic and Regulatory Advisor, has over 20 years of experience in managing complex watershed and sustainability project planning for clients throughout Southern California. Ms. Desai is primarily responsible for overseeing LWA's TMDL, stormwater, and regulatory assistance work in Southern California, including stormwater permit development and implementation; regulation and policy review and comment; TMDL review, development and implementation; and watershed management. Ms. Desai specializes in facilitating coordination between municipal agencies, stakeholder groups, and regulatory agencies to develop solutions that support stakeholder developed strategies for sustainably managing water resources. Ms. Desai has been supporting the responsible agencies in the Agua Hedionda Watershed since 2008, leading the process to delist the Lagoon for bacteria and sediment, and more recently providing strategic and regulatory guidance in the development of the regulatory strategy and phased approach to better understand conditions related to REC-1 and SHELL beneficial uses in the Lagoon. Amy Margolis, Assistant Project Manager, has 20 years of professional experience as an environmental biologist, with extensive experience preparing MS4 Permit Monitoring and Assessment Reports, SAPs, QAPPs, and laboratory reports. She will serve as the Assistant Project Manager working directly with the project manager for the duration of this contract Ms. Margolis is currently supporting the Carlsbad WMA WQIP Monitoring Program with updating the WQIP Monitoring Plan, and supports the annual Permit required data assessments for the watershed. She will facilitate communication with the Carlsbad WMA RAs and other consultants currently supporting the WMA. Ms. Margolis has served as the Reporting Task Lead for five years for the WQIP Annual Reports for the County of San Diego Reporting Contract (for San Luis Rey River, Santa Margarita River, and San Diego River WMAs). Her expertise includes conducting Permit required data assessments, interpreting Permit requirements, and overseeing programmatic QA/QC. Ms. Margolis has also written numerous annual reports, monitoring plans, work plans, and QAPPs for LADPW, Riverside County Flood Control and Water Conservation District (RCFC8cWCD), City of San Diego, and other San Diego Region Copermittees. Paul Hartman, Firm: Larry Walker Associates, Task Lead, has over 20 years of experience in water quality and regulation focused on strategic, cost effective development and implementation of compliant municipal stormwater and watershed programs across California, including regulatory and technical support in TMDL development and implementation and evaluation of new regulatory policies. Mr. Hartman will be the Lead for monitoring plan development under Task 1, and for Task 3 for the duration of this contract. His experience spans multiple watersheds in Southern California with varied pollutant waterbody combinations and regulatory challenges, and includes working on TMDLs for bacteria, sediment, and nutrients targeting estuaries within North San Diego County. Mr. Hartman is currently the project manager serving the RAs in the Agua Hedionda Watershed in developing and implementing their strategy to better understand conditions within the lagoon related to recreational and shellfish harvesting beneficial uses. His experience in working with the RAs and stakeholders to develop and implement the strategy thus far provides unmatched expertise to the Team. Mr. Hartman most recently led the development of the monitoring frameworks to address the REC-1 and SHELL beneficial uses in Agua Hedionda Lagoon. Prior to joining LWA, Mr. Hartman was responsible for managing comprehensive planning, implementation, assessment, and overall compliance for three Phase I municipal stormwater programs in North San Diego County, providing him with in-depth knowledge of the Carlsbad Watershed, as well as internal operations and preferences of the RAs, and trusted relationships with regulators and key stakeholders. Sheri Dister, GISP, PMPV, Task Lead, has 28 years of professional experience in environmental sciences and GIS. For the past 13 years at Weston, she has supported numerous clients in Southern California with MS4 permit compliance and planning as both a Project Manager and GIS Subject Matter Expert. Public agencies she has assisted include the LADPW, County of San Diego and other San Diego County MS4 Permit Copermittees, RCFC&WCD, and the Ports of Los Angeles and Long Beach. She has also provided expertise to a variety of projects in Southern California involving sampling and assessment of water quality, sediment, bioassessment, and trash; source investigations including