15-0616_AMEC ENVIRONMENTAL & INFRASTRUCTURE, INC_F12_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
6/16/2015
F12
FROM: Keith Van Der Maaten, P.E., Public Works and Utilities Directo rC/>)Jk/t-
Prepared By: Hossein Ajideh , P.E ., Senior Civil Engineer
DATE: June16,2015
SUBJECT: Consideration of the First Amendment to the Personal Services
Agreement for the Storm Water Quality Program As-Needed Support
Services (AMEC Environment & Infrastructure, Inc.)
RECOMMENDATION:
By motion, approve the First Amendment to the Personal Services Agreement for the
Storm Water Quality Program As-Needed Support Services, extending the Personal
Services Agreement with AMEC Environment & Infrastructure, Inc . for an additional
ninety (90) days.
EXECUTIVE SUMMARY:
The City of San Juan Capistrano manages a regulatory compliance program in
response to National Pollutant Discharge Elimination System (NPDES) permit
requirements issued by the San Diego Regional Water Quality Control Board (Regional
Board). The City's regulatory permit based program is referred to hereafter as the
Storm Water Program. A new NPDES program permit was recently approved by the
Regional Board in February 2015, which requires continued implementation of the City's
Storm Water Program. On March 3 , 2015, the City Council approved a limited term
contract with AMEC Environment & Infrastructure, Inc. (AMEC) to provide As-Needed
Storm Water Program Support Services (Attachment 1 ). The existing Personal
Services Agreement is set to expire on June 30, 2015. The consultant has requested
additional time to complete the agreed-upon scope of work and assist City staff with the
preparation of the annual report that is required to be submitted to the Regional Board
by October 30, 2015. Therefore, staff recommends approval of a ninety day (90) time
extension to September 30, 2015 at no additional cost (Attachment 2) for AMEC's
existing contract.
DISCUSSION/ANALYSIS:
The Regional Board 's National Pollution Discharge Elimination System Permit requires
the City to perform and oversee storm water best management practices. These best
management practices are described within the City's Local Implementation Plan, also
City Council Agenda Report
June 16, 2015
Page 2 of 2
known as the Jurisdictional Urban Runoff Management Plan. The Local Implementation
Plan includes programs conducted by the City to address water quality issues related to
municipal fixed facilities, field programs and drainage facilities; educational programs
conducted by the City in order to educate various public and business audiences; best
management practices for construction and development projects including Water
Quality Management Plans and Storm Water Pollution Prevention Plans; elements for
controlling storm water pollution from residents; and, businesses and water quality
monitoring programs.
Recent changes to the regional NPDES program permit, approved by the Regional
Board, require continued implementation of the City's Storm Water Program. AMEC
has been involved in the review and approval of the permit revisions and has helped the
City to prepare for new regulations that were adopted by the Regional Board. The
parties would like to extend the term of the Agreement (with no-cost-increase) for
another ninety (90) days during which time the parties intend to complete the annual
inspections and the annual report that is required to be submitted to the Regional
Board.
ENVIRONMENTAL IMPACT:
Not applicable.
FISCAL IMPACT:
The contract extension is proposed with no increase in compensation. No additional
funding is needed at this time.
PRIOR CITY COUNCIL REVIEW:
• January 4, 2011, the City Council adopted Ordinance No. 979, amending Chapter 14
of Title 8 of the San Juan Capistrano Municipal Code regarding water quality control.
• March 3, 2015, the City Council approved a Personal Services Agreement with
AMEC Environment and Infrastructure, Inc. (AMEC) for the Storm Water Program
As-Needed Support Services until the end of Fiscal Year 2014/2015, for a not to
exceed $25,000 and subject to available funding in the operational budget.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
AMEC Environment and Infrastructure, Inc.
ATTACHMENT(S):
Attachment 1-Personal Services Agreement (AMEC)
Attachment 2-Amendment #1 to Personal Services Agreement (AMEC)
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 3rd day of
March, 2015, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and AMEC Environment & Infrastructure, Inc. (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide Storm Water Program As-Needed Support Services; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of those tasks as
set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shaH terminate, and all
services required hereunder shall be completed, no later than June 30, 2015.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $25,000,
including all expenses, as set forth in Exhibit "8," attached and incorporated herein by
reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
1 ATTACHMENT 1
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed th~t Consu!tar.~ ::;,~,3!! act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to the City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Noth.ing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficult' .3S and restrictions of the
work to be performed under this Agreement. Should Consul~ Jnt discover any latent or
unknown conditions materially differing from those inherent ir the work or as represented
by City, it shall immediately inform the City of this and shall .mt proceed with further work
under this Agreement until written instructions are receiv,..:;d from the City.
Section 8. Time of Essence.
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Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct cr !ndirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boar'Js, officers, agents, and
employees from any and all claims, liabilities, expenses, r. 1 damages of any nature,
including attorneys' fees, for injury or death of any persor. or damages of any nature,
including interference with use of property, arising out of, c in any way connected with the
negligence, recklessness and/or intentional wrongful cor Juct of Consultant, Consultant's
agents, officers, employees, subcontractors, or inr.ependent contractors hired by
Consultant in the performance of the Agreement. 'ne only exception to Consultant's
responsibility to protect, defend, and hold harmles(, the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
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This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A-Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in an amount not less than one million dollars per occurrence
($1 ,000,000.00).
14.3 Workers' Compensation.
If Consultant intends to employ employees tc ~erform services under this
Agreement, Consultant shall obtain and maintai'l, durinr the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in .he statutory amount as required
by state law.
14.4 Proof of Insurance Requiremr nts/Endorsement.
Prior to beginning any work under tr.is Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
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volunteers as additional insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 Not applicable.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (1 0) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (1 0) day cure period.
