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15-1201_AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC_Professional Services Agreement (Storm Water) PROFESSIONAL SERVICES AGREEMENT FOR: ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE SERVICES CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of20.x_ by and between the City of San Juan Capistrano, a municipal corporation 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 Amec Foster Wheeler Environment & Infrastructure Inc., a Corporation with its principal place of business at 1105 Lakewood Parkway, Suite 300 Alpharetta, Georgia 30004 (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: Environmental and Storm Water Quality Compliance Program (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 $113.140. Consultant shall not perform services requiring the use of Contingency funds without the City's prior approval. 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. 3. Additional Work. 1 61147.02100\10974777 1 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. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). Consultant shall complete the services required hereunder within January 1, 2016 to December 31, 2017. The Notice to Proceed shall set forth the date of commencement of work. 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. 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 2 61147.02100\10974777 1 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 Consultant 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 Liabil (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 (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 Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage 3 61147.02100\10974777 1 (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 "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 CErrors and Omissions) At all times during the performance of the work under this Agreement the Consultant 4 61147.02100\10974777.1 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 per occurrence for bodily injury and property damage Employer's Liability $1,000,000 per occurrence 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 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 5 61147.02100\10974777 1 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 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. 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. 6 61147.02 1 00\10974777.1 (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 reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged 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 consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers . b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert 7 61147.02100\10974777.1 witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers. 13. California Labor Cade 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. 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, if applicable. Consultant shall defend, indemnify and hold the City, its elected 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, employment of apprentices, hours of labor and debarment of contractors and subcontractors. 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. This Project 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. 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. 15. 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. 16. 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 8 61147.02100\10974777 1 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. 17. 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. 18. Organization Consultant shall assign Theodore W. 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. 19. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 20. 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: CITY: CONSULTANT: City of San Juan Capistrano Amec Foster Wheeler, 32400 Paseo Adelanto Environment & Infrastructure, Inc. San Juan Capistrano, CA 92675 9177 Sky Park Court Attn: Hossein Ajideh, PhD, PE San Diego, CA 92123 Attn: Theodore W. Von Bitner and shall be effective upon receipt thereof 9 61147.02100\1 0974777.1 21. 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. 22. 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. 23. 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. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 25. Successors and_Assians 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. 26. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. 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. 10 61147.02100\10974777 1 29. 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] 11 61147.02100\10974777.1 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND AMEC FOSTER WHEELER IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO Amec Foster Wheeler, Environment & Infrastructure, Inc. f r By: s)�J�p�r ry By: a I F�1 S�I t *�C�. �3 i Mayor _Its: Program Manager ATTEST: By: Mort)W_Azl� City Clerk Approved as to Form: By: Jeff al inger Cityx �,,�� 12 61147.02100\10974777.1 EXHIBIT A Scope of Services 13 61147.021 00\10974 777.1 joaft amec ,. foster lilllVV:�l3 `I �aVIF wheeler Scope of Work for Environmental and Storm Water Quality compliance Program To: Hossein Ajideh, P.E. City of San Juan Capistrano—Public Works & Utilities Department Date October 9, 2015 From: Ted Von Bitner, Associate Scientist Amec Foster Wheeler Environment& Infrastructure Inc. amec October 9, 2015 faster wheeler City of San Juan Capistrano Public Works & Utilities Department Attn: Hossein Ajideh, P.E. Senior Civil Engineer 32400 Paseo Adelanto San Juan Capistrano, California 92675 Subject: Request for Proposals (RFP)for Environmental and Storm water Quality Compliance Program Services Dear Mr Ajideh: Amec Foster Wheeler would like to thank you for the opportunity to submit our proposal to provide Environmental and Storm water Quality Compliance Program Services. The proposal attached to this cover letter includes our a summary of the Amec Foster Wheeler Team's qualifications for this work and the estimated costs for helping you and the City of San Juan Capistrano (City) with the elements outlined in the Request for Proposal (RFP). The Amec Foster Wheeler Team assembled to support the City's Environmental and Storm water Quality Compliance Programs has helped municipalities to comply with the regulatory requirements mandated by the San Diego Regional Water Quality Control Board for the past 20 years. Our team members are uniquely qualified to