MST; best management practice (BMP) planning and applications; and watershed modeling. She has managed July 20, 2021 Item #1 Page 21 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV - Exhibit "A" development of monitoring plans and QAPPs for various programs including the Santa Margarita Investigative Order. Michelle Mattson, Task Lead, has approximately 14 years of experience in the environmental field including 10 years focused on water resources in Southern California. Ms. Mattson currently leads the WQIP monitoring program for the Carlsbad WMA Participating Agencies and has extensive experience working collaboratively with county, city and regulatory agencies. She will be the lead for Task 2 for the duration of this contract and will provide support to the development of the Monitoring Plan and QAPP under Task 1. She has extensive experience developing monitoring program documentation including QAPPs and Monitoring Plans, leading teams of staff and sub- consultants to complete complex monitoring projects on budget and on schedule and collaborating across multiple jurisdictions and agencies to achieve program goals. Snbconsultants and Laboratories LWA is a privately-owned California corporation and certified Small Woman-Owned Business Enterprise providing consulting services ranging from highly specialized water quality, stormwater, and watershed management services to traditional wastewater engineering. As a firm of engineers, scientists, and experts in water quality science and regulation, we have the insight and foresight that comes only with years of experience implementing local, state, and federal environmental laws and regulations. Headquartered in Davis, LWA currently has approximately 50 professional and support staff, with regional offices located in Santa Monica, Ventura, Berkeley, San Jose, and San Diego, as well as Seattle, Washington. Over the past 42 years, LWA has leveraged our expertise in environmental permit compliance to assist municipal clients with developing solutions to complex regulatory challenges that meet their needs and are approvable by Regional Water Boards, the State Board, and the USEPA. We have developed stormwater solutions for multiple Southern California cities and counties, including, but not limited to, the cities of Santa Clarita, Los Angeles, Camarillo, Thousand Oaks, San Diego, and the counties of Los Angeles, Ventura, San Diego, and Riverside; as well as local watershed management groups, including the Santa Margarita, San Luis Rey, Carlsbad, and San Diego River watersheds. EnviroMatrix Analytical, Inc. (EMA) is a full-service California State-certified laboratory that has been providing high-quality analytical services to its clients since it was established in 1974. EMA has worked closely with Weston over the years in providing various testing for dry weather/wet weather, soil and sediment projects. EMA has helped Weston on these projects by meeting the short holding times and quick turnaround times required by the analytical tests requested. Furthermore, EMA has the capability to provide final report data in various electronic data formats. EMA is centrally located in San Diego County in the Kearny Mesa area with close proximity to Interstate 15 and 52. EMA is designed to provide clients with a variety of analytical capabilities that respond to complex technical and regulatory issues. EMA's laboratory is equipped with state-of-the-art analytical instrumentation to facilitate cost-effective analyses on a variety of complex sample matrices for trace metals, organics, inorganic wet chemistry, and microbiology parameters. 7 COST ESTIMATE Weston has provided our Cost Estimate as a separate file, per the RFP. 8 STATEMENT OF UNSPECIFIED VALUE-ADDED OFFERINGS The Weston Team of recognized bacteria and regulatory experts is uniquely poised to satisfy the City's scope of services for this proposal. The Team has decades of experience in the local area, is located in the City of Carlsbad, and is currently performing work in the watershed in support of the Carlsbad WMA RAs. Due to the proximity and familiarity with the Lagoon and the issues facing the RAs, our Team offers efficiencies for development and implementation of this program and can get started right away without any delay associated with spin up time. Our Team regularly communicates with City of Carlsbad, City of Vista, and County of San Diego project managers and staff, local stakeholders and the Regional Board. Weston's focus on quality as a core value provides our clients with July 20, 2021 Item #1 Page 22 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV - Exhibit "A" added assurance that data will be scientifically defensible and reliable. Our