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HomeMy WebLinkAboutC-2814 ,; , C-til6S \�.�Grr lFOltn.IG� - .1i ORIGINAL __ a, AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICE Ps: AGREEMENT FOR THE DEVELOPMENT OF THE ENHANCED ,-q:.' ..,--__ .„, WATERSHED MANAGEMENT PROGRAM PLAN FOR THE RIO HONDO/SAN 0 •GABRIEL RIVER WATER QUALITY GROUP BY AND BETWEEN THE CITY OF ARCADIA AND CALIFORNIA WATERSHED ENGINEERI NG This Amendment No. 3 ("Amendment No. 3") is hereby entered into this / day of Oa , 2016 by and between the City of Arcadia, a municipal corporation of the State of California, and California Watershed Engineering, a California Corporation, with respect to that certain Professional Services Agreement between the parties dated July 11, 2013 ("Agreement") and further amended by Amendment No. 1 dated July 16, 2015 and further amended by Amendment No. 2 dated June 22, 2016. The Parties agree as follows: 1. Pursuant to Section 3.1.1 of the Agreement, the Scope of Services is hereby amended as set forth in the attached Exhibit "A". 2. Pursuant to. Section 3.3.1 of the Agreement; the Compensation is hereby amended as set forth in the attached Exhibit "C". 3. All terms and provisions of the Agreement not amended by this Amendment No. 3 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 3 on,the date.set forth below. CITY OF ARCADIA _ CALIFORNIA WATERSHED ENGINEERING B — y . f� i- B \_f e Vsz By: '�"inic La -retto y C GO C'� City Manager Title:Title: / P Y��` Pa Dated: /t•% , Dated: t 1 ''T 2c:I , . 1 ATTEST: By: Title: G C_.( -1 o,r-( \11-011 C rk . I Dated: . 11 /q/2_01(e) APPROVED AS TO.FORM: CONCUR: ,, SqAdtl. ir. Stephen P. Deitsch m Tait City Attorney Public Works Services Director Exhibit "A" SCOPE OF SERVICES Scope of Services shall be amended to include the following services, but is not limited to the following tasks: In order to protect receiving water quality, 2012 MS4 Permittees undertook conservative Reasonable Assurance Analyses (RAAs) and developed WMP and EWMP plans proposing extraordinarily expensive new water quality protection measures. Subsequent formal LARWQCB Executive Officer approval of more than twenty divergent, similarly costly, WMP and EWMP plans reinforced the enormous economic impact of the 2012 MS4 Permit. mandated objectives and requirements. While some agencies debate WMP implementation schedules and the legality of a multi-decade planning document, the RH/SGR WQG members and LARWQCB outlined development of a revised EWMP plan, emphasizing affordable multiple benefit.projects. Consultant responds to that outline by recognizing that existing facilities can provide these benefits, if operated differently and protected from future substantive pollutant loads using cost-effective pretreatment Best Management Practices (BMPs) and Watershed Control Measures (WCMs). Peck Road Water Conservation Park Lake (Peck Lake) receives runoff from approximately forty percent of the total RH/SGR WQG area and consultant believes that this percentage may be increased to more than fifty percent through innovative engineering design. However, Peck Lake sediments are purportedly impaired for nutrients and legacy organochlorine compounds, resulting in the development of United States Environmental Protection Agency (USEPA) Total Maximum Daily Loads (TMDLs). Despite the impairment, the lake remains critically important for recharging storm runoff into the regional groundwater basin. Starting with LACFCD and Department of Public Works (DPW) stream and rain gage data, consultant shall re-evaluate the hydrology and hydraulic characteristics of key facilities that are within or adjacent to the WQG area, such as Peck Lake. Then conceptualize operational decisions, choices, and projects that would encourage local runoff conservation and more formally document and articulate the hydraulic disconnect of the WQG from downstream watershed impairments. This would allow the RH/SGR WQG to advocate for plausible local "downstream solution" alternatives that protect Peck Lake, and other facilities, from pollutant discharges, while still allowing for continued groundwater recharge and the protection of existing beneficial use recreational opportunities from•being starved of source water. Other exemplar"wing" project concepts to support recharge at Peck Lake include: > Diversion pump station from Arcadia Wash to Peck Lake Concept Design; > Optimization of retention and detention in the Lower Bradbury Channel ; ➢ Conversion of mineral resource facilities, such as Manning (Gravel) Pit, to higher value uses; and ➢ Better coordination of beneficial uses among multiple facilities such as Irwindale Spreading Grounds and Manning Pit, or Lower Bradbury Channel and the Santa Fe Dam Spreading Grounds. • After'Securing improved runoff capture at existing facilities, such as Peck Lake and the "wing" locations, implementation of EWMP designated high priority projects, such as Recreation and Sierra Vista Park cisterns and distributed green streets, can be deferred pending the analysis and assessment of pollutant capture effectiveness based on recently initiated CIMP water and sediment quality monitoring. Likewise, subsequent RAAs would better model local runoff capture and reuse, rather than guessing at the operational management decisions and integration of comingled flows miles downstream and far beyond the control of the conformed RH/SGR WQG agencies. Task 1 -Analyze Existing Facility Flow and Operational Data The development of local financial support, for conceptualized implementation projects, will benefit from demonstrating a nexus between investing in local storm water runoff capture and retention and the increasing desperate need to recharge dwindling groundwater supplies and recreational opportunities. Peck Lake provides such runoff detention and groundwater recharge services, which might also be supplemented by diverting flows to other nearby construction materials (mineral) extraction facilities. The consultant shall procure and analyze available operational reports and existing data for ten stations, collected by Los Angeles County and the U.S. Army Corps of Engineers, related