Section 16. Prevailing Wages.
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Contractor hereby expressly acknowledges and agrees that the City has not
previously affirmatively represented to the Contractor in writing or otherwise, in a call for
bids or otherwise, that the work to be covered by this Agreement is not a "public work," as
defined in Section 1720 of the Labor Code. Contractor shall indemnify, protect, defend
and hold harmless the City and its officers, employees, contractors and agents, with
counsel reasonably acceptable to City, from and against any and all loss, liability, damage,
claim, cost, expense and/or "increased costs" (including reasonable attorneys' fees, court
and litigation costs, and fees of expert witnesses) which, in connection with the work
contemplated by this Agreement, including, without limitation, any and all public works (as
defined by applicable law), results or arises in any way from any of the following: (1) the
noncompliance by Contractor of any applicable local, state and/or federal law, including,
without limitation, any applicable federal and/or state labor laws (including, without
limitation, if applicable, the requirement to pay state prevailing wages and hire
apprentices); (2) the implementation of Section 1781 of the Labor Code, as the same may
be amended from time to time, or any other similar law; and/or (3) failure by Contractor to
provide any required disclosure or identification as required by Labor Code Section 1781,
as the same may be amended from time to time, or any other similar law. It is agreed by
the parties that, in connection with the work contemplated by this Agreement, including,
without limitation, any and all public works (as defined by applicable law), Contractor shall
bear all risks of payment or non-payment of prevailing wages under California law and/or
the implementation of Labor Code Section 1781, as the same may be amended from time
to time, and/or any other similar law. "Increased costs," as used in this paragraph, shall
have the meaning ascribed to it in Labor Code Section 1781 , as the same may be
amended from time to time. The foregoing indemnity shall survive termination of this
Agreement and shall continue after completion of the work by Contractor.
Section 17. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Keith Van Der Maaten, Director of Public Works and Utilities
AMEC, Environmental & Infrastructure, Inc.
9177 Sky Park Court, Suite A
San Diego, CA 92123
Attn: Theodore Von Bitner
Section 18. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
6
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 19. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 20. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
Section 21. Counterparts and Facsimile signatures.
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Maria Morris, ·. it
\ '{
APPROVED AS TO FORM:
CITY OF SAN JUAN CAPISTRANO BY:
Derek Reeve, Mayor
AMEC ENVIRONMENTAL &
INFRASTRUCTURE, INC.
By: ________________________ _
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: ________________________ __
Derek Reeve, Mayor
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney
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EXHIBIT A-SCOPE OF WORK
EXHIBIT B-PRICING PROPOSAL
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February 4, 2015
Keith VanDer Maaten, P.E. Public Works and Utilities Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Scope of Work for Stormwater Program As-Needed Support Services
Dear Mr. VanDer Maaten;
AMEC Environment & Infrastructure, Inc. (AMEC) is pleased to submit for your consideration
the following Stormwater Program As-Needed Support Services scope of work. Tills proposal
requested by the City of San Juan Capistrano describes AMEC's project scope and associated
costs to assist the City with the regulatory compliance requirements mandated by the municipal
separate storm sewer system (MS4) permit issued by the San Diego Regional Water Quality
Control Board (Regional Board). AMEC is uniquely qualified to assist with the C'Jty with the
effort given both 1\.\IIEC's staff knowledge of the San Juan Creek Watershed as well as a strong
working knowledge of the City's ongoing MS4 Permit and City-based monitoring programs.
The scope of services developed by AMEC provide for assistance with multiple elements of the
City's stormwater program including:
• Reviews of Water Quality Management Plans
o Priority development projects
o Erosion control plans
o Tenants improvement projects
• Assistance with programmatic elements
o Preparation of the annual report
o Commercial and industrial facility inspections
o General Permittee meetings
• Assistance with technical elements of the MS4 monitoring program
o MS4 Action Level Programs
o L01S02 source investigation:
The proposed scope of services for assistance with various elements of the City's stormwater
program are intended to provide as-needed regulatory compliance support and programmatic
coverage during the transitional time while the City manages recent staffing changes.
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Environment & Infrastructure
. 9177 Sky Park Court.. Suite A· San Diego, CA 92123 USA EXHIBIT A
amec!J
For your convenience please find included AMEC's scope of services and rate schedules in
Exhibit A and Exhibit B, respectively.
We appreciate the opportunity to begin providing services to the City of San Juan Capistrano
and look forward to supporting the City and your staft on these important programs. If you
have any questions, please contact us at (858) 514-7741 at your earliest convenience.
Sincerely,
AMEC Environment & Infrastructure, Inc.
Theodore Von Bitner, PhD
Project Manager
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Environment & Infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92123 USA
H~
Nathan Schaedler, P.E.
Senior Principal Manager
Page 2 of 10
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Stonnwater Program As-Needed Technical Support
Scope of Services
Environment & lnfrastructu re
9177 Sky Park Court, Suite A · San Diego, CA 92123 USA
Page 3 of 10
Summary of Scope of Services
The tasks presented in the scope of services represent elements of the current stormwater
program that were described by the City to be critical to the continued implementation of the
program that a) needs to be actively managed during the staffing transition period, and b)
requires technical support from a consulting firm uniquely familiar with the City's stormwater
runoff water quality issues.
It is anticipated that services to the City may involve one or more of the tasks at a time or may
be individually implemented in a phased approach over the period of performance. The
services that may be provided are intended to provide coverage for the critical elements of the
stormwater program on an as-needed basis and work may be issued to AMEC at the task level
or on a project-by-project basis within each task.
The following sections describe the individual tasks and associated services that will be
provided to the City of San Juan Capistrano Public Works Department.