assist the City given both our individual and cumulative strengths, a history of working in the San Juan Creek watershed, hands-on experience with the potential challenges ahead for the City during the Water Quality Improvement Plan (WQ/P) development process, and an extensive work history helping municipalities navigate the Municipal Separate Storm Sewer System (MS4) permit. Our proposed subconsultant for this contract is Larry Walker &Associates, Inc. located at 785 Grand Avenue, Suite 200, Carlsbad CA, 92008. Mr. Paul Hartman is his firm's selected Project Manager and Paul can be contacted at (760) 730-9446 or fax number (310) 394-8959. Mr. Hartman's experience as a storm water program manager, his relationship working with Amec Foster Wheeler and his knowledge of TMDL policy, WQIPs, and Watershed Management Plans are some of the key reasons why we asked him to join the Amec Foster Wheeler Team and help us to support the City's programs. The proposed key team members as well as many other staff members within our organization will be immediately available to perform work on this contract. The number of personnel required for this program is only a portion of the total number of engineers, scientists, and watershed professionals that are available to City to help with this program. Amec Foster Wheeler declares that the parties interested in the proposal as principals, are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud. Nathan Schaedler, who will serve as the Principal-in-Charge, is authorized to negotiate a binding contract on behalf of Amec Foster Wheeler and the parties named in this proposal. We do not propose any exceptions to the Professional Services Agreement and we acknowledge receipt of all RFP addenda. This proposal shall remain valid for a period of not less than 90 calendar days after October 9, 2015. Amec Foster Wheeler Environment&Infrastructure, Inc. These data,furnished in connection with this proposal shall not be disclosed outside the City of San Juan Capistrano and shall not be duplicated,used,or disclosed in whole or in part for any 9177 Sky Park Court other purpose than to evaluate the proposal;provided,that if a contract is awarded to this offeror amec 41 faster wheeler Should you have any questions regarding either the scope of work or our cost estimate, Amec Foster Wheeler's Project Manager Ted Von Bitner will be your primary point of contact. Correspondence can be sent to him at our address listed below or he may be contacted at (858) 514-7741 or by fax: (858) 278-5300 and his email address is theodore.vonbitner@-amec.com. Please find attached our technical proposal and in Exhibit A our fee proposal for the Environmental and Stone water Quality Compliance Program Services. Sincerely, Amec Foster Wheeler Environment&Infrastructure, Inc. Theodore Von Bitner, Nathan Schaedler, P.E. Water Resources Project Manager Water Resources Division Manager Amec Foster Wheeler Environment&Infrastructure,Inc. These data,furnished in connection with this proposal shall not be disclosed outside the City of San Juan Capistrano and shall not be duplicated,used,or disclosed in whole or in part for any 9177 Sky Park Court other purpose than to evaluate the proposal;provided,that if a contract is awarded to this offeror It City of San Juan Capistrano— Environmental and Storm Water Quality Program Services J, 1 1. Work Plan and Schedule Narrative Rendition of the Technical Work Our proposal to assist with the City's storm water program (Program)focuses on three elements which are; ► First, we propose to provide Program Management support which focuses on tracking, verifying, and reporting on storm water related activities performed by City staff, and to provide on an as-needed basis, program training. We intend to help the City implement the storm water program by providing project management oversight of the activities and programs performed by the City departments including the Public Works, Utilities, and Community Services departments. Our Program Management services will include coordination with staff from the other City departments to maintain an up-to-date accounting of the activities and programs needed for the storm water program. ► Second, we propose to help the City implement the storm water program by providing hands-on services for activities and programs that are outside of the current availability of other City departments. We will help implement activities in support of the MS4 permit including but not limited to: Water Quality Management Plan check services, Commercial and Industrial facility inspections, ID/IC investigations related to bacteria sources in support of the Bacteria TMDL, Public Education and Outreach Program, and preparation of the Annual Program Effectiveness Assessment Report. We will also attend the WQIP development and TMDL stakeholder meetings on as-needed basis per the directions of the Senior Civil Engineer. ► Third, we propose to help the City complete critical regulatory guidance documents updates in support of the WQIP submittal to the Regional Board anticipated for early to mid-2017. The regulatory guidance documents that will be updated include the Local Implementation Plan, BMP Design Manual, and if necessary, the Comprehensive Load Reduction Plan. Proposed Approach for Work Plan Our Work Plan for the storm water program consists of two phases that will be concurrently implemented over the life cycle of the contract. The two phases consists of a core stormwater and implementation of annual priority projects. In phase one, we propose to implement a core storm water program during each fiscal year that includes the following areas of program support as defined in the RFP; i. Program Management: Our intention for this element of the program is to assist the Senior Civil Engineer and the City with the program activities including the evaluation of watershed management plans, support with the San Juan Creek Bacteria TMDL program, and working with Orange County on the MS4 monitoring program. Our attendance at the workgroup meetings will provide recommendations on technical or policy related issues that may influence the City's implementation strategy for the WQIP. For planning purpose we propose to attend Bacteria TMDL stakeholder meetings and attend storm water program meetings. We Team Members will provide a written electronic mail formatted meeting summary if the • Ted Von Bitner information presented includes a City budget or program implementation • Yvana Hrovat decision. ■ Paul Hartman Deliverable: Project summary memorandum or written meeting notes submitted within 10 business days. ii. WQMP Plan Check: The WQMP plan checking process represents a Team Members substantial amount of time for City staff to perform the document reviews. We • Yvana Hrovat understand the time commitment needed for plan checks and our team • Brent Smith includes a number of expert members with extensive experience performing the WQMP reviews. Our support to the City will include providing WQMP plan check support on an as-needed basis as directed by the Senior Civil Engineer or his appointed program lead. For budget planning purposes, we propose to provide support on fifteen (15) small WQMP plan checks per year or up to four (4) hours per event on large WQMPs which will be counted towards the required fifteen (15) per year. In the event the WQMP requires a revision and resubmittal by the developer or contractor, the second or subsequent review will be performed by City staff to avoid any potential representation of Amec Foster Wheeler as an agent or employee of the City. City of San Juan Capistrano— Environmental and Storm Water Quality Program Services �' Deliverable: Completion of up to fifteen (15)WQMP reviews. iii. Public Education and Outreach: The public education program is a central element of the storm water program. We understand that the education and outreach effort is a key Team Members communication pathway to businesses, developers, and property owners. We . Ted Von Bitner will help the City to utilize existing opportunities including but not limited to . Michelle Bowman sponsored outreach events, public seminars, the City and County websites, and the ongoing water conservation program to implement the Public Education and Outreach program mandated by the MS4 permit. We intend to assist the City with outreach events including but not limited to: the a-waste recycling event in support of stormwater trash management policies, participation at the Children's Water Festival, Ocean Discovery Institute educational programs, and the Annual Inner Coastal Clean Up day held on the 3rd Saturday of every September. To assist the City with the Public Education and Outreach program implementation in year 1, we propose to develop a set of written guidelines for City staff to record impressions made during the fiscal year in addition to continuing the Annual Inner Coastal Clean Up event in September. We additionally propose to help the City develop a method for promoting the Water Quality Improvement Plan Public Participation process in lieu of sponsoring individual events as previously described. In the third and fourth year of the agreement, we propose to implement a more formalized program in response to the reduction that will be recognized with the conclusion of the Public Participation program. We will help the City to hold up to four(4)outreach events per year. Deliverable: (Year 1 and 2)written guidelines for City staff to record impressions and participation in the Annual Inner Coastal Clean Up. (Year 3 and 4) participation in the Annual Inner Coastal Clean Up and three(3)additional events per year. iv. Inspection and Database Support a) Commercial and Industrial Inspections: We intend to continue our Team Members support with the Commercial and Industrial Inspection program by ■ Brent Smith inspecting 20 percent of the City's current inventory. The annual number of ■ Mike Lowther routine inspection needed for permit compliance is approximately forty-five ■ Ellen Smith (45) based on the current inventory and approximately six (6) follow-up ■ Brad Michael inspections may be needed. We propose that the remaining nine (9) inspections may be allocated to performing as-needed inspections of high priority areas or performing drive-by inspections of high priority geographic areas. These additional inspections may be allocated towards runoff related issues including but not limited to; performing follow up inspections of trash accumulating areas, performing drainage areas surveillance in response to outfalls with persistent non-storm water flows, or for any other priority water quality condition as directed by the City. We will continue to review and update the City's current Commercial and Industrial inventory and work with the City's business license administrator to evaluate bi-annual changes in the inventory that may need to be included with the storm water program. In addition, during the first year of our inspection program implementation we will focus on reviewing the results from FY2014-2105 inspections to determine the appropriate Standard Industrial Classification codes for businesses that should or should not be included in the inventory. We intend to implement the revised model inspection and reporting format developed by the County of Orange during the 2015-2016 reporting year. Additionally, we intend to implement a more robust feedback process into the inspection program whereby the property or business owners receive a copy of the completed inspection form. We have adopted this approach for other municipalities and in addition to the outreach and education value the approach has generated, the feedback process is also considered a valuable method for documenting compliance with the permit provisions. Deliverable: Completed forms for up to sixty(60) inspections and submittal of the completed forms to the property or business owners. IV City of San Juan Capistrano— Environmental and Storm Water Quality Program Services b) Residential Inspections: We propose to support the City with the Mike Lowther Residential Inspections program by utilizing the existing resources to meet Brenda Stevens the permit requirements. We will work with the City's water conservation coordinator from the Utilities Department to track and document outreach events that may be counted towards compliance with the Residential Inspection, Public Education, and ID/IC program requirements. Our support will include helping the Utilities Department staff to track and document over-irrigation prevention incidences, reviewing printed materials for Utility customers and brochures developed by the Orange County Public Works or the Municipal Water District of Orange County, turf- replacement locations, and outdoor irrigation system upgrades. We intend to work with the water conservation coordinator to maintain a GIS based map of the conservation efforts so that we can develop a prioritization of properties or geographic areas that require frequent intervention to prevent over-irrigation. Deliverable: A GIS based map illustrating locations of water conservation program efforts. c) Municipal Facility Inspections:We propose to support the City with the Team Members Municipal Facility Inspections program by utilizing the existing resources to Brent Smith meet the permit requirements. City staff performs the fixed facility and field program inspections and our support with this program will be help City staff track and document the completion of inspection results. . We will provide recommendations on additional program training if our review of the inspection program suggests that additional effort may be needed to fulfill the compliance requirements of the permit. Deliverable: One to two page program summary memoranda describing purpose and need for additional program training within 10 business days of completing program evaluation. Memos are intended to describe purpose, audience, reason for location, and overall focus of the training event. V. Illegal Discharge and Illicit Connection Prevention: Our support with the storm water program will include helping the City to implement a cohesive ID/IC program. Our approach Team Members includes managing and evaluating data generated by inspections, City's Code . Ted Von Bitner Enforcement Officers, monitoring results provided by Orange County, using . Corey Elliott GIS visualization techniques to assess outreach and enforcement efforts, reviewing and providing comments on the transitional and post approved-WQIP monitoring programs, and keeping an updated inventory of events and locations using our web-based database system. Our intent is to utilize the ID/IC program information to assist the City with developing prioritization strategies for the non-storm water and storm water outfall monitoring and assessment program, including development of BMP implementation strategies in response to program findings prepared by the County of Orange. Deliverable: A summary of ID/IC events and results presented tabular will be included as an MS Excel attachment to the technical memo developed for Task 4. In addition to these efforts, we propose to apply the results of the inspections, ID/IC prevention, water conservation outreach program, and transitional monitoring program so that program compliance efforts can be related to monitoring results and the permit provisions for assessing jurisdictional contributions to receiving water conditions. We believe that relating the inspections, water conservation efforts, and monitoring results represents a more robust approach towards assessing the effectiveness of the City's storm water program and ultimately meeting the compliance requirements of the permit. We propose to include the GIS based maps in the Annual Report Executive Manager's Fact Sheet(see item 6 for additional information). vi. Annual Report Preparation: Under the transitional program, the City will need to continue preparing the transitional program annual effectiveness assessment report, in a manner similar to the 2014- 2015 report format. This reporting format is anticipated to continue until the FY2017-2018 reporting year or the approval of the WQIP. The reporting format of the approved WQIP annual reports has not been developed yet for the Orange County Copermittees, but we propose that in coordination with our services to the City, we will continue to utilize our contacts from San Diego County municipalities to review and evaluate the WQIP annual report format. Our intention is to help the Senior Civil Engineer better estimate the potential program and reporting requirements that may be needed during the FY2017-2108 and subsequent reporting years for the MS4 program. LTeamembers on BitnerCity of San Juan Capistrano— Environmental and Storm Water Quality Program Services Johnson4 Hartman Deliverable: Submittal of the Transitional Form D Annual Jurisdictional Runoff Management Plan Report and completion of the data tables for inclusion in the Orange County Unified Annual PEA report. vii. General Permit Compliance and Technical Guidance Support: Over the 2015-2016 and 2016- 2017 reporting period we provide advocacy for the City's interest through Team Members participation in the Orange County WQIP development meetings. For planning . Ted Von Bitner purposes, we propose to attend six (6) stakeholder meetings per year. Our ■ Yvana Hrovat, PE support to the City will include attendance at the Public Participation events, a Paul Hartman which are required as part of the development process. During the 2016-2017 reporting year, in coordination with the submittal of the Orange County WQIP, the City will need to update the Local Implementation Plan and BMP Design Manual. Our team has hands-on experience performing these guidance document updates for municipalities in San Diego County and can draw upon those lessons learned to provide efficient and cost-effective updates to the City's plans. Deliverables: Draft and final BMP Design Manual adapted for City implementation Draft and final Local Implementation Plan compliant with R9-2015-0100 Program Suggestions The storm water program described in the previous section represents the core program that we intend to implement on an annual basis. Likewise, Amec Foster Wheeler is committed to helping our clients look for ways to increase the utilization of existing resources, make minor modifications to improve the effectiveness of their program, or to adapt permit requirements into the existing program. The Amec Foster Wheeler Team recognizes the City's unique opportunities and challenges and proposes the following phase 2 activities as part of the overall program implementation. The projects and activities identified in this section are intended to help the City work towards alternative compliance solutions, improve the cost-effectiveness of the current program, and to make milestone program updates. FY2015-2016 (Scope of Services Item 4) Start-up of a web-based Inspection Database: During Team Members the 2015-2016 reporting year, we propose to migrate the City's current inspection - Brad Michael program into a proprietary web-based database system. This automated system is . Corey Elliott currently being implemented into the City of Santa Ana's inspection program and we propose to utilize the program for the City of San Juan Capistrano, which will also follow the model program developed by the County of Orange. Only a minor modification is required to adapt the database system to the San Diego Region MS4 permit requirements. This new system developed