scientific innovation has also established our state of the art-in house Molecular Laboratory as a trusted provider of molecular marker analysis. The Weston Molecular Laboratory is co-located with our Carlsbad office and offers a variety of gene-specific quantification methods in a multitude of environmental matrices. These assays can be used to identify and quantify host fecal sources for MST in support of bacteria source tracking projects and T'MDLs. Protocols are aligned with Environmental Protection Agency (EPA), State of California, and state of the science procedures and are adaptable to client specifications. Additional quantitative polymerase chain reaction (qPCR) or digital-droplet PCR (ddPCR) assays can be added on demand. Weston's laboratory participated in and passed the Bight '13 inter-calibration study and was found to have high-quality results. Currently, Weston's laboratory is conducting analysis of environmental samples for water and sediment for numerous clients in California and across the nation, including the County of San Diego in San Diego River and the POLA Inner Cabrillo Beach Bacteria TMDL natural source exclusion study. Previously, the laboratory supported analysis of environmental samples for the City of Oceanside's Clean Beaches Initiative funded Microbial Source Identification Study for Buccaneer Beach and Loma Alta Creek, County of Ventura Bacteria Source Investigation Study, City of San Clemente's Poche Beach Bacterial Source Investigation, San Diego River Bacterial Source Investigation, Tecolote Creek Bacterial Source Investigation, and Tijuana River Watershed Bacterial Source Investigation Study. 9 ADDENDA TO THIS REQUEST FOR PROPOSAL Weston Acknowledges Amendment 1 dated 3 May 2021 and has attached the signed acknowledgement as Attachment B, per the RFP. 10 EXCEPTIONS TO THIS REQUEST FOR PROPOSAL Weston has reviewed the sample agreement and takes no exceptions. July 20, 2021 Item #1 Page 23 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9056-B98C46EC5BB1 PSA21-1527E NV - Exhibit "A" Wa.,AzW,:fs.4146iA.V;- Agua Hedionda Lagoon Bacteria Special Study 2021 List of Assumptions for Costing: Proposed costs provided in the table below are based upon the following assumptions. •The Monitoring Plan for REC-1 includes: o 2 meetings with RAs o 1 meeting with Regional Board o Preparation of 2 drafts and 1 final document •Monitoring, Data and Reporting assumes collection of one sample per week (for 52 weeks) at one location in the Lagoon. •Follow-up sampling is not included under Task 4. If required, the additional costs can be drawn from Task 4 budget pending authorization by the City of Carlsbad. •Fees for laboratory analysis are not included in this scope of work. Analysis of Enterococcus will be conducted by Encina Water Authority (EWA) under a separate scope of work/contract between the City of Carlsbad and EWA. •Annual Assessment of CDPH data includes assessment and technical memorandum for inclusion in the Water Quality Improvement Plan Annual Report (1 draft report and one final report). •Engagement with Stakeholders in the Newport Bay Watershed assumes quarterly meetings. •Coordination with Stakeholders under Task 3 includes RAs, CDPH and Regional Board staff for up to 20 hours for associate and project scientist, 4 hours for president (approximately 5-6 meetings depending on length and preparation required) •Costs for Task 4 are considered placeholders as the scope is not defined for Task 4. Additional funds may be needed depending upon the specific item/project requested by the RAs. Subconsultants: The following subconsultants are proposed for this project: Larry Walker and Associates (LWA). LWA will lead development of the REC-1 Monitoring Plan, provide input for reporting, and will lead Task 3. LWA may also provide as-needed miscellaneous support under Task 4. LWA is expected to perform approximately 30% of the work under this scope. July 20, 2021 Item #1 Page 24 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV - Exhibit "A" Ague Hedionda Lagoon Bacteria Special Study 2021 Category / Task Task 1 Task 2 Task 3 Task 4 Monitoring Plan QAPP Monitoring & Data Reporting Annual Assessment of CDPH Data & WQIP Annual Report Technical Memo Engagement with Newport Bay Watershed Stakeholders Tracking State Board Efforts Coordination with Stakeholders Miscellaneous As-Needed* Direct Costs Hourly Rate Project Principal $200 2 Project Manager $175 8 4 8 Task Leader $160 8 8 Senior Scientist $145 52 46 80 12 Scientist II $110 260 16 Scientist 1 $100 232 20 Environmental Analyst $90 4 4 Weston Labor Costs $1,800 $9,880 $58,470 $18,400 $1,740 $31,000 President $328 2 1 4 4 4 Associate Scientist $274 24 2 8 12 8 4 20 