Task 1: Water Quality Management Plan Review
The approval of Water Quality Management Plans (WQMP) represents an important first step
in the regulatory compliance process and reviews of the WQMPs submitted to the City
represented a substantial time commitment for staff. AMEC' s services to the City under this
task will follow in parallel to WQMP review services provided to the City of Anaheim and
Orange County's John Wayne Airport. AMEC's staff has hands-on experience managing the
water quality compliance evaluation portion of the WQMP reviews for priority and non-
priority development projects and a strong understanding of the Model WQMP developed by
the Orange County Stormwater Program. AMEC's service under the WQMP review task may
also involve reconciling erosion control grading plans with the water quality requirements.
AMEC has assisted the City of Anaheim and John Wayne Airport with the verification of
structural treatment controls and the process to amend WQMPs based on corrections to the
grading plan. AMEC will provide these services as required by the individual WQMP
submitted to the City for approval by property developers or for tenant improvement projects.
AMEC's will provided services for each WQMP requested for review by City staff and provide
an electronic summary of recommendations for further consideration by City staff.
Deliverable:
Draft and Final version of comments in a MS Excel format.
Completed inspection forms for verification and O&M inspections
Task 2. Stormwater Compliance Program Support
Elements of the MS4 permit require completion of specific activities or preparation of
deliverables to the Regional Board on an on-going basis. The tasks described in this section are
intended to provide program level services needed to cover the activities that need to be
actively managed.
Task 2a: Prepare Program Effectiveness Assessment annual report for submittal to the
Regional Water Quality Control Board. 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 infonr.ation collected during the reporting
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Environment & Infrastructure
9177 Sky Pari< Court, Suite A· San Diego, CA 92123 USA
year. Elements of the annual report include, but are not limited to facility inspection results,
outreach and public education, illicit connection/illegal discharge enforcement, and drainage
facility maintenance. AMEC has extensive experience with preparing Program Effectiveness
Assessment (PEA) annual reports for several Cities and assists the County of Orange with
annual reporting for John Wayne Airport. AMEC has provided assistance to the City of
Anaheim with all PEA chapters for over 10 years. AMEC has also assisted the Cities of Santa
Ana and Costa Mesa with reporting requirements under Chapters 9 and 10, and John Wayne
Airport with reporting requirements under Chapter 5.
AMEC services under Task 2a will provide support to the City on any necessary sections of the
annual report for submittal to the County of Orange for completion of the 2014-2015 annual
report. Upon request, AMEC may also support the City by helping to compile programmatic
data including facility inspection results, outreach and public education, illicit
connection/illegal discharge enforcement, and drainage facility maintenance for inclusion in
the 2014-2015 annual report for submittal to the Regional Water Quality Control Board.
Deliverable:
Preparation of annual report programmatic data.
Completion of a draft and final 2014-2015 annual report
Task 2b: Attend Orange County Stormwater Program related meetings
Continued participation in the monthly General Permittee meeting is required under the MS4
permit provisions issued by the Regional Board. To continue active attendance at the monthly
meetings, AMEC may attend on behalf of the City and will provide written summaries of the
meeting including identifying any action items requiring follow up by City staff. Written
summaries will be provided to the City in electronic format within 5 business days following
attendance at a monthly meeting.
Deliverable:
Draft and Final version of General Permittee meeting summaries in MS Word format.
Task 2c: Perform commercial and industrial facility inspections
Commercial and industrial facility inspections are required under the MS4 permit provisions
issued by the Regional Board. AMEC' s services to the City under this task will follow in
parallel to facility inspection services provided to other Orange County cities including Costa
Mesa, Anaheim, and Santa Ana but will take into account any specific requirements mandated
for the San Diego Regional Board. AL\1EC staff has hands-on experience performing the
inspections and managing the water quality compliance require:11ents mandated by the MS4
permit and a strong understanding of the programmatic reportir.g requirements needed by the
Orange County Stormwater Program. Services provided to tlv-City may include performing a
portion of the inspections or completing the entirety ,Jf the annual facility inspection
requirements. AMEC s services may also include uploadi-.g results from inspections performed
by AMEC and/or City staff into the City's management .<atabase.
Deliverable:
Completed commercial or industrial facility inspectons forms.
Completion of the data entry requirements for inspections.
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Environment & infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92123 USA
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Task 2d: Provide programmatic training for City staff
City staff may need assistance to become familiar with the facility inspection requirements
mandated by the municipal NPDES stormwater permit. AMEC's experience training City staff
includes on MS4 permit requirements includes Operation and Maintenance (O&M) WQMP
inspection training, core competency trainings for the Industrial/Commercial inspection
programs, general water quality training, and construction trainings for building and public
works construction inspectors. AMEC also has extensive experience providing the appropriate
training and assisting Cities with the development of their programs or transitioning programs
to different departments within the City.
Deliverable:
Completion of programmatic training events
Task 3: Stormwater Monitoring Program Technical Support
Task 3a: MS4 Non-stormwater and Stormwater Action Levels Program
The current 4th term and subsequent 5th term MS4 permit mandate the inclusion of water quality
objective based screening criteria to evaluate whether urban runoff exceeds regulatory
objectives. The action level based screening criteria approach of the MS4 permit requires permit
holders to identify and, if necessary, mitigate the source contributing to the exceedances. The
City has MS4 monitoring locations within both the Non-stormwater and Stormwater Action
Levels Program that generates monitoring data which must be actively managed if the results
indicate an exceedance of the regulatory water quality objectives.
Identifying plausible explanations for sites experiencing an exceedance sometimes requires
integrating multiple lines of information combined with observations in order to make an
informed decision about the potential sources contributing to the exceedances. To assist the
City formulate a response to an action level exceedance, AMEC will review the monitoring data,
identify supporting lines of evidence, and develop recommendations for any potential follow
up investigations or whether the monitoring data indicates potential natural sources.