by Amec Foster Wheeler has been adopted for a wide variety of projects including wastewater and drinking water infrastructure mapping projects, storm drain system monitoring projects, restaurant, automotive, and commercial business inspection programs, a storm water treatment system inspection program, and more recently a large scale environmental study. This smart-phone based program allows field inspectors to integrate observations, photographs, and inspection findings into a single unified electronic record. The benefit to the City for adopting this type of database system is the flexibility to create a central information system for all inspection programs including but not limited to: commercial, industrial, residential, construction, municipal, and FOG inspection programs. Our database system has the option of integrating inspections results onto a GIS platform and can provide standard reporting outputs in both tabular and graphical formats. Our database program additionally has the ability to create an inspection schedule for the City PM to review in advance and can send email notifications to the City PM when inspections are complete and/or to Code Enforcement Officers when a discharge event is observed during the field program. (Scope of Services Item 5) ID/IC Investigation at TMDL Outfalls in San Juan Creek: f Team Members Preventing human associated bacteria sources from the entering the storm drain . Ted Von Bitner system represents one of the key strategies for changing the Bacteria TMDL - Darcy Ebentier implementation requirements. We recognize an opportunity for the City to adapt the . Paul Hartman current Sanitary Sewer Management Plan to support the City's implementation City of San Juan Capistrano— Environmental and Storm Water Quality Program Services , perform a desktop based analysis of the drainage areas within the three priority outfalls identified during the 2011 Doheny Beach/San Juan Creek Source Identification Pilot Project lead by the State Water Resources Control Board. Our support with this project is intended to assist the City with identifying potential wastewater infiltration into the storm drain system and to address the high-risk sources of bacteria from these outfalls as part of the non-storm water discharges monitoring program lead by the County of Orange. This work will directly support the implementation of the Bacteria TMDL program. Deliverable: A brief project summary will be included as part of the annual Jurisdictional Runoff Management Program annual report submitted to the Regional Water Quality Control Board. (Scope of Services Item 7) Construction Inspection Program Review: The City has Team Members implemented a construction inspection program which is currently led by the Building - Brent Smith Inspectors section. Our review of the program during 2014-2015 suggested that - Anna Wemet additional documentation should be generated to fulfill the MS4 permit compliance - Mike Lowther requirements. We propose to support the City with the Construction Inspections program by utilizing the existing resources to meet the permit requirements. We will work with the City's Building Inspectors from the Community Services Department to develop an enhanced tracking and documentation process to be counted towards the Construction Management program requirements. We will provide recommendations on additional program training if our review of the inspection program suggests that additional effort may be needed to fulfill the compliance requirements of the permit. We will continue to review and update the City's current Construction inventory and work with the inspectors to evaluate changes in the inventory that may need to be included with the annual report. Deliverable: One to two page program summary memoranda describing purpose and need for additional program training within 10 business days of completing program evaluation. Memos are intended to describe purpose, audience, reason for location, and overall focus of the training event. FY2017-2018 The 2017-2018 reporting year will bring several potential priorities for the City. Given the uncertainty of the formal approval process, the 2017-2018 reporting period may include the following major program elements; o� The Regional Board may approve the Orange County WQIP, which will require the City's program to adapt to new compliance implementation and reporting requirements, and o- The State Water Resources Control Board is expected to open the solicitation for municipalities to apply for Proposition 1 (Prop 1)funding opportunities during calendar year 2018. As both a public utility agency and storm water regulated agency, the Prop 1 funding program offers enhanced opportunities for the City to implement storm water capture based BMPs conceptualized as part of the WQIP development process. While these two issues may require attention during the 2017-2018 reporting year, at this time we do not have formal information to suggest these processes will not occur during the reporting year nor can we presently anticipate the program requirements that may need to be implemented. We propose that the 2017-2018 reporting year effort should focus on implementing the core storm water program until such time that we have a better understanding of the timelines for the above activities. We propose to continue tracking these important items and will work with the Senior Civil Engineer should these priorities occur during the reporting period. FY2018-2019 The 2018-2019 reporting year will also present several potential priorities for the City. Given the uncertainty of the formal approval process, the 2017-2018 reporting period may include the following major program elements; op- The Regional Board has informally announced they are likely to include the statewide amendments on trash control into the MS4 permit with the adoption process expected in late 2018, and While these issues may require attention during the 2018-2019 reporting year, at this time we do not have formal information to suggest these processes will not occur during the reporting year nor can we presently anticipate the program requirements that may need to be implemented. We propose that the 2018-2019 reporting year effort should focus on implementing the core storm water program until such time that we have a better understanding of the timelines for the above activities. We propose to continue tracking these important items and will work with the Senior Civil Engineer should these priorities occur during the reporting