to stream flow or rainfall into, or out of, Peck Lake, Bradbury Channel, Santa Fe Dam, Arcadia Wash and the confluence of Little and Big Dalton Washes in the San Gabriel River Watershed. This would be analyzed to better understand short-duration (typically 5 minute increment) flows, rather than daily statistics typically used in RAA studies. Among the significant objectives of this analysis would be the assessment of: > Discharge and/or water surface elevational data critical to operation of Peck Lake. > Discharge and/or water surface elevational data critical to operation of Santa Fe Dam. > Stream flow characteristics into Peck Lake to size conveyance and pretreatment facilities. > Stream flow characteristics for Arcadia Wash, above Rio Hondo Reach 3, to better define the range of potential dry and wet-weather diversion opportunities. > Stream flow characteristics for Bradbury Channel, to develop a detention/retention analysis. > Stream or retention facility diversion flow characteristics in the San Gabriel River Watershed, near the City of Azusa and Los Angeles County Unincorporated Areas. > Other time series numeric analyses for facilities or gages of important to the conceptualization of new BMP/WCM retention facilities based on discussions with WQG Permittees, LARWQCB staff, or the Main San Gabriel Valley Water Master. Deliverable: Consultant shall statistically analyze and summarize flow characteristics for up to ten (10) stream gage stations, or similar time series data sources, pertinent to characterizing potential design, regulatory, and modeling characteristics of importance to future RH/SGR WGQ EWMPs. Task 2— Regional Project Pretreatment Feasibility Analysis Consultant shall prepare a feasibility study to assess potential pretreatment alternatives, near Peck Lake, that maximize sediment, and sediment borne pollutant, retention, while conveying purified runoff water flows into Peck Lake for infiltration, groundwater recharge, or subsequent diversion to other water conservation facilities. Additional potential consolidated pretreatment facilities or similar operational characteristics and within the Group's boundary, will be identified to capture runoff volumes not accommodated in the Peck Lake facility or within other drainages not tributary to this receiving water body. For WQG agreed upon selected location obtain applicable permits, utility record searches, and infiltration testing to provide additional support and proof of concept level project feasibility. As a strawman concept, CWE shall offer the tiered multi-cell subsurface wetland concept shown in Figure 1. During extended dry-weather periods, runoff flows would be diverted from concrete lined sections of Sawpit, Santa Anita, potentially Arcadia Washes, or Peck Lake, and discharged through a subsurface distribution manifold along the east side of the active wetland cells to maintain vegetation vigor, retain nutrients and uptake water borne pollutants. Retention within the wetland cells would be used to balance variable inflow volumes against infiltration losses below the wetland, evapotranspiration above the wetland, and drainage. Clarified subsurface discharges would be collected in an oversized channel along the west side of the wetland cells and drain south to Peck Lake. If dry-weather urban runoff volumes continue to decrease due to conservation, a smaller recirculation line from the lake could be constructed as part of the proposed Los Angeles County water diversion and conservation pump station project, which may benefit in the reduction of water column nutrient impairments in Peck Lake. The distribution manifold and collection drain would be constructed to maintain water levels below the wetland surface, prevent vector development, and isolate the individual wetland cells to allow drying of the surficial vegetation and accumulated sediments, to facilitate maintenance related removal. • ~ +Y I A" . -N, +.1 -°, ... .-\4- °-2A Ir t mo1.a;r- r Y :.y.. --- N: i t' 1 ` -- In6a -:UM -Y s' y e, - - ,Y. _ 4, �a r a t. l ,S ,/ 'LV r .+• i1 .j�it��y�,'', T,j�d6' •,..-f 4i�'-�r �r. y "p°l/i'"m F lia .~ . if i i �•/ r; �Y,.*Yet n \° M` i t )°' • 0': iyr "j �„,_ YID ..,, ,J *S i . v.,_ .r 14'''1,,::+.e _ sa Ts " ,/►A Y-b. - I ' �� t VI twcr� yyr��t}'...tp ,.a ,i r -.4• 4.-?�+t+�t ir■'. �. RXt�fr:se:4 A�� 3 j �,F•' �r 3S`A • atx:f_-Y�p`t. ri?''r.... f�/*',---,7 fT •-. ...„ i i ,,v Y l� �%ti;04's;. F f S £ y ^J1",.y, -c'-'4`gn�r'''ice. r� 7 4.;171:77 a,_ { y 7 ` . I„ 1 'I" i' '' .--r . ty.. '' - - . / C'' F i 1✓`-4rat ' wZl-Y�.ti ;::: . :::41% �{/�(]p- `aSLtbwru'Q ti� j •'. . 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While some stormwater would be retained within the cells, or filter through the wetland subsurface to the east collection channel, the majority would sequentially drain south over the surface and through the emergent vegetation of the tiered wetland cells; resulting in the retention of sediments and attached pollutants. Clarified runoff would then be collected along the south side of Cell 3 and flow east back into Sawpit Wash and Peck Lake, where infiltration and groundwater recharge would occur. Annually, after the spring nesting season, one of the three wetland cells would be taken out of service, dried over the summer, and surficial vegetation and sediments harvested during August, while preserving the tuberous subsurface root system. Once the cell is returned to active use, emergent vegetation should rise through the reticulated support matrix surface and within two months be ready to withstand the coming winter storms. Having three wetland cells would encourage consumptive use of dry-weather runoff, inflow of summer thunderstorms, or delayed emergent growth in cells undergoing maintenance. If the Strawman location, under an existing automotive part recycling facility, is found to be unsuitable, a similar alternative could be considered for the east side of Sawpit Wash, based on the interpretation of land use conditions in agreements between the City of Monrovia and the material resource company(ies). Since it is unclear that a similar over/under wetland design has been