AMEC will provide the City with written summaries of the monitoring data review and any
recommendations for next steps in electronic format within 7 calendar days after receiving a
request for support.
Deliverables:
Written summary of recommendations for next steps including any follow up investigation
priorities.
Task 3b: L01S02 Storm Drain Source Investigation:
As the City begins to address its requirements for the Indicator Bacteria Total Maximum Daily
Load (TMDL) directive issued by the San Diego Regional Water Quality Control Board, the
mitigation of human sources provides an important first step for ultimately developing an
alternative site-specific water quality objective that can lessen the financial and technical
challenges associated with TMDL implementation.
The L01S02 source investigation represented an important pilot project for identifying human
fecal sources within the San Juan Creek watershed. While the source investigation has made
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Environment & Infrastructure
9177 Sky Par'~ Court, Suite A· San Diego, CA 92123 USA
notable progress to date, the project has recently encountered technical barriers that may be
stalling progress. AMEC's technical assistance with this investigation are intended to help the
City, and ultimately its project partners, continue making progress at identifying human
sources and bringing the source investigation to a reasonable closure. To assist the City with
this investigation, A.\1EC will prepare an information synthesis technical memorandum
summarizing the source investigation monitoring results.
The goal of the information synthesis is to provide an integrated perspective of the progress to
date and help the City and its project partners determine if any hot spots remain in the L01S02
drainage area. The approach to completing the synthesis will includes an analysis of
monitoring data collected by Orange County Public Works using statistical analyses to evaluate
patterns and relationships in the HF183 marker results to determine if human marker detections
at the outfall can be related to upstream sources. Secondarily, the information synthesis memo
may include compiling the sanitary sewer infrastructure inspection and repair data into an
aggregated GIS layer to support whether any potential hot spots remain that may need
inspection.
AMEC will prepare a summary source investigation report that will document the overall
content of the source investigation including infrastructure repairs completed, summary of
monitoring results, and any costs incurred by the City and its project partners during the time
period of the source investigation.
The source investigation summary report may also serve as both a section of the City's TMDL
implementation plan as well as document positive efforts to the San Diego Regional Water
Quality Control Board the City's responsiveness to the initial monitoring results and corrective
actions that were developed in response to findings from the Doheny Beach Source
Identification Pilot Project.
Deliverables:
Draft and Final source investigation information synthesis technical memorandum
Task 4: Project Management and Meetings
The AMEC Project Team will be responsible for the general project-level administration and
management throughout the duration of this project. Project management includes
coordinating with the City to meet project goals and budgets, and maintain the schedule. The
following tasks will be performed as part of this task:
• Coordination and communication with the City
• Preparation for and attendance at a kickoff meeting and monthly progress meetings, as
necessary
• Participation in bimonthly conference calls to provide proc ress updates, as necessary
• Administration of the contract for this project
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Environment & Infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92123 USA
Staffing
All services provided to the City will be coordinated through the Director of Public Works and
Utilities, Keith VanDer Maaten.
The AMEC primary point of contact and Project Manager will be Ted Von Bitner. The
completion of assignments for the City will be performed by AMEC' s Associate level or lower
labor category senior and junior level staff from the Irvine and San Diego offices. Any
specialized services that may require support from other A.J.VfEC offices will be evaluated
through consultation with the City.
Schedule
The period of performance for the scope of services shall be December 1, 2014 to November 30,
2015. AMEC's services shall begin upon on the notice to proceed issued by the City following
approval of the service agreement. The period of performance for the scope of service may also
be extended beyond the proposed deadline upon concurrence of both AMEC and the City of
San Juan Capistrano. Any changes in the schedule will be adjusted appropriately through
consultation with the City.
Deadlines for submittal of deliverables will be determined on an assignment-by-assignment
basis depending on the complexity and. scope of the assignment requested. by the City. AMEC
will provide an estimated time for completion for each assignment upon receiving a written
request for services from the City.
The cost for services provided to the City will based on work issued at the task level or on a
project-by-project basis as assigned to AMEC by the City according to Exhibit A Fees will be
billed on a time and materials basis for each task or project level assigrunent up to an amount
not to exceed an overall budget of $25,000 according to the rate schedule provided in Exhibit B.
Invoices for services provided shall summarize activities performed, dates on which activities
were performed, identify the AMEC staff that performed the service..-the actual costs incurred,
and the remaining budget.
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Environment & Infrastructure
9177 Sky Park Court, Suite A · San Diego, CA 92123 USA
Exhibit A.
Scope of Services Budget during Period of Performance
TA$K :,•
1 WQMP Reviews2
2 Compliance Program Support
2a Annual Report Preparation
2b Facility Inspections4
2c General Permittee Meetings, (12) Monthly
2d Programma tic Training
3 Monitoring Program Technical Support
3a Action Levels Programs
3b L01S02 Technical Memo
4 Project Administration
Notes:
$650 per WQMP
TBD3
$110 per inspection
$8,900
TBD3
$175 per review
$8,000
$5,000
1) AMEC scope of services does not include the utilization of subcontractors to perform services.
2) Estimated time for completion of WQMP review is 4 hours but costs will only be billed an actual time
accrued.
3) TBD =To Be Determined. Services to b-e provided are depend on agreement start date, reporting
deadlines, and City staffing availability for preparation of the 2013-2014 or 2014-2015 annual reports.
4) Estimated time for completion of facility inspection is 1 hour but costs will only be billed on actual
time accrued.
5) Estimated time for completion of Action Leve[s program monitoring data review, including email
summary of recommendations is 1 hour per event but costs will only be billed on actual time accrued.