period. City of San Juan Capistrano— Environmental and Storm Water Quality Program Services Schedule of Program Implementation Scopeof Fiscal Year ScopeServices Number 2016 2017 2018 2019 i Program Management X X X X i Participate in Stakeholder Meetings X X X X i Transitional Monitoring Program X X Su Sort i WQIP Monitoring Program Support(a) X X ii WQMP Plan Check X X X X iii Public Education and Outreach X X X X iii Annual Creek Clean Up Event X X X X iv Commercial and Industrial Inspections X X X X iv Residential and Municipal Inspections X X X X iv Inspection Database Support X X X X v ID/IC Investigative Assistance X X X X v ID/IC Investigation of TMDL Priority Outfalls X vi Transitional Annual Report Preparation X X vi WQIP Annual Report Preparation(a) X X Vii General Permit Compliance and X X X X Technical Support vii WQIP Development Support(b) X X X vii BMP Design Manual Update X vii Local Implementation Plan Update X Note:(a)Implementation of the approved WQIP MS4 program is contingent upon Regional Board approval of the Plan submitted by the Orange County municipal permittees. (b)WQIP support may continue through the latter part of calendar year 2017. Quality Assurance Review Water quality plans and reports are typically complicated documents that require input from a number of experts and include analysis of data from multiple sources. The Amec Foster Wheeler Team has developed a document production and review process over years of working with a large number of team members to produce coherent documents with a consistent voice. The process begins with task leads and key experts drafting specific portions of a document with staff assistance. The Project Manager coordinates this stage of the process by communicating the overall goals of the document and providing clear direction for the content of each component. The Project Manager and Project Principal review these components during their development and guide the task leads toward the overall goals. A senior engineer or scientist is assigned to compile the various portions of the document. Once compiled, a technical editor reviews the document for consistency in terminology, voice, grammar, and accessibility. Our approach has helped us to consistently deliver high quality documents that meet or exceeds City of San Juan Capistrano—Environmental and Storm Water Quality Program Services � " Proposed Approach for Managing Resources Amec Foster Wheeler's proposed Project Manager for this contract is Ted Von Bitner. Dr. Von Bitner and he will be available full-time for this contract beginning in November 2015 and during the life of the contract. Dr. Von Bitner lives and works in the south Orange County area and will at all times be available within three hours of notice by the City. Communication with the City. Mr. Von Bitner will provide a detailed Communications Plan that will be developed within 30 days of contract award and distributed to all team members and City staff. This plan will detail the strategy for communicating with the City's Project Manager (when, what, and who) and the objectives for communications. At a minimum, this will include: ► Regular(e.g., monthly, or more frequent if necessary) meetings with City Project Manager. ► Regular work periods (e.g. two days per month) at the City offices to provide additional opportunities for coordination between the Amec Foster Wheeler's Project Manager and City staff. ► As-needed phone call and e-mail updates to City Project Manager or, if needed, Public Works and Utilities Department staff. ► Monthly written status reports to the City Project Manager and, if requested, individual City staff. Communication and Management Strategies within the Proposed Team. Communication and Management Strategies within the Proposed Team will include: ► Regular meetings with all team members, including representatives from LWA (if needed, via conference call), to discuss project status, and upcoming events and deliverables. ► Shared Project files outlining project tasks and deliverables on a network drive everyone can access. ► Global calendar in Outlook for every member of the team to input his or her pertinent information, such as conference calls, meetings or vacation schedules. ► Staffing plan with clearly defined roles and training, educational, and experience requirements. ► On-line project management based accounting system for tracking financial information. ► Use of a dedicated Project Controller to track key financial metrics and provide budgeting forecasts and updates to the Project Manager. EXHIBIT B Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detained 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. 14 61147.02100\10974777.1 amec �= aster wheeler Fee Proposal for Environmental and Storm water Quality Compliance Program t 2 To: Hossein Ajideh, P.E. City of San Juan Capistrano— Public Works & Utilities Department Date October 9, 2015, revised October 28, 2015 From: Ted Von Bitner, Associate Scientist Amec Foster Wheeler Environment& Infrastructure Inc. amec foster wheeler Should you have any questions regarding either the Fee proposal, Amec Foster Wheeler's Project Manager Ted Von Bitner will be your primary point of contact. Correspondence can be sent to him at our address listed below or he may be contacted at (858) 514-7741 or by fax: (858) 278-5300 and his email address is theodore.vonbitner@amec.com. Sincerely, Amec Foster Wheeler Environment&Infrastructure, Inc. 'IC46W A- Theodore Von Bitner, Nathan Schaedler, P.E. Water Resources Project Manager Water Resources Division Manager Amec Foster Wheeler Environment&Infrastructure,Inc. These data,furnished in connection with this proposal shall not be disclosed outside the City of San Juan Capistrano and shall not be duplicated,used,or disclosed in whole or in part for any 9177 Sky Park Court other purpose than to evaluate the proposal;provided,that if a contract is awarded to this offeror Exhibit A. Fee Proposal for *, Environmental and Storm Water Quality amec Compliance Program foster wheeler Table of Contents 1. Synopsis of Fee Proposal 4 2. Schedule of Hourly Rates 5 3. Summary of Work Plan for Evaluating the Program Cost Estimate 7 4. Program Cost Estimate 8 I City of San Juan Capistrano— Environmental and Storm Water Quality Program Services "ems' 1. Synopsis of Fee Proposal The Fee Proposal presented in this document follows the Schedule of Program Implementation presented in the table below and follows the Scope of Services items provided in the RFP. Schedule of