evaluated or constructed elsewhere, the feasibility task includes research to develop reasonably projectable flow, sedimentation, and pollutant retention potentials, based on comparable BMP and wastewater applications. Bracketed operational objectives would need to be developed, with regulatory input, so that agreed upon performance expectations can be utilized in the development of performance, design, and RAA criteria. A follow on pilot study should also be planned as a future work effort that is beyond the scope of this proposal. Once the feasibility of a regional project approach can be confidently identified, CWE will clearly define the proposed alternative regional project approach in an effort to secure LARWQCB support; along with that of locally relevant Non-Governmental Organization (NGOs) if Optional Task A is included. Two (2) drafts and one (1) final Technical Memorandum (TM) will be prepared identifying the following criteria: • Alternative proposed pretreatment and infiltration project concept locations > Tributary drainage areas and necessary ancillary facilities (pump stations, diversion lines) > Design treatment capture, infiltration, and flow through water volumes > Research related to wetland concept and design criteria > Preliminary Operation and Maintenance (O&M) assumptions and annual cost estimates > Multi-benefit natural resource and recreation features or attributes > Concept level design and construction costs > Proposed implementation schedule with consideration of regulatory authorities > Event characteristics likely to produce cascading flows from Peck Lake > Geotechnical, utility search, and infiltration rate study results > Draft Peck Lake watershed RAA incorporating pretreatment and infiltration facility assumptions Deliverable: Consultant shall produce two (2) Draft Regional Pretreatment Facility Feasibility Analysis TMs and one (1) Final TM Report including soil testing, utility search, and infiltration study results. Task 3—Reasonable Assurance Analysis to Demonstrate Compliance Along with those submitted by other watershed groups, the utility of the LARWQCB-approved EWMP was compromised, by being unable to functionally distinguish between the impact on downstream receiving water quality objectives from compliant and non-compliant discharges. In other words, MS4 discharges that rarely reach receiving water should warrant a lower implementation priority than runoff which frequently contributes. Similarly the Basin Plan allows that some beneficial uses, such as Wetland (WET) may accommodate the "infiltration and purification of naturally occurring contaminants." This is especially true for the RH/SGR WQG, and areas immediately downstream, where active iterative management for water conservation distorts RAA model results and assumptions. Based on design and operational constraint assumptions and data developed in Tasks 1 and 2, with input from regulatory staff and upper watershed management agencies, CWE shall first analyze and demonstrate the isolation, or hydraulic discontinuity, of areas above Peck Road Park Dam along with similar drainage conveyance, capture, and infiltration facilities such as Santa Fe Dam and the Lower Bradbury Channel. A traditional RAA, and determination of daily pollutant loadings, would be unnecessary for this analysis, as its intent is to better understand and define patterns of water conveyance under anticipated operational scenarios. Furthermore, in some areas the analysis may benefit from a simple alteration of hydraulic characteristics. For example, assuming the Lower Bradbury functions as a detention basin above existing underutilized spreading grounds, then the frequency of cascading flows can be reduced by simply enlarging the diversion conveyance capacity to those spreading grounds, perhaps with the inclusion of additional peak flow automation controls to address the rare event when the diversion might not be accommodated. If flows are pumped from Arcadia Wash to Peck Lake, the impact of larger pumps could be analyzed. Following the analysis of hydraulic discontinuity in a simple catchment to establish guidance rules, CWE shall conduct an RAA specific to the Peck Lake watershed, incorporating the proposed pre-treatment wetland facility and modeling to retain runoff within Peck Lake for groundwater recharge while providing hydraulic discontinuity from downstream drainage conveyances and impairments. This supports most existing limitations, since the wet-weather bacteria TMDL includes suspension of Water Quality Objective during Allowable Exceedance Days (AED) and High-Flow Suspension (HFS) conditions, while settlement and retention of sediment in the wetland, along with the Board-approved Water Effects Ratio (WER) and lead recalculation Site Specific Objectives (SSO) are anticipated to address metal pollutant discharges. Remaining pollutant loads, within the Peck Lake watershed, would be controlled using BMPs previously identified in the LARWQCB EO-approved EWMP; however, the following reprioritization task would likely defer their implementation until monitoring can demonstrate the functional effectiveness of the paired pretreatment and lake capture based groundwater recharge opportunity. Analysis of other areas of the RH/SGR WQG area, which were performed during preparation of the approved EWMP, would only be reanalyzed as necessary to address new partially effective flow and load reduction proposals. Deliverable: Consultant shall produce Hydrologic and Hydraulic analyses to characterize or demonstrate partial and full hydraulic discontinuity of the RH/SGR area from downstream conveyances and impairments. Watershed Management Modeling System (WMMS) based RAA models, similar in content to those previously reviewed and approved of by LARWQCB staff, however including baseline and proposed Peck Lake Watershed, and other similarly modified catchment areas, with milestone implementation and TMDL compliance dates pollutant load analyses. Task 4— Reprioritization for EWMP Regional Projects While dependent on the confirmation of assumptions and results developed during earlier tasks, the RAA will provide valuable insights to support the reprioritization of catchment and the EWMP identified projects they contain. As an example if the Lower Bradbury Channel functions as detention basin for most flow events, than the assumed benefit of the eastern Royal Oaks Trail project drops substantially. If Peck Dam provides isolation and the strawman pretreatment wetland allows the beneficial use of the lake for groundwater recharge, then the Recreation and Sierra Vista Park projects could be deferred until wetland construction is completed and its efficacy demonstrated through CIMP based water quality and sediment monitoring. In order to streamline efforts, reduce exorbitant EWMP project implementation costs, and provide realistic implementation schedules for water quality enhancement throughout the watershed, consultant shall evaluate opportunities to reduce the total number of proposed regional projects and green streets. 