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Environment & Infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92123 USA EXHIBIT B
Exhibit B. AMEC Rate Schedule
LABOR CATEGORY RATEIHR
Principal $250
Senior Associate $180
Associate $175
Senior II $160
Senior I $150
Technical Professional3 $120
Technical Professional2 $110
Technical Professionall $100
Senior Technician $85
Field Technician $80
Project Assistant $65
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Environment & Infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92123 U.SA
TO:
City of San Juan Capistrano
Agenda.\~port
Karen P. Brust, City Manage~~~
3/3/2015
011
FROM: Keith VanDer Maaten, P.E., Public Works and Utilities Director~
Prepared By: Joe Mankawich, Associate Engineert.i~k..
DATE: March 3, 2015
SUBJECT: Consideration of a Personal Services Agreement for the Storm Water
Quality Program As-Needed Support Services (AMEC Environment &
Infrastructure Inc.)
RECOMMENDATION:
By motion:
1. Waive the formal bidding requirements pursuant to Section 3.4.306(e)(iii) of the
City of San Juan Capistrano's Municipal Code, and;
2. Approve a Personal Services Agreement with AMEC Environment and
Infrastructure, Inc. (AMEC) for the Storm Water Program As-Needed Support
Services until the end of Fiscal Year 2014/2015, for a not to exceed $25,000 and
subject to available funding in the operational budget.
EXECUTIVE SUMMARY:
The departure of the City's Senior Civil Environmental Engineer has created a
temporary need for outside contracted services to help in managing the City's storm
water quality programs. The consultant will help to ensure that the City continues to
meet the requirements of the National Pollution Discharge Elimination System (NPDES)
regulations and will help the City to prepare for new regulations that were adopted by
the San Diego Regional Water Quality Control Board in February 2015.
Staff recommends approval of a Personal Services Agreement with AMEC in an amount
not to exceed $25,000, to assist staff until the end of this fiscal year while the City is in
the process of hiring a replacement and transitioning in a new engineer.
DISCUSSION/ANALYSIS:
The State Water Resources Control Board District 9 National Pollution Discharge
Elimination System Permit requires the City to perform and oversee storm water best
management practices. These best management practices are described within the
City's Local Implementation Plan, also known as the Jurisdictional Urban Runoff
Management Plan. The Local Implementation Plan includes programs conducted by the
City Council Agenda Report
March 3, 2015
Page 2 of 2
City to address water quality issues related to municipal fixed facilities, field programs
and drainage facilities; educational programs conducted by the City in order to educate
various public and business audiences; best management practices for construction
and development projects including Water Quality Management Plans and Storm Water
Pollution Prevention Plans; elements for controlling storm water pollution from residents
and businesses and water quality monitoring programs.
Pursuant to Section 3.4.306(e)(iii) of the City of San Juan Capistrano's Municipal Code,
the Request for Proposal (RFP) process may be waived "when extenuating
circumstances would make the formal request for proposal/request for quotes not the
most cost effective approach." The departure of the Senior Civil Environmental
Engineer and the requirement to still perform the regulatory duties of this position has
presented the City with "extenuating circumstances." Recent changes to the regional
NPDES permit, as well as the transition period of bringing in a new engineer, require
that the City engage assistance from a consultant familiar with the permit changes as
well as the City's unique water quality challenges. AMEC has been involved in the
review and approval of the permit revisions and the City has previously worked with
AMEC and found them to be an effective and responsible consulting firm.
ENVIRONMENTAL IMPACT:
Not applicable.
FISCAL IMPACT:
Funding, in an amount not to exceed amount of $25,000 for this agreement, is currently
available in the 2014/2015 City Budget under the General Fund Operations -Utility
Management Services Account (01-93828-62409-00000-000). Some of these costs will
be recovered through inspection and plan check fees required during grading, and
water quality permit processing.
PRIOR CITY COUNCIL REVIEW:
• January 4, 2011 -The City Council adopted Ordinance No. 979, amending Chapter
14 of Title 8 of the San Juan Capistrano Municipal Code regarding water quality
control.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
AMEC Environment and Infrastructure, Inc.
A TT ACHMENT(S ):
Attachment 1-Personal Services Agreement AMEC
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 3rd day of
March, 2015, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and AMEC Environment & Infrastructure, Inc. (hereinafter referred to as the
"Consultant").
RECITALS:
VVHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide Storm Water Program As-Needed Support Services; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of those tasks as
set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than June 30, 2015.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $25,000,
including all expenses, as set forth in Exhibit "B," attached and incorporated herein by
reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
1 ATTACHMENT 1
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement These records will be made
available at reasonable times to the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the City to enter into this Agreement
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to the City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: ( 1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
2
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government
Section 10. Conflicts of Interest
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement No person having such
interest shall be employed by or associated with Consultant
Section 11. Copies of Work Product
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
3
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A-Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1 ,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in an amount not less than one million dollars per occurrence
($1 ,000,000.00).
14.3 Workers' Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
4
volunteers as additional insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 Not applicable.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (1 0) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant
In addition, this Agreement may be terminated by any party for cause by providing
ten (1 0) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (1 0) day cure period.
Section 16. Prevailing Wages.
