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15-0303_AMEC ENVIRONMENT & INFRASTRUCTURE, INC_D11_Agenda Report3/3/2015 r D11 City of San Jinn Capistrano Agenda port TO: Karen P. Brust, City Manage FROM: Keith Van Der Maaten, P. E., Public Works and Utilities Director Prepared By: Joe Mankawich, Associate Engineer DATE: March 3, 2015 SUBJECT: Consideration of a Personal Services Agreement for the Storm Water Quality Program As -Needed Support Services (AMSC Environment & Infrastructure Inc.) N. XOT011111_►lE e► 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 AMSC Environment and Infrastructure, Inc. (AMSC) for the Storm Water Program As -Needed Support Services until the end of Fiscal Year 201412015, 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. DISCUSS I ON/ANALYS IS: 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. COM MISS ION/CO MMITTEEfBOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: AMEC Environment and Infrastructure, Inc. ATTACHMENT(S): Attachment 1- Personal Services Agreement AMEC 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 small 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. Tera. 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. Total compensation for the services hereunder shall not exceed $25,000, including all expenses, as set forth in Exhibit "S," attached and incorporated herein by reference. 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. r ATTACHMENT 1 employees. 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 prodded 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 LFII or better. 74.1 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. 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). If Consultant intends to employ employees to perforin 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. 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 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. 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. 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 (10) 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 (10) day cure period. 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, claire, cost, expense and/or "increased costs" (including reasonable attorneys' fees, court and IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 0 Derek Reeve, Mayor AMEC ENVIRONMENT & INFRASTRUCTURE, INC. By: ATTEST: Maria Morris, City Clerk APPROVED AS TO FORNIX Hans Van Ligten, City Attorney EXHIBIT A - SCOPE OF WORK February 4, 2015 Keith Van Der 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 Storrnwater Program AAs -Needed Support Services Dear Mr. Van Der Maaten; AMEC Environment & Infrastructure, Inc. (AMEC) is pleased to submit for your consideration the fallowing 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 AMEC'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 basad monitoring program. The scope of services developed. by AMSC 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 a Preparation of the annual report a Commercial and industrial facility inspections c General Permittee meetings Assistance with technical elements of the MS4 monitoring program n MS4 Action Level Programs a 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. amety Environment & infrastructure 9177 Sky Park Court, Suite A • San Diego, CA 92123 USA Paine 1.nf1.0 iS' .li[L]1Ss1 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 staff on these important programs. If you have any questions, please contact us at (858) 514-7741 at your earliest convenience. Sincerely, AMSC Environment & Infrastructure, Inc. .,r Theodore Von. Bitoer, PhD Nathan Schaedler, P.E. Project Manager Senior Principal Manager amedy Page 2 of 10 Environment & Infrastructure: 9177 Sky Park Court, Suite A • San Diego, CA 92123 USA ale Stormwater 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 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 1s Water Quality Management Pian, Review The approval of Water Quality Management Plans (WQMi P) represents an important first step. in the regulatory compliance process and reviews of the WQMPs submitted to the City represented a substantial time conuydtrnent 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 information collected during the reporting ameO Page 4 of 10 Environment & infrastructure 9177 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 201.4-2015 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 eliverable:Preparation of annual report programmatic data. Completion of a draft and final 2014-201.5 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, .AMSC may attend on behalf of the City and will provide written summaries of the meeting including identif'y'ing 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 AMSC and/or City staff into the City's management database. Deliverable: Completed commercial or industrial facility inspections forms. Completion of the data entry requirements for inspections, ameO, Page 5 of 10 Environrnent & Infrastructure 9177 Sky Paris Court, Su[te A . San Diego, CA 92123 USA 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 wafter quality training, and construction trainings for building and public works construction inspectors. AMSC 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 .Faction Levels Program The current 4th term and subsequent 5th term M9.4 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. AMSC 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 reco.rnmendations for next steps including any follow up investigation. priorities. Task 3b: LOIS02 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 irnportant first step for ultimately developing an alternative site-specific water duality 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 ameO Page 5 of 10 Environment & Infrastructure 9177Sky Park Court, Suite A • San Diego, CA 9.2123 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, AMSC 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 HFl 83 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 G15 layer to support whether any potential hot spots remain that may need inspection. ANIEC 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 AMSC Project Team will be responsible for the general project -level administration and management throughout the duration of chis 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 time City ® Preparation for and attendance at a Kickoff meeting and monthly progress meetings, as necessary ® Participation in bimonthly conference calls to provide progress updates, as necessary • Administration of the contract for this project ame Page 7 of 10 Enuiror:ment & 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 Van Der 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 AMEC 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 AMSC 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 anassignment-by-assignment basis depending on the complexity and scope of the assignment requested by the City. AMSC will provide an. estimated time for completion for each assignment upon receiving, a written request for services from. the City. Costs 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 Exhibit B. Invoices for services provided shall summarize activities performed, dates on which activities were performed, identify the AMEC staff that performed the services, the actual costs incurred, and the remaining budget. amen Page 8 of 10 Environment & infrastructure 9177 S[ky Park Caurt, Sulte A • San Wego, CA 92123 USA Exhibit A. Scope of Services Budget during Period of Performance "ASI: ; TASK USClitl'T�N GC]Tr 1 WQMP Reviews? $650 per WQMP 2 Compliance Program Support 2a Annual Report Preparation TBDI 2b Facility Inspections4 $110 per inspection 2c General Permittee Meetings, (12) Monthly $8,900 2d Programmatic Training TBIY I 3 Monitoring Program Technical Support 3a Action Levels Prograrn5 $175 per review 3b L01S02 Technical Memo ,$5,000 4 Project Administration $5,000 Notes: 1) AMSC scope of services does not include the utilization of subcontractors to perforce services. 2) Estimated time for completion of WQMP review is 4 hours but costa will only be billed an. actual time accrwd, 3) TBD = To Be Determined. Services to be provided are depend on agreement start date, reporting deadlirres, and City staffing availability for preparation of the 2013;w2014 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 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. am Environment & Infrastructure 9177 Sky Park Court, Suite A, San Diego, CA 92123 USA Page 9 of 10 Exhibit Ba AMEC Rate Schedule LABOR CATEGORY RATE/HR Principal $250 Senior Associate $180 Associate $175 Senior 11 $160 Senior I $150 Technical Professional 3 $120 Technical Professional 2 $110 Technical Professional 1 $100 Senior Technician $85 Field Technician $80 Project Assistant $65 c Page 10 of 10 Environment & infrastructure 9177 Sky. Park Court, Suite A , San Diego, CA 92123 USA