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'C7�' .~ 47.-14k''4'‘'."). -.rye,.: eiY $ -I _f.. ti �. rxe. t_ ,, Figure 2 Hypothetical Arcadia Wash Diversion Concept The consultant shall focus on an analysis of implementation strategies for Peck Lake, which is extensively managed by RH/SGR WQG Permittees. However, a similar analysis could be undertaken for Santa Fe Dam, which is operated by the U.S. Army Corps of Engineers, or the Irwindale Spreading Ground and Manning Mineral Resources Pit Facilities that are within an adjacent EWMP Group. In the latter case, several WMP and EWMP groups, that include Los Angeles County agencies, could benefit from a concept feasibility analysis. Once the current Peck Lake strategy has been vetted with the Permittees and LARWQCB, consultant shall perform a similar feasibility analysis within the San Gabriel River portion of the WQG area, assuming that operational information can be developed with the assistance of the agencies responsible for facility operation and their future development. No geotechnical, utility, or infiltration studies would be conducted until such time as pilot or full scale over/under wetland effectiveness has been assessed, and the project concepts further defined with the operationally responsible agencies. These effectiveness criteria are not anticipated to be met within the current proposal scope of work. Deliverable: Consultant shall revise or amend EWMP or Adaptive Management Process Chapter or attachment, proposing new EWMP Regional Project implementation priorities, planning schedules, and interim milestone dates based on pollutant and flow priorities. Task 5— RH/SGR WQC and LARWQCB Meetings While preparation of the original LARWQCB-approved EWMP stretched over 40 months, this project is anticipated to be substantially complete prior to submission of the Report of Waste Discharge (ROWD) on June 28, 2017; however, a similar number of client and regulatory meetings will likely be necessary. Consultant shall meet with LARWQCB staff on a monthly basis requiring ten (10) meetings, while fifteen (15) client meetings are anticipated to occur mostly at the midway point between monthly Board meetings and including additional opportunities to summarize and discuss important technical findings. Meetings related to RAA assumptions, criteria, and narrow technical issues may be separated from broader regulatory policy and permit interpretation meetings, so that the appropriate participants and agency staff are present, and the time of others not wasted on issues where little impact will be provided. Consultant shall hold an early November kickoff meeting to outline and resolve potential issues that might slow progress, following change order issuance and receipt of the Notice to Proceed (NTP). During this meeting, the approach will be summarized and the scope of work tasks discussed so that Group preferences and reservations identified and further characterized. Understanding issues is the key to resolving them before they can become problems. This meeting will provide the foundation for communication and an opportunity for CWE to gain an understanding of Group expectations and concerns regarding the tasks identified in this proposal Scope of Work. Draft meeting agenda will be prepared and distributed two days prior to meeting dates, sign-in sheets distributed during the meetings, and a brief meeting summaries drafted within two days following each meeting. Consultant staff shall facilitate discussion and resolution of the important meeting topics while allowing for productive consideration of alternative concepts. Issues beyond resolution and overly speculative will be identified as such, and tabled, in order that progress may continue on the project as a whole. This is anticipated to include the construction of inter-watershed water conservation systems and sediment removal schemes that will be undertaken by groups other than the RH/SGR WQG as a whole. Deliverable: Electronic agenda, completed sign-in sheets, and meeting summaries shall be prepared by consultant and provided to the RH/SGR WQG lead, then retained in the consultant's project files for at least three years. Task 6—Adaptive Management Process/EWMP Plan Amendment The 2012 MS4 Permit, which was subsequently amended and released on July 1, 2015, anticipated that modification of an approved EWMP might occur through several potential and possibly overlapping methods, including: Annual Report submission, the Adaptive.Management Process (AMP), Comprehensive Alternating Year EWMP Evaluation, EWMP redevelopment in 2021, and CWE further suggests that the ROWD may provide another potential mechanism for EWMP revision. CWE shall assist the WQG and LARWQCB in determining the least intrusive method, with the exception of complete EWMP and RAA revision, whereby the proposed modifications and analyses can be considered by Board staff while still fulfilling required intrusive permit conditions that might otherwise be imposed on the WQG. Our expectation is that the AMP can be used to characterize the nature of the revisions contemplated in this proposal and the ROWD a vehicle for providing a rationale for deviating from Permit requirements, by allowing existing