Senior Engineer $246 32 Project Scientist $180 2 6 8 ',0 LWA Total Labor $15,104 $908 $2,192 $4,696 $4,944 $2,408 $10,392 $14,000 Total Labor $16,904 S10,788 S58,470 $20,592 $4,696 $4,944 $2,408 $12 132 $45,000 Total Direct Costs $16,904 $10,788 S58,470 $20,592 $4,696 $4,944 $2,408 $12,392 $45,000 Indirect Costs External Costs (ice, mileage) $758 Internal Costs (equipment) $8.418 Total Indirect Costs $9,176 Fiscal Year Total Cost By FY FY 2021-2022 $148,907 $16,904 $10,788 $52,035 $4,696 $4,944 $2,408 $12,132 S45,000 FY 2022-2023 $68,223 $15,611 $20,592 $2,536 $4,944 $2,408 S12,132 $10,000 FY 2023-2024" $2,536 $2,536 FY 2024-2025" $2,536 $2,536 FY 2025-2026" $2,536 $2,536 Total Task S16,904 $10,788 $67,646 $20,592 $14,840 $9,888 $4,816 $24,264 $55,000 Total Cost $224,738 *Miscellaneous costs are as-needed placcholders, costs will be dependent upon specific request by RAs **FY Costs are dependent upon specific program needs that are not yet determined. These costs will he updated as the program progresses July 20, 2021 Item #1 Page 25 of 29 DocuSign Envelope ID: 0A8EA198-9FED-4278-9C56-B98C46EC5BB1 PSA21-1527ENV - Exhibit "A" Agua Iledionda Lagoon Bacteria Special Study 2021 Weston Rates Role Rate Project Principal $200 Technical Advisor $195 Technical Director $180 Project Manager $175 Task Leader $160 Engineer $155 Associate Engineer $130 Senior Scientist/Assistant PM $145 Scientist 3 $120 Sc ientist 2 $110 Scientist 1 $100 GIS Analyst $110 Environmental Analyst $90 Senior Technician $85 LWA Rates Role Rate President $328 Associate Scientist $274 Senior Engineer $246 Project Scientist $180 July 20, 2021 Item #1 Page 26 of 29 Exhibit 2 City Council memorandum dated Feb. 5, 2021, which includes Attachment A, and City Council memorandum dated Oct. 8, 2020 (on file in the Office of the City Clerk) July 20, 2021 Item #1 Page 27 of 29 Exhibit 3 Fourth amended National Pollutant Discharge Elimination System San Diego Regional Stormwater co-permittees memorandum of understanding 2019 (on file in the Office of the City Clerk) July 20, 2021 Item #1 Page 28 of 29 Carlsbad Watershed Management Area Agua Hedionda Copermittees Cost Sharing ‐ AH Special Study 2021EXHIBIT 4 Populations for entire watershed, and total land area for AH (does not account for land use types)Population*Equal Division45% 45% 10%2010 Population% of TotalPopulation FeeLand Area (Acres)% of TotalLand Area FeeEqual Division FeeShare of Total% of Total5% Management FeeTotal CARLSBAD 109,345 44.94% $30,111 7,708 46.07% $30,869 $4,964 $65,943 44.28% $0 $65,943S.D. COUNTY 54,822 22.53% $15,0964,512 26.97% $18,070 $4,964 $38,130 25.61%$1,906 $40,036VISTA79,169 32.53% $21,8014,512 26.97% $18,070 $4,964 $44,834 30.11%$2,242 $47,076TOTALS243,336 100.00% $67,008 16,732 100.00% $67,008 $14,891 $148,907 100.0%$4,148 $153,055*2010 US Census data, population was considered homogeneous over an entire Census Tract.** 2006 SANDAG Land Use codes: 1000, 1100, 1200, 1300, 1401, 1402, 1404, 1409, 1501, 1502, 1503, 2001, 2101, 2103, 2104, 2201, 2301, 4101, 4103, 4104, 4111, 4112, 4113, 4114, 4115, 4116, 4117, 4118, 4119, 4120, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5009, 6001, 6002, 6003, 6101, 6102, 6103, 6104, 6105, 6108, 6109, 6501, 6502, 6509, 6801, 6802, 6803, 6804, 6805, 6806, 6807, 6809, 7201, 7202, 7203, 7204, 7205, 7206, 7207, 7208, 7210, 7601, 7604, 7605, 7606, 7607, 8000, 8001, 8002, 8003, 9100, 9101, 9500, 9501, 9502, 9503, 9504, 9505, 9506, 9507, (Clipped to the County Water Authority Line).Excluded SANDAG Land Use codes: 1403, 4102, 6700, 6701, 6702, 6703, 7209, 7603, 7609, 9200, 9201, 9202, 9300.Agua Hedionda Copermittees Cost Sharing for AH Special StudyCarlsbad Management Area (904)CopermitteeLand Area** Total Invoiced148,907.00$ July 20, 2021Item #1 Page 29 of 29 Professional Services Agreement with Weston Solutions, Inc James Wood, Environmental Management Director Environmental Management July 20, 2021 {city of Carlsbad BACKGROUND •February 2021 Submitted and Updated Water Quality Improvement Plan •Regional Board included a requirement to conduct additional water quality monitoring in the Agua Hedionda Lagoon •Work under this agreement will fulfill that requirement {city of Carlsbad BUDGET SUMMARY Cost Shared between Agencies Jurisdiction Share of total 5% Management fee Total City of Carlsbad $65,943 $0 $65,943 County of San Diego $38,130 $1,906 $40,036 City of Vista $44,834 $2,242 $47,076 Totals $148,907 $4,148 $153,055 {city of Carlsbad RECOMMENDED ACTION •Adopt a resolution authorizing an agreement with Weston Solutions, Inc. to provide professional services to conduct a bacteria special study in the Agua Hedionda Lagoon for an amount not to exceed $148,907 {city of Carlsbad