5
Contractor hereby expressly acknowledges and agrees that the City has not
previously affirmatively represented to the Contractor in writing or otherwise, in a call for
bids or otherwise, that the work to be covered by this Agreement is not a "public work," as
defined in Section 1720 of the Labor Code. Contractor shall indemnify, protect, defend
and hold harmless the City and its officers, employees, contractors and agents, with
counsel reasonably acceptable to City, from and against any and all loss, liability, damage,
claim, cost, expense and/or "increased costs" (including reasonable attorneys' fees, court
and litigation costs, and fees of expert witnesses) which, in connection with the work
contemplated by this Agreement, including, without limitation, any and all public works (as
defined by applicable law), results or arises in any way from any of the following: (1) the
noncompliance by Contractor of any applicable local, state and/or federal law, including,
without limitation, any applicable federal and/or state labor laws (including, without
limitation, if applicable, the requirement to pay state prevailing wages and hire
apprentices); (2) the implementation of Section 1781 of the Labor Code, as the sarne may
be amended from time to time, or any other similar law; and/or (3) failure by Contractor to
provide any required disclosure or identification as required by Labor Code Section 1781,
as the same may be amended from time to time, or any other similar law. It is agreed by
the parties that, in connection with the work contemplated by this Agreement, including,
without limitation, any and all public works (as defined by applicable law), Contractor shall
bear all risks of payment or non-payment of prevailing wages under California law and/or
the implementation of Labor Code Section 1781, as the same may be amended from time
to time, and/or any other similar law. "Increased costs," as used in this paragraph, shall
have the meaning ascribed to it in Labor Code Section 1781, as the same may be
amended from time to time. The foregoing indemnity shall survive termination of this
Agreement and shall continue after completion of the work by Contractor.
Section 17. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Keith Van Der Maaten, Director of Public Works and Utilities
AMEC, Environmental & Infrastructure, Inc.
9177 Sky Park Court, Suite A
San Diego, CA 92123
Attn: Theodore Von Bitner
Section 18. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
6
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 19. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 20. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
Section 21. Counterparts and Facsimile signatures.
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS]
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
CITY OF SAN JUAN CAPISTRANO BY:
Maria Morris, ' it
\
APPROVED AS TO FORM:
(./Hans Van Ligten, City Attorney
Derek Reeve, Mayor
AMEC ENVIRONMENTAL &
INFRASTRUCTURE, INC.
By:------------
8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: ______________________ __
Derek Reeve, Mayor
8
EXHIBIT A-SCOPE OF WORK
EXHIBIT B-PRICING PROPOSAL
9
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February 4, 2015
Keith VanDer Maaten, P.E. Public Works and Utilities Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Scope of Work for Stormwater Program As-Needed Support Services
Dear Mr. VanDer Maaten;
AMEC Environment & Infrastructure, Inc. (AMEC) is pleased to submit for your consideration
the following Stormwater Program As-Needed Support Services scope of work. This proposal
requested by the City of San Juan Capistrano describes AMEC's project scope and associated
costs to assist the City with the regulatory compliance requirements mandated by the municipal
separate storm sewer system (MS4) permit issued by the San Diego Regional Water Quality
Control Board (Regional Board). AMEC is uniquely qualified to assist with the City with the
effort given both A.\4EC's staff knowledge of the San Juan Creek Watershed as well as a strong
working knowledge of the City's ongoing MS4 Permit and City-based monitoring programs.
The scope of services developed by AMEC provide for assistance with multiple elements of the
City's stormwater program including:
• Reviews of Water Quality Management Plans
o Priority development projects
o Erosion control plans
o Tenants improvement projects
• Assistance with programmatic elements
o Preparation of the annual report
o Commercial and industrial facility inspections
o General Permittee meetings
• Assistance with technical elements of the MS4 monitoring program
o MS4 Action Level Programs
o L01S02 source investigation:
The proposed scope of services for assistance with various elements of the City's stormwater
program are intended to provide as-needed regulatory compliance support and programmatic
coverage during the transitional time while the City manages recent staffing changes.
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Environment & Infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92123 USA EXHIBIT A
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For your convenience please find included AMECs scope of services and rate schedules in
Exhibit A and Exhibit B, respectively.
We appreciate the opportunity to begin providing services to the Gty of San Juan Capistrano
and look forward to supporting the City and your staff on these important programs. If you
have any questions, please contact us at (858) 514-7741 at your earliest convenience.
Si:ncerely,
AMEC Environment & Infrastructure, Inc.
Theodore Von Bitner, PhD
Project Manager
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Envfronment & Infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92143 USA
N~
Nathan Schaedler, P.E.
Senior Principal Manager
Page 2 of 10
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Storm water Program As-Needed Technical Support
Scope of Services
Environment & Infrastructure
9177 Sky Park Court, Suite A · San Diego, CA 92123 USA
Page 3 of 10
Summary of Scope of Services
The tasks presented in the scope of services represent elements of the current stormwater
program that were described by the City to be critical to the continued implementation of the
program that a) needs to be actively managed during the staffing transition period, and b)
requires technical support from a consulting firm uniquely familiar with the City's stormwater
runoff water quality issues.
It is anticipated that services to the City may involve one or more of the tasks at a time or may
be individually implemented in a phased approach over the period of performance. The
services that may be prmr:ided are intended to provide coverage for the critical elements of the
stormwater program on an as-needed basis and work may be issued to AMEC at the task level
or on a project-by-project basis within each task
The following sections describe the individual tasks and associated services that will be
provided to the City of San Juan Capistrano Public Works Department.
Task 1: Water Quality Management Plan Review
The approval of Water Quality Management Plans (WQMP) represents an important first step
in the regulatory compliance process and reviews of the WQMPs submitted to fhe City
represented a substantial time commitment for staff. AMEC's services to the City under this
task will follow in parallel to WQMP review services provided to the City of Anaheim and
Orange County's John Wayne Airport. AMEC's staff has hands-on experience managing the
water quality compliance evaluation portion of the WQMP reviews for priority and non-
priority development projects and a strong understanding of the Model WQMP developed by
the Orange County Storm water Program. AMEC' s service under the WQMP review task may
also involve reconciling erosion control grading plans with the water quality requirements.