ongoing beneficial uses to conserve runoff water, when protected by pretreatment. Deliverable: Consultant shall produce an EWMP, AMP, or ROWD chapter, attachment, or amendment that explains how the proposed regional project achieves WQG and LARWQCB water conservation and pollution prevention goals and objectives as identified for EWMPs in the 2012 MS4 Permit. Task 7— Project Management Project management includes client communication, staff chartering, project coordination, schedule and budget tracking, and invoicing. Consultant shall proactively engage the RH/SGR WQG with timely and concise result-driven communications that will facilitate progress in a productive and timely manner. Challenges with intra and inter agency coordination, permitting, document exchange, and outreach, will be initially conveyed the WQG Project Manager, the agency representative to the WQG, the WQG Technical Committee and finally the WQG Steering Committee, if necessary. Deliverable: Consultant shall produce schedule updates and monthly, or quarterly, invoices whose frequency will be correlated with the volume of work effort expended and anticipated invoice magnitude. Task 8—Geotechnical Evaluation Consultant team.shall bore up to 68 borings, at up to six proposed project sites, using a hollow stem auger drill rig that will extend to depths of up to 60 feet. Once the proposed locations for drilling have been identified, the number of tests to be conducted at each project site will be proposed based on the methods and guidelines of the LACDPW, but may be reduced if access is not granted by the land owner, or if the guidelines exceed the maximum of sixty eighty (68) borings proposed. Percolation tests depths will be determined based on an evaluation of preliminary project concepts and depths of MS4 infrastructure from which the projects will divert from. Test samples will be collected during drilling in general accordance with the appropriate American Society for Testing and Materials (ASTM) methods. Standard Penetration Testing (SPT) and sampling using standard split-spoon or Modified California samplers will be performed at approximately 2.5-foot intervals for the upper ten feet below ground surface followed by samples at 5-foot intervals to the maximum depths drilled. Bulk samples will be collected for the upper soils encountered in each boring. In addition, we will observe and record • groundwater levels during and after drilling. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to the laboratory. Consultant shall contact Underground Services Alert for the location of utilities within the public right-of-way. The CWE team assumes that no drilling permits or traffic control will be required to perform our field services within the parks and all permits will be issued by the respective City(ies) at no cost. We assume that drilling permits will be required for borings associated with the LADWP Easement project. If traffic control is needed, setup will conform to the Work Area Traffic Control Handbook (WATCH). The samples will be tested in the laboratory to determine physical engineering characteristics. The findings will be summarized in a geotechnical report, which will include subsurface exploration procedures, soil conditions encountered, site preparation/earthwork recommendations, foundation recommendations for subsurface structures, trench construction recommendations, lateral earth pressures, boring logs, groundwater levels, infiltration rates and recommended factors of safety, and drainage recommendations. Deliverable:. Consultant shall produce one (1) Draft and one (1) Final Geotechnical Reports, in electronic (PDF) format. Task 9—Stakeholder Outreach Meetings The 2012 MS4 Permit requires significant Stakeholder outreach, which was completed during preparation of the approved EWMP. To the degree that the LARWQCB considers this project a significant revision of the approved EWMP, they may also direct additional outreach efforts. Consultant shall host, at a location provided by the WQG, up to three (3) meetings to identify projects objectives, limitations, and facilitate the identification of reasonable and achievable mitigation strategies that might then be incorporated into discussions with the LARWQCB and other deliverable products anticipated in this proposal. Deliverable: Consultant shall produce facilitation services for up to three (3) stakeholder or stakeholder and LARWQCB meetings, including agenda, sign-in sheets, PowerPoint presentation, and summaries. Task 10— Develop MS4 Permit Compliance Assessment The 2012 MS4 Permit was amended on July 1, 2015, again in September 8, 2016, a new Annual Reporting format was distributed this summer, and the LARWQCB is likely to partially assessed permit compliance based on progressive implementation of the most recent EWMP and CIMP revisions. The WQG currently consists of eight agencies; however there has been recent discussion regarding potential new partners and the realignment of WQG Permittees. As it has become difficult for WQG members to integrate, and respond with a coordinated voice, to these evolving documents and programs. Consultant shall review the relevant regulatory documents and prepare a summary compliance assessment or checklist to facilitate implementation and WQG progress in achieving shared regulatory and water quality objectives. Deliverable: Consultant shall prepare a compliance assessment checklist to facilitate Permittee staff in cost-effectively prioritizing the implementation of 2012 MS4 Permit and other associated requirements. Task 11 —Incorporation of Board EWMP Comments On April 1, 2016, the LARWQCB provided comments and requested edits that needed to be incorporated by April 14, 2016, so that the LARWQCB Executive Officer could approve of the RH/SGR WQG EWMP by the MS4 Permit deadline of April 28, 2016. While these corrections were completed and EWMP approved, other documents are now in conflict with portions of the EWMP and must be reconciled to coordinate with the approved EWMP. Consultant shall review the CIMP and LARWQCB Board notices, then provide recommendations on how to effectively reconcile the