23-0801_WSP USA_Professional Services Agreement1
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CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 2, 2023, by and between the City
of San Juan Capistrano, a public agency organized and operating under the laws of the State
of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano,
CA 92675 (“City”), and WSP USA Environment & Infrastructure, Inc., a Nevada Corporation with
its principal place of business at 1075 Big Shanty Rd, Suite 100, Kennesaw, Georgia
30144 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually
referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
“NPDES PROGRAM COMPLIANCE SERVICES” (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.”
2.Compensation.
a.Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B
b.In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $251,940.00 for the three-year period. The total annual
fee shall remain fixed and unchanged for the first three years of the term of the Agreement as set
forth in Exhibit B. Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit
prices once per year for term extensions of the agreement. However, approval of any request to
adjust Consultant's fees, rates, and/or unit prices shall be made at the sole discretion of the City
Manager, in writing, and is subject to the City’s approved budget. In no event shall any adjustment
of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per
year regardless of CPI or any other cost factors. This amount is to cover all printing and related
costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall
be made within 30 days of receipt of an invoice which includes a detailed description of the work
performed. Payments to Consultant for work performed will be made on a monthly billing basis.
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3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term
The term of this Agreement shall be from August 2, 2023, to June 30, 2026, unless
earlier terminated as provided herein. Consultant shall perform its services in a prompt
and timely manner within the term of this Agreement and shall commence performance
upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to
Proceed shall set forth the date of commencement of work. The Parties may, by mutual, written
consent, and based upon Consultant performance, further extend the term of this Agreement for
two (2) additional one-year periods.
6.Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7.Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
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c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8.Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9.Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a.Commercial General Liability
(i)The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii)Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
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(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv)The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v)The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi)The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b.Automobile Liability
(i)At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii)Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c.Workers’ Compensation/Employer’s Liability
(i)Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
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“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d.Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e.Minimum Policy Limits Required
(i)The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii)Defense costs shall be payable in addition to the limits.
(iii)Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f.Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
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insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g.Policy Provisions Required
(i)Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant
or others providing insurance evidence in compliance with these specifications to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City,
and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h.Qualifying Insurers
(i)All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1)Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
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i.Additional Insurance Provisions
(i)The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j.Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a.To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
b.If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance of “design professional” services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
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jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a.Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b.If the services are being performed as part of an applicable “public works”
or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c.This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
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15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a.City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b.Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Ted Von Bitner as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
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CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Joe Parco, City Engineer
CONSULTANT:
WSP USA Environment & Infrastructure Inc.
9177 Sky Park Court
San Diego, CA 92123
Attn: Theodore W. Von Bitner, Assistant Vice
President
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each Party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each Party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
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27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND WSP USA ENVIRONMENT & INFRASTRUCTURE INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO WSP USA ENVIRONMENT & INFRASTRUCTURE INC.
By:By:
Benjamin Siegel
City Manager Its: Vice President
Printed Name: Theodore Von Bitner
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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EXHIBIT A
Scope of Services
Consultant shall assist the City with providing as-needed National Pollutant Discharge Elimination
System (NPDES) Program Compliance Services as outlined in the May 2, 2023, distributed
Request for Proposals (RFP) items:
I. Program Management
II. WQMP Plan Verifications & Technical Guidance (Excluding Plan Check)
III. WQMP Existing Properties Self-Verification Assistance
VI. Annual Report Preparation & Program Effectiveness Assessment
VII. Orange County Stormwater Tools & Program Plan/Manual Updates
VIII. Public Education and Outreach
X. Miscellaneous Support
These tasks exclude the RFP items #4 (Commercial & Industrial Inspections), #5 (Construction
Inspections & Management, and #9 (illegal Discharge and Illicit Connection Prevention). The
following describes a combination of minimum tasks to be implemented, on an as-needed basis.
The scope of work may be modified and refined during the contract period.
Services will ensure the City’s NPDES Municipal Separate Storm Water System (MS4) permit
requirements are complied with, including total maximum daily load (TMDL) implementation,
water pollution prevention programs, and the City’s stormwater pollution prevention ordinance.
Responsibilities include coordinating the City’s NPDES MS4 program, serving as a liaison with
the Regional Board and the County of Orange, overseeing the City’s NPDES MS4 program and
attending various countywide meetings.
i. Program Management
As directed, the Consultant will assist the City with implementation of the NPDES and
TMDL compliance programs and reporting. The Consultant will also assist the City with
the technical evaluation of Watershed Plans and identification of TMDL compliance
strategies. This task will include reviewing materials prepared by other stakeholders and
their consultants and providing a briefing on the materials to the City Engineer for
consideration as part of the City’s program. Additional support on this may include
attendance at stakeholder and regional workgroup meetings when requested by the City.
Consultant will be expected to provide program status updates and hold update meetings
routinely. Consultant will provide technical assistance, training, and update City staff
regarding new technologies, changing mandates, regulations, and NPDES legislation
items as well as recommendations for implementation of program elements as necessary
to comply with NPDES regulations.
This also includes supplemental staff training and assisting the City with review of current
practices and procedures, and recommending updates to reflect the latest MS4 Permit
requirements.
ii. WQMP Plan Check Support
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If requested, the Consultant will provide Water Quality Management Plan (WQMP)
document reviews to verify water quality compliance requirements on New Development
and Significant Re-Development projects. This includes both private and public agency
project WQMPs. Final approval of all WQMPs will be performed by City Staff. This task
may include plan checking and approval of water quality calculations, BMP selection, BMP
sizing and appropriate water quality documentation including conformance with WQMP
Checklist and consistency with the precise grading plans. It is estimated there may be up
to three reviews for each plan check project and a total of fifteen WQMP’s per year. These
may be a combination of preliminary small projects, preliminary large projects, final WQMP
small projects, and final WQMP for large projects.