Program Implementation Scopeof Fiscal Year ScopeServices 2019 i Program Management X X X X i Participate in Stakeholder Meetings X X X X i Transitional Monitoring Program X X Su ort i WQIP Monitoring Program Suppod ) X X ii WQMP Plan Check X X X X iii Public Education and Outreach X X X X iii Annual Creek Clean Up Event X X X X iv Commercial and Industrial Inspections X X X X iv Residential and Municipal Inspections X X X X iv Inspection Database Support X X X X v ID/IC Investigative Assistance X X X X v ID/IC Investigation of TMDL Priority Outfalls X vi Transitional Annual Report Preparation X X vi WQIP Annual Report Preparation(a) X X vii General Permit Compliance and Technical X X X X Su ort vii WQIP Development Support(b) X X X vii BMP Design Manual Update X vii Local Implementation Plan Update X Note:(a)Implementation of the approved WQIP MS4 program is contingent upon Regional Board approval of the Plan submitted by the Orange County municipal permittees. (b)WQIP support may continue through the latter part of calendar year 2017. Narrative Rendition of the Fee Proposal Our Fee Proposal to assist with the City's storm water program (Program) is based on the Schedule shown above, and based on the Work Plan described in Section 4 of the technical proposal. Our estimated cost for performing this work is separated into annual program costs as follows; ■ Year 1: $56,570 • Year 2: $56,570 • Year 3: $44,940 • Year 4: $44,940 Our average cost per year following this proposed program is $50,755. Our Schedule of Hourly Rates for performing the work is provided in Section 2 of this proposal. Our estimated cost for the stormwater program, following the format of Exhibit A of the RFP, assuming a four year contract time period, is provided in Section 3 of this proposal. IV City of San Juan Capistrano— Environmental and Storm Water Quality Program Services Irby 2. Schedule of Hourly Rates The Schedule of Hourly Rates for Amec Foster Wheeler staff is presented in the table below, Amec Foster Wheeler Environment & Infrastructure, Inc. City of San Juan Capistrano Rates for Environmental and Stormwater Quality . . PROFESSIONAL SERVICES CLIENT agrees to reimburse Amec Foster Wheeler for all hours worked by professionals at the following classifications and associated hourly labor rates. For expert witness testimony and related services in connection with litigation,CLIENT agrees to reimburse Amec Foster Wheeler for all hours worked by professionals at the following classifications,but at one and one half times the associated hourly labor rates. CONTRACT ROLE RATE/HOUR Senior Principal Engineer/Scientist $185 Associate Project Manager Engineer/Scientist $160 Senior 2/Engineer/Scientist $140 Senior 1/Engineer/Scientist $130 Staff 3 Engineer/Scientist $110 Staff 2 Engineer/Scientist $105 Staff 1 Engineer/Scientist $95 Senior Technician $85 Field Technician $80 Senior Project Controller/Coordinator $125 Project Coordinator $65 Technical Writer $85 GIS Programmer $95 Inspector,Lead $100 Inspector,Technician $90 OTHER DIRECT EXPENSES:CLIENT agrees to reimburse Amec Foster Wheeler for all other direct expenses incurred at the following rates,except as otherwise specified by Amec Foster Wheeler in its proposal: Subcontract Expenses:Supplies or services furnished to Amec Foster Wheeler in support of project Cost activities by any supplier or firm,except temporary agency or consultant staff charged at above hourly rates Direct Expenses:Other expenses in support of project activities Cost Unit Pricing: Any unit pricing work,such as laboratory analysis,in-house equipment rental,etc.will be Cost quoted separately IV City of San Juan Capistrano— Environmental and Storm Water Quality Program Services Ir The Schedule of Hourly Rates for our subconsultant is presented in the table below. L A R R Y WALKER LARRY WALKER ASSOCIATES Rate Schedule Effective July 1, 2015—June 30, 2016 ASSOCIATES PERSONNEL Rate$/Hour REIMBURSABLE COSTS Administrative $ 75 Special Postage and Express Mail: Technical Assistant $ 85 Actual expense Other Direct Costs: Contract Administrator $140 Actual expense Project Staff 1-B $135 Project Staff I-A $155 Project Staff 11-B $170 Project Staff 11-A $190 Senior Staff $215 Associate $240 Vice President $265 President $290 City of San Juan Capistrano— Environmental and Storm Water Quality Program Services I—& 3. Summary of Work 'Plan for Evaluating the Program Cost Estimate The following Work Plan summary is intended to describe the effort that will performed for each of the Task costs presented in Section 3. Our propose program includes the following: Task 1: Program Management • Assistance with reviewing NPDES and TMDL watershed management plans, ■ Representation and advocacy for the City at the San Juan Creek Bacteria TMDL workgroup meetings per year, and • Representation and advocacy for the City at the Orange County Stormwater Programs meetings and during programs lead by the County per year, • Preparing summary memoranda or written summaries of stakeholder meetings attended. Task 2:WQMP Reviews • Providing plan check services for not more than fifteen (15)WQMPs per year Our proposed fees for providing WQMP plan check services are consistent with the Engineering Fees currently listed on the City's webpage. Task 3: Public Education and Outreach • Organizing and participating in public education and outreach programs in year 1 and year 2 in addition to the Public Participation program adopted as part of the WQIP development process. • Implementing a formalized Education and Outreach program in year 3 and year 4 to offset the reduction in effort following the WQIP development. • Preparing written program implementation guidelines for City staff to follow. Task 4: Inspections and Database Support • Completion of up to sixty(60) inspections per year including preparation of the notification letters, and submittal of inspection results to the property owners/managers. ■ Managing the existing the commercial, industrial, municipal, construction, and residential inventories, and • Upgrading the existing inspection database during year 1. Task 5: ID/IC Prevention • Managing and evaluating data generated by inspections, City's Code Enforcement Officers, monitoring results provided by Orange County, and using GIS visualization techniques to assess outreach and enforcement efforts, • Working with City staff to prioritize geographic areas and to coordinate these efforts with the water conservation program , and • Implementing a desktop source identification project of priority outfalls flowing to San Juan Creek during year 1. Task 6: Annual Report Preparation • Preparing the MS4 permit transitional program Jurisdictional Runoff Management Plan annual report, and • Preparing the data tables for inclusion in the Orange County Unified Annual Report. Task 7: General Permit Compliance and Technical Support • Representation and advocacy for the City at the WQIP technical workgroup and Public Participation meetings, • Revising the BMP Design Manual during year 2 in coordination with the WQIP submittal to the Regional Board, and • Revising the Local Implementation Plan during year 2 in coordination with the WQIP submittal to the I City of San Juan Capistrano- Environmental and Storm Water Quality Program Services 4x 4. Program Cost Estimate The cost estimate presented in this section of the proposal represents the overall cost estimate for implementing the City's storm water program for a period covering four years in duration.