discrepancies, so that they may be incorporated in the Report of Waste Discharge (ROWD) to be submitted to the LARWQCB by June 28, 2017. Deliverable: An informal summary of conflicts and discrepancies among 2012 MS4 Permit regulatory documents that could be utilized in ROWD development and submission. • Exhibit "C" COMPENSATION Compensation shall be based on time and materials spent in accordance with the following tasks, not to exceed the total compensation listed: Development & Enhanced Watershed Management Program Planning Services $790,537.00 Amendment to Enhanced Watershed Management $521,682.50 Program Planning Services Total Compensation: $1,312,219.50 The total compensation shall not exceed the total listed without written authorization in accordance with Section 3.3.1 of this Agreement. (See attached fee breakdown). Fee To our knowledge, this proposed work plan is unique in analyzing how to cost-effectively utilize a highly modified and already impaired lacustrine receiving water body to continue providing a critically important groundwater recharge beneficial use, by implementing a uniquely designed pretreatment wetland. The LARWQCB, and their staff, have publically shared their support for the broad concept contemplated in this proposal, without fundamentally characterizing and memorializing a process that would reduce the unknowns and protect local Permittees and their consultants from unanticipated costs. In the following budget summary table, CWE proposes a Task Level of Effort fee estimate, to support the proposed scope of work. Some tasks, such as meetings, may be reduced or diverted by the WQG to support alternative analyses or work efforts; however, both the WQG and CWE will have to remain focused on "must have" study needs and avoid unproductive "wants" and "what if" analyses, that slows the project schedule and unjustifiably consume budget. CWE's consistent goal is to provide our client with an implementable and useful final work product, rather than generate wasteful change order requests driven by unproductive re-analyses. This budget reflects our intent to provide high quality innovative services to the RH/SGR WQG. As in the past, we welcome the opportunity to narrow the scope of work and budget with you, to better reflect the Group's perception of relative level of effort associated with each of the proposal tasks. Task 1—Analyze Existing Facility Flow and Operational Data $27,950.00 Task 2—Regional Project Pretreatment Feasibility Analysis $64,600.00 Task 3—Reasonable Assurance Analysis to Demonstrate Compliance $68,800.00 Task 4—Analysis and Reprioritization for EWMP Regional Projects $57,500.00 Task 5—RH/SGRWQC and LARWQCB Meetings $46,600.00 Task 6—Adaptive Management Process/EWMP Plan Amendment $38,700.00 Task 7—Project Management $28,800.00 Task 8—Geotechnical Evaluations $100,000.00 Task 9—Stakeholder Outreach Meetings Supplemental Fee $14,6000.00 Task 10—Develop Permit Compliance Assessment Form $15,000.00 Task 11—Incorporation of Board EWMP Comments $7,000.00 Contingency $52,132.50 Total Fee For Primary Proposal Scope of Work Tasks $521,682.50 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING THE DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM PLAN FOR THE RIO HONDO /SAN GABRIEL RIVER WATER QUALITY GROUP 1. PARTIES AND DATE. This Agreement is made and entered into this eclay of 2013 by and between the City of Arcadia, a charter city organized under the konstitution and laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 -6021 ( "City ") and California Watershed Engineering (CWE), a California Corporation, with its principal place of business at 1561 E. Orangethorpe Avenue, Suite 240, Fullerton, CA 92831 ( "Consultant "). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing development of enhanced watershed management program planning services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the development of the Enhanced Watershed Management Program Plan for the Rio Hondo /San Gabriel River Water Quality Group ( "Project ") as set forth in this Agreement. 2.3 Memorandum of Understanding A Memorandum of Understanding ( "MOU ") was made and entered into by and between the Los Angeles County Flood Control District, the County of Los Angeles, the City, and the Cities of Azuza, Bradbury, Duarte, Monrovia, and Sierra Madre (collectively referred to herein as "MOU Participating Agencies" or individually as "MOU Participating Agency ") on May 21, 2013 regarding the administration and cost sharing for development of the enhanced watershed management program for the Rio Hondo/ San Gabriel River Water Quality Group's Watershed. In accordance with the MOU, City is acting as the contract administrator on behalf of the MOU Participating Agencies. Revised 04/13 24347.00400 \7931425.1 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional development and program planning consulting services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from date of execution to June 30, 2015, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the prior written approval of City. Revised 04/13 24347.00400 \7931425.1 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon prior written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Jason Pereira, Principal. 3.2.5 City's Representative. The City hereby designates Tom Tait, Public Works Services Director, or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Jason Pereira, Principal, or his or her designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- Revised 04/13 24347.00400 \7931425.1 3 consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, and employees free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9.1 Immigration Reform and Control Act. Consultant acknowledges that Consultant, and all subcontractors hired by Consultant to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA "). Consultant is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Consultant to perform services under this Agreement are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City, its directors, officials, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Consultant's employees, or the employees of any subcontractor hired by Consultant, are not authorized to work in the United States for Consultant or its subcontractor and /or any other claims based upon alleged IRCA violations committed by Consultant or Consultant's subcontractor(s). 