AMEC has assisted the City of Anaheim and John Wayne Airport with the verification of
structural treatment controls and the process to amend WQMPs based on corrections to the
grading plan. AMEC will provide these services as required by the individual WQMP
submitted to the City for approval by property developers or for tenant improvement projects.
AMEC's will provided services for each WQMP requested for review by City staff and provide
an electronic summary of recommendations for further consideration by City staff.
Deliverable:
Draft and Final version of comments in a MS Excel format.
Completed inspection forms for verification and O&M inspections
Task 2. Stormwater Compliance Program Support
Elements of the MS4 permit require completion of specific activities or preparation of
deliverables to the Regional Board on an on-going basis. The tasks described in this section are
intended to provide program level services needed to cover the activities that need to be
actively managed.
Task 2a: Prepare Program Effectiveness Assessment annual report for submittal to the
Regional Water Quality Control Board. 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
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Environment & Infrastructure
9:177 Sky Park Court, Suite A· San Diego, CA 92123 USA
year. Elements of the annual report include, but are not limited to facility inspection results,
outreach and public education, illicit connection/illegal discharge enforcement, and drainage
facility maintenance. AMEC has extensive experience with preparing Program Effectiveness
Assessment (PEA) annual reports for several Cities and assists the County of Orange with
annual reporting for John Wayne Airport. AMEC has provided assistance to the City of
Anaheim with all PEA chapters for over 10 years. AMEC has also assisted the Cities of Santa
Ana and Costa Mesa with reporting requirements under Chapters 9 and 10, and John Wayne
Airport with reporting requirements under Chapter 5.
AMEC services under Task 2a will provide support to the City on any necessary sections of the
annual report for submittal to the County of Orange .for completion of the 2014-2015 annual
report. Upon request, AMEC may also support the City by helping to compile programmatic
data including facility inspection results, outreach and public education, illicit
connection/illegal discharge enforcement, and drainage facility maintenance for inclusion in
the 2014-2015 annual report for submittal to the Regional Water Quality Control Board.
Deliverable:
Preparation of annual report programmatic data.
Completion of a draft and final2014-2015 annual report
Task 2b: Attend Orange County Stormwater Program related meetings
Continued participation in the monthly General Permittee meeting is required under the MS4
permit provisions issued by the Regional Board. To continue active attendance at the monthly
meetings, AMEC may attend on behalf of the City and will provide written summaries of the
meeting including identifying any action items requiring follow up by City staff. Written
summaries will be provided to the City in electronic format within 5 business days following
attendance at a monthly meeting.
Deliverable:
Draft and Final version of General Permittee meeting summaries in MS Word format.
Task 2c: Perform commercial and industrial facility inspections
Commercial and industrial facility inspections are required under the MS4 permit provisions
issued by the Regional Board. AMEC's services to the City under this task will follow in
parallel to facility inspection services provided to other Orange County cities including Costa
Mesa, Anaheim, and Santa Ana but will take into account any specific requirements mandated
for the San Diego Regional Board. AMEC staff has hands-on experience performing the
inspections and managing the water quality compliance requirements mandated by the MS4
permit and a strong understanding of the programmatic reporting requirements needed by the
Orange County Stormwater Program. Services provided to the City may include performing a
portion of the inspections or completing the entirety of the annual facility inspection
requirements. AMEC's services may also include uploading results from inspections performed
by AMEC and/ or City staff into the City's management database.
Deliverable:
Completed commercial or industrial facility inspections forros.
Completion of the data entry requirements for inspections.
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Environment & Infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92123 USA
Page 5 of 10
Task 2d: Provide programmatic training for City staff
City staff may need assistance to become familiar with the facility inspection requirements
mandated by the municipal NPDES stormwater permit. AMEC's experience training City staff
includes on MS4 permit requirements includes Operation and Maintenance (O&M) WQMP
inspection training, core competency trainings for the Industrial/Commercial inspection
programs, general water quality training, and construction trainings for building and public
works construction inspectors. A.\1EC also has extensive experience providing the appropriate
training and assisting Cities with the development of their programs or transitioning programs
to different departments within the City.
Deliverable:
Completion of programmatic training events
Task 3: Stormwater Monitoring Program Technical Support
Task 3a: MS4 Non-stonnwater and Stormwater Action Levels Program
The current 4th term and subsequent 5th term MS4 permit mandate the inclusion of water quality
objective based screening criteria to evaluate whether urban runoff exceeds regulatory
objectives. The action level based screening criteria approach of the MS4 permit requires permit
holders to identify and, if necessary, mitigate the source contributing to the exceedances. The
City has MS4 monitoring locations within both the Non-stormwater and Stormwater Action
Levels Program that generates monitoring data which must be actively managed if the results
indicate an exceedance of the regulatory water quality objectives.
Identifying plausible explanations for sites experiencing an exceedance sometimes requires
integrating multiple lines of information combined with observations in order to make an
informed decision about the potential sources contributing to the exceedances. To assist the
City formulate a response to an action level exceedance, AMEC will review the monitoring data,
identify supporting lines of evidence, and develop reconunendations for any potential follow
up investigations or whether the monitoring data indicates potential r .tural sources.
AMEC will provide the City with written summaries of the mon: Jring data review and any
recommendations for next steps in electronic format within 7 ca ndar days after receiving a
request for support.
Deliverables:
Written summary of recommendations for next steps ir.dut .. ng any follow up investigation
priorities.