(a,b) LaborTask • Cost Categories • Senior Principal Engineer/Scientist $185.00 Associate Project Manager Engineer/Scientist $160.00 Senior 2 Engineer/Scientist $140.00 Senior 1 Engineer/Scientist $130.00 Staff 3 Engineer/Scientist $110.00 Staff 2 Engineer/Scientist $105.00 Staff 1 Engineer/Scientist $95.00 1. Program Senior Technician 24 $85.00 $3,759 Management* Field Technician $80.00 Sr Project Controller/Coord. $125.00 Project Coordinator/Admin. $65.00 Technical Writer $85.00 GIS Programmer $95.00 Inspector, Lead $100.00 Inspector, Technician $90.00 (LWA)Senior Staff $215.00 Total not to 95 $15,035 exceed. Task 1 -I Senior Principal Engineer/Scientist $185.00 Associate Project Manager Engineer/Scientist $160.00 Senior 2 Engineer/Scientist $140.00 Senior 1 Engineer/Scientist $130.00 Staff 3 Engineer/Scientist $110.00 Staff 2 Engineer/Scientist $105.00 Staff 1 Engineer/Scientist $95.00 2. WQMP Plan Check Support Senior Technician 60 $85.00 $8,400 Field Technician $80.00 Sr Project Control ler/Coord. $125.00 Project Coordinator/Admin. $65.00 Technical Writer $85.00 GIS Programmer $95.00 Inspector, Lead $100.00 Inspector, Technician $90.00 Total not to exceed. Task 2 240 $33,600 11 City of San Juan Capistrano- Environmental and Storm Water Quality Program Services 4: LA Task Labor Est. Hourly Task Cost Categories Hours Rate Senior Principal Engineer/Scientist $185.00 Associate Project Manager Engineer/Scientist $160.00 Senior 2 Engineer/Scientist $140.00 Senior 1 Engineer/Scientist $130.00 Staff 3 Engineer/Scientist $110.00 Staff 2 Engineer/Scientist $105.00 Staff 1 Engineer/Scientist $95.00 3. Public Senior Technician 53 $85.00 $6,500 Education* Field Technician $80.00 Sr Project Controller/Coord. $125.00 Project Coordinator/Admin. $65.00 Technical Writer $85.00 GIS Programmer $95.00 Inspector, Lead $100.00 Inspector, Technician $90.00 Total not to 210 $26,000 exceed, Task 3 Senior Principal Engineer/Scientist $185.00 Associate Project Manager Engineer/Scientist $160.00 Senior 2 Engineer/Scientist $140.00 Senior 1 Engineer/Scientist $130.00 Staff 3 Engineer/Scientist $110.00 Staff 2 Engineer/Scientist $105.00 4. Inspections Staff 1 Engineer/Scientist $95.00 and Database Senior Technician 98 $85.00 $10,460 Support(°) Field Technician $80.00 Sr Project Control ler/Coord. $125.00 Project Coordinator/Admin. $65.00 Technical Writer $85.00 GIS Programmer $95.00 Inspector, Lead $100.00 Inspector, Technician $90.00 Total not to 392 $41,840 exceed. Task 4 City of San Juan Capistrano- Environmental and Storm Water Quality Program Services 1 Task Labor Est. Hourly Task Cost Categories Hours Rate Senior Principal Engineer/Scientist $185.00 Associate Project Manager Engineer/Scientist $160.00 Senior 2 Engineer/Scientist $140.00 Senior 1 Engineer/Scientist $130.00 Staff 3 Engineer/Scientist $110.00 Staff 2 Engineer/Scientist $105.00 Staff 1 Engineer/Scientist $95.00 5. ID/IC Senior Technician 54 $85.00 $6,528 Prevention �d� Field Technician $80.00 Sr Project Controller/Coord. $125.00 Project Coordinator/Admin. $65.00 Technical Writer $85.00 GIS Programmer $95.00 Inspector, Lead $100.00 Inspector, Technician $90.00 Texceed, Task 5 otal not to 216 $26,110 Senior Principal Engineer/Scientist $185.00 Associate Project Manager Engineer/Scientist $160.00 Senior 2 Engineer/Scientist $140.00 Senior 1 Engineer/Scientist $130.00 Staff 3 Engineer/Scientist $110.00 Staff 2 Engineer/Scientist $105.00 6. Annual Report Preparation and Staff 1 Engineer/Scientist $95.00 Program Senior Technician 57 $85.00 $7 520 Effectiveness Field Technician $80.00 Assessment Sr Project Controller/Coord. $125.00 Project Coordinator/Admin. $65.00 Technical Writer $85.00 GIS Programmer $95.00 Inspector, Lead $100.00 Inspector, Technician $90.00 (LWA)Senior Staff $215.00 Total not to 228 $29,000 exceed, Task 6 City of San Juan Capistrano—Environmental and Storm Water Quality Program Services Task, Labor Est. Hourly Task Cost Categories Hours Rate Senior Principal Engineer/Scientist $185.00 Associate Project Manager Engineer/Scientist $160.00 Senior 2 Engineer/Scientist $140.00 Senior 1 Engineer/Scientist $130.00 Staff 3 Engineer/Scientist $110.00 Staff 2 Engineer/Scientist $105.00 7. General Permit Staff 1 Engineer/Scientist $95.00 Compliance and Senior Technician $85.00 Technical 51 $7,859 Guidance Field Technician $80.00 Support Sr Project Controller/Coord. $125.00 Project Coordinator/Admin. $65.00 Technical Writer $85.00 GIS Programmer $95.00 Inspector, Lead $100.00 Inspector, Technician $90.00 (LWA) Senior Staff $215.00 Total not to 205 $31,435 exceed, Task 7 Proposed Total Not to Exceed Cost of Service(Tasks 1-7) 1586 $203,020 Notes: a. The estimate provided under each Task header(") is the yearly average budget for each scope item. b. The cost estimate provided above under the Total not to exceed line item for each task is the estimated budget for the duration of the four(4)years program. c. Task 4: The fee estimate to upgrade the inspection database to our web-based system is$5,040, which represents a one-time cost for the duration of the program. d. Task 5: The fee estimate for performing the project titled "ID/IC Investigation of TMDL Outfalls in San Juan Creek" is $9,910, which represents a one-time cost for the duration of the program. e. Task 7: The fee estimate for preparing the revised Local Implementation Plan is$14,080 which represents a one-time cost for the duration of the program. f. Task 7: The fee estimate for preparing the revised BMP Design Manual is $5,975 which represents a one- time cost for the duration of the program.