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that 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 provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section; provided, however, that in lieu thereof, the Consultant may provide evidence to the City that all subcontractors are additional insureds under the Consultant's policies of insurance. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, Revised 04,13 24347.00400 \7931425.1 4 representatives, employees, subcontractors and volunteers. Consultant shall also name and obtain insurer's consent to naming the MOU Participating Agencies, their directors, officials, officers, and employees as an additional insured with proof of certificate of insurance that they are an additional insured. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be when commercially available (occurrence based) at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage for premises and operations, contractual liability, personal injury, bodily injury, independent contractors, broadform property damage, explosion, collapse, and underground, products and completed operations; (2) Automobile Liability: Insurance Services Office Business Auto coverage for any auto owned, leased, hired, and borrowed by Consultant or for which Consultant is responsible; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The MOU Participating Agencies, their directors, officials, officers, and employees shall be listed as additional insured. Any deductibles or self- insured retentions must be declared to and approved by City and conform to the requirements provided in Section 3.2.10.6 herein. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, with an aggregate limit of $1,000,000. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement /location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub - consultants to procure and maintain, for a period of three (3) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: Revised 04/13 24347.00400 \7931425.1 5 (A) General Liability. The general liability policy shall be endorsed to state that: (1) the MOU Participating Agencies, their directors, officials, officers, and employees shall be covered as additional insured with respect to liability arising out of Services operations and for completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the MOU Participating Agencies, their directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained by the MOU Participating Agencies, their directors, officials, officers, employees and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the MOU Participating Agencies, their directors, officials, officers, and employees shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the MOU Participating Agencies, their directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained by the MOU Participating Agencies, their directors, officials, officers, and employees shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the MOU Participating Agencies, their directors, officials, officers, and employees for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested of cancellation, of intended non - renewal or endorsement reduction in limit or scope of coverage; provided, however, that in the event of cancellation due solely to non - payment of premium, ten (10) days notice of cancellation for non - payment of premium may instead be given to the City.; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the MOU Participating Agencies, their directors, officials, officers, and employees. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the Revised 04/13 24347.00400 \7931425.1 6 scope of protection afforded to the MOU Participating Agencies, their directors, officials, officers, and employees. 3.2.10.6 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the MOU Participating Agencies, their directors, officials, officers, and employees; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, admitted or approved to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with complete and accurate copies of current certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. Copies of all certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.10.9 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.10.10 Material Breach. Lack of insurance does not negate Consultant's obligations under this Agreement. Maintenance of proper insurance coverage is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of the Agreement. Revised 04/13 24347.00400 \7931425.1 7 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including reimbursements which receive the City's prior written authorization, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed SEVEN HUNDRED NINETY THOUSAND, FIVE HUNDRED AND THIRTY -SEVEN DOLLARS AND NO CENTS, ($790,537), without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty -five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless prior written authorization is obtained from the City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. Revised 04/13 24347.00400 \7931425.1 8 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. A termination without cause by City shall not act as or be deemed a waiver of any potential known or unknown City claims associated with Consultant's performance prior to the date of termination. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: City: California Watershed Engineering (CWE) 1561 E. Orangethorpe Avenue, Suite 240 Fullerton, CA 92831 Attn: Jason Pereira, Principal City of Arcadia 240 West Huntington drive Arcadia, CA 91007 Attn: Vanessa Hevener, Environmental Officer Such notice shall be deemed made when personally delivered or when mailed, forty - eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Revised 04/13 24347.00400 \7931425.1 9 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. Except as otherwise required by California law, all ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Indemnification. 