As specified by the MS4 permit, the structural BMP inventory database will be updated
annually for private and public sites that maintain treatment control devices as part of their
approved WQMP. Field WQMP site inspections may be required to identify corrective
actions to be addressed by City inspectors or Code Enforcement Officers. Outreach,
education, and post inspections may be required for verification of corrective actions.
iii. Self-Verification Documents (SVD) Existing WQMP Properties
Per the MS4 permit and the JRMP, annually, Self-Verification Document forms are
distributed for the structural treatment control device operation and maintenance self-
certification program. Consultant will assist the City in assuring that structural treatment
control BMP’s associated with land development sites holding an approved WQMP, have
been inspected, and if needed, receive the appropriate type of cleaning and maintenance.
This task is managed through SVD form mailings to individual property owners, tracking
responses, along with documentation and updates for current and new WQMP sites.
Follow up correspondence or contacts may be required. There are approximately 40 sites
for this task.
vi. Annual Report Preparation and Program Effectiveness Assessment
The MS4 permit requires submittal of an annual report to the Regional Water Quality
Control Board summarizing the City’s stormwater program implementation efforts and
compliance information collected during the reporting year. The City implements the
requirements of the NPDES Fifth Term Permit through a locally specific runoff
management plan previously referred to as the Local Implementation Plan, and currently
referred to as the JRMP. The JRMP serves as the implementation document to define
specific programs and activities that the City conducts to comply with Fifth Term Permit
requirements. Elements of the JRMP include, but are not limited to facility inspection
results, outreach and public education, illicit connection/illegal discharge enforcement,
and drainage facility maintenance. The Consultant will prepare the required Annual
Reports for submittal to the Regional Board and the County of Orange as directed by the
City.
vii. Orange County Stormwater Tools and Program Plan/Manual Updates
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Use and populate the Orange County Stormwater Tools (“OC Stormwater Tools”)
compliance reporting program designed by Orange County Public Works. All data should
be brought up to current date.
Consultant will assist the City with updates to the Water Quality Improvement Plan, the
Local Implementation Plan, Comprehensive Human Waste Source Reduction Strategy
Work Plan, and/or assist the City through coordination with the County of Orange to review
the BMP Design Manual for local implementation as necessary.
viii. Public Education and Outreach
Consultant will assist with the implementation of the Public Education program. Services
may include participation at annual events including but not limited to e-waste recycling,
annual creek clean up, or other public education events on behalf of the City. Consultant
will assist the City in preparing, coordinating with stakeholders, and participating in the
events. Estimate 3 to 4 events annually.
Public education and outreach includes working with staff on updating and providing
educational materials for distribution and internet-based platforms.
x. Miscellaneous Support (Optional)
This task will include unforeseen work not covered under the tasks described above. The
hourly rates submitted in Exhibit A will be used for this task, that shall not exceed $10,000.
Please add this amount to the total tasks (i-x) for the total not to exceed amount.
Miscellaneous Support may involve research and staff assistance with applying for
applicable grant funding opportunities. Assist in developing and administering program
fees, budgets, and cost share agreements, etc.
Additional tasks may relate to assistance with Onsite Wastewater Treatment Systems
(OWTS) policy implementation, review, inspection, documentation, etc.
The selected consultant shall be responsible for the Scope of Services listed above and the
following:
Ensure an efficient and coordinated project development process, the delivery of a
high-quality product, and development of the project components within budget and
on schedule.
Available to be called to the city offices in response to questions arising from the
progress of the work. Be available to meet with City staff or to participate in conference
calls with a minimum of 3 hours advanced notice.
Be available on evenings to attend City Council and Committee meetings on behalf of
the City Engineer.
Have adequate staffing available who may be requested to attend in meetings,
participate in regional workgroups, or assist with the completion of project
components.
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Coordinate with the City’s Public Works and Community Development Department for
any future planned work within the project area.
Research and coordinate with other agencies and utility companies as necessary to
obtain necessary documents, drawings, or as-built plans.
Assisting the City in preparation of contract change orders, if needed.
Provide the City with progress reports on the status of work and provide schedules in
advance of the commencement of actual work.
Timely submittal of invoices by the 10th of the following month for services provided.
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle by the 10th of the following month for services
provided. Consultant will include with each invoice a detailed progress report that indicates the
amount of budget spent on each task. Consultant will inform City regarding any out-of-scope
work being performed by Consultant.
This is a time-and-materials contract with a maximum not-to-exceed amount per project task item.
Hourly rates and other fees shall include direct costs and overhead such as, but not limited to,
accounting fees, office supplies, transportation, communications, subsistence and materials, and
any subcontracted items of work. Progress payments will be based on actual hours, hourly costs
and support service costs charged to the project on a monthly basis. The City will not pay
additional fees for printing expenses and related costs.
Written consent from the City is required before considering any subconsultant work and
Consultant must provide evidence satisfactory to the City that the subconsultants have secured
all insurance required.
SERVICES BY TASK ANNUAL COST
i Program Management $ 22,960.00
ii WQMP Plan Check Support $ 700.00
iii Self-Verification Documents (SVD) Existing WQMP Properties $ 17,920.00
vi Annual Report Prep & Program Effectiveness Assessment $ 12,740.00
vii OC Stormwater Tools & Program Plan/Updates $ 7,900.00
viii Public Education & Outreach $ 11,760.00
x Miscellaneous Support $ 10,000.00
ANNUAL TOTAL $ 83,980.00