Task 3b: L01S02 Storm Drain Source Investigation:
As the City begins to address its requirements for the J 1dicator Bacteria Total Maximum Daily
Load (TMDL) directive issued by the San Diego Re jOnal Water Quality Control Board, the
mitigation of human sources provides an import? ,t first step for ultimately developing an
alternative site-specific water quality objective + ,at can lessen the financial and technical
challenges associated with TMDL implementatio:"
The L01S02 source investigation represented an important pilot project for identifying human
fecal sources within the San Juan Creek watershed. While the source investigation has made
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Envfronment & Infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92123 USA
notable progress to date, the project has recently encotmtered technical barriers that may be
stalling progress. Al\1EC's technical assistance with this investigation are intended to help the
City, and ultimately its project partners, continue making progress at identifying human
sources and bringing the source investigation to a reasonable closure. To assist the City with
this investigation, AMEC will prepare an information synthesis technical memorandum
summarizing the source investigation monitoring results.
The goal of the information synthesis is to provide an integrated perspective of the progress to
date and help the City and its project partners determine if any hot spots remain in the L01S02
drainage area. The approach to completing the synthesis will includes an analysis of
monitoring data collected by Orange County Public Works using statistical analyses to evaluate
patterns and relationships in the HF183 marker results to determine if human marker detections
at the outfall can be related to upstream sources. Secondarily, the information synthesis memo
may include compiling the sanitary sewer infrastructure inspection and repair data into an
aggregated GIS layer to support whether any potential hot spots remain that may need
inspection.
AMEC will prepare a summary source investigation report that will document the overall
content of the source investigation including infrastructure repairs completed, summary of
monitoring results, and any costs incurred by the City and its project partners during the time
period of the source investigation.
The source investigation summary report may also serve as both a section of the City's TMDL
implementation plan as well as document positive efforts to the San Diego Regional Water
Quality Control Board the City's responsiveness to the initial monitoring results and corrective
actions that were developed in response to findings from the Doheny Beach Source
Identification Pilot Project.
Deliverables:
Draft and Final source investigation information synthesis technical memorandum
Task 4: Project Management and Meetings
The AMEC Project Team will be responsible for the general project-level administration and
management throughout the duration of this project. Project management includes
coordinating with the City to meet project goals and budgets, and n.aintain the schedule. The
following tasks will be performed as part of this task
• Coordination and communication with the City
• Preparation for and :o.ttendance at a kickoff :neeting and :wnthly progress meetings, as
necessary
• Participation in bimonthly conference calls to providP progress updates, as necessary
• Administration of the contract for this project
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Environment & Infrastructure
9177 Sky Park Court, Suite A, San Di!lgO, CA 92123 USA
Staffing
All services provided to the City will be coordinated through the Director of Public Works and
Utilities, Keith VanDer Maaten.
The AMEC primary point of contact and Project Manager will be Ted Von Bitner. The
completion of assignments for the City will be performed by AMEC's Associate ievel or lower
labor category senior and junior level staff from the Irvine and San Diego offices. Any
specialized services that may require support from other A1\1EC offices will be evaluated
through consultation with the City.
Schedule
The period of performance for the scope of services shall be December 1, 2014 to November 30,
2015. AMEC's services shall begin upon on the notice to proceed issued by the City following
approval of the service agreement. The period of performance for the scope of service may also
be extended beyond the proposed deadline upon concurrence of both AMEC and the City of
San Juan Capistrano. Any changes in the schedule will be adjusted appropriately through
consultation with the City.
Deadlines for submittal of deliverables will be determined on an assignment-by-assignment
ba.c;;is depending on the complexity and scope of the assignment requested by the City. AMEC
will provide an. estimated time for completion for each assignment upon receiving a written
request for services from the City.
The cost for services provided to the City will based on work issued at the task level or on a
project-by-project basis as assigned to AMEC by the City according to Exhibit A. Fees will be
billed on a time and materials basis for each task or project level assignment up to an amount
not to exceed an overall budget of $25,000 according to the rate schedule provided in Exbibit B.
Invoices for services provided shall summarize activities performed, lates on which activities
were performed, identify the AMEC staff that performed the services the actual costs incurred,
and the remaining budget.
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Environment & infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92123 USA
Exhibit A.
Scope of Services Budget during Period of Performance
·.· .
TASK ............
1 WQMP Reviews2
2 Compliance Program Support
2a Annual Report Preparation
2b Facility Inspections4
2c General Permittee Meetings, (12) Monthly
2d Programmatic Training
3 Monitoring Program Technical Support
3a Action Levels Programs
3b L01S02 Technical Memo
4 Project Administration
Notes:
$650 per WQMP
$110 pet inspection
$8,900
TBD3
$175 per review
$8,000
$5,000
· ... szs:ooo . .·' .·.·' · .. '
1) AMEC scope ofservices does not include the utilization of subcontractors to perform services.
2) Estimated time for completion of WQMP review is 4 hours but costs will only be billed an actual time
accrued.
3) TBD ""To Be Determined. Services to be provided are depend on agreement start date, reporting
deadlines, and City staffing availability for preparation of the 2013-2014 or 2014-2015 annual reports.
4) Estimated time for completion of facility inspection is 1 hour but eosts will only be billed on actual
time accrued.
5) Estimated time for completion of Action Levels program monitoring data review, including email
summary of recommendations is 1 hour per event but costs will only be billed on actual time accrued.
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Environment & Infrastructure
9177 Sky Park Court, Suite A· San Diego, CA 92123 USA EXHIBIT B
Exhibit B. AMEC Rate Schedule
LABOR CATEGORY RATE/HR
Principal $250
Senior Associate $180
Associate $175
Senior II $160
Senior I $150
Technical Professional 3 $120
Technical Professional 2 $110
Technical Professionall $100
Senior T echnidan $85
Field Technician $80
Project Assistant $65
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Environment & Infrastructure
9177 Sky ?ark Court, Suite A· San Diego, CA 92123 USA