3.5.5.1 To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, the Los Angeles County Flood Control District, the County of Los Angeles, the Cities of Azuza, Bradbury, Duarte, Monrovia, and Sierra Madre, and each of their directors, officials, officers, and employees (each a WOU Participating Agency ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or Revised 04/13 24347.00400 \7931425.1 10 persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's 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 shall defend with Legal Counsel of City's choosing, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against a MOU Participating Agency, its directors, officials, officers, and employees. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against a MOU Participating Agency or its directors, officials, officers, and employees, in any such suit, action or other legal proceeding arising from Consultant's performance of the Services, the Project or this Agreement; except to the extent that liability is caused by the active negligence or willful misconduct by a MOU Participating Agency or its directors, officials, officers, and employees. Consultant shall reimburse a MOU Participating Agency and its directors, officials, officers, and employees, 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 a MOU Participating Agency, its directors, officials, officers, and employees, and shall take effect immediately upon execution of this Agreement. 3.5.5.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against a MOU Participating Agency, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Consultant has been named in the claim or lawsuit. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.7 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. Revised 04/13 24347.00400 \7931425.1 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, and employees except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 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 Revised 04/13 24347.00400 \7931425.1 12 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 member, 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. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation or age. 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein are hereby incorporated into this Agreement by this reference. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Revised 04113 24347.00400 \7931425.1 13 In witness whereof the Parties have executed this Professional Services Agreement on the date set forth below. CITY OF ARCADIA Dominic Lazzare City Manager `.5�%--\ <5 , �2DI-� Date ATTEST: I � , APPROVED AS TO FORM: S ep n P. Deets 1 City Attorney Revised 04/13 24347.00400 \7931425.1 CALIFORNIA WATERSHED ENGINEERING 14 By \( F��b Signature \l I K aorPN A ) c--c-0' jpPW 1 #AL Print Name and Title 61 i � 1201'b Date By Fhature WN - Ef Print Name and Title Date CONCUR: Tom Ta t Public Works Services Director EXHIBIT "A" SCOPE OF SERVICES 1.0 Background The National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit (MS4 Permit) Order No. R4- 2012 -0175 establishes the waste discharge requirements for stormwater and nonstormwater discharges within the watersheds of Los Angeles County. This MS4 Permit was adopted by the California Regional Water Quality Control Board, Los Angeles Region (Regional Board), on November 8, 2012, and became effective on December 28, 2012. The MS4 Permit and all attachments are posted on the Regional Board's website at the following address: http:// www. waterboards .ca.gov /losangeles /waterissues /programs /stormwater /municipal/ index.shtml The MS4 Permit includes provisions that allow permittees the flexibility to customize their stormwater programs to achieve compliance with certain receiving water limitations and water quality based effluent limits over time. Specifically, permittees may voluntarily choose to implement a Watershed Management Program (WMP) or an Enhanced Watershed Management Program (EWMP). Both the WMP and the EWMP include prioritization of water - quality issues, identification of implementation strategies, control measures, and Best Management Practices (BMPs) sufficient to meet pertinent standards, integrated water - quality monitoring, and opportunity for stakeholder input. The two alternatives differ in that while the WMP focuses exclusively on water - quality improvement, the EWMP uses integrated planning to comprehensively evaluate opportunities to implement multi- benefit regional projects. Through the EWMP, permittees will not only implement projects to improve water quality, but also have incentives to evaluate and, where feasible, implement regional projects that retain all nonstormwater runoff and all stormwater runoff from the 85th percentile, 24 -hour storm event for the drainage area tributary to those projects. These projects may also achieve other benefits such as flood protection, water supply enhancement, recreational opportunities, and wildlife habitat enhancement. 24347.00400 \7931425.1 A -1 The following permittees are entering into a Memorandum of Understanding to jointly develop an EWMP: • County of Los Angeles Department of Public Works (County) • Los Angeles County Flood Control District (LACFCD) • City of Arcadia • City of Azusa • City of Bradbury • City of Duarte • City of Monrovia • City of San Marino • City of Sierra Madre 2.0 Project Area The Los Angeles and San Gabriel Rivers originate within the mountains of the Angeles National Forest and flow through the San Fernando and San Gabriel Valleys. The rivers extend across urbanized areas and eventually flow into the Los Angeles -Long Beach Harbor and into the Pacific Ocean. The San Gabriel River flows approximately 60 miles, while the Los Angeles River flows for approximately 40 miles. The Rio Hondo River is a tributary of the Los Angeles River that begins at Peck Road Water Conservation Park, which is fed from the Santa Anita Creek and Sawpit Wash. The Rio Hondo empties into the Los Angeles River near Downey. The Rio Hondo and San Gabriel Rivers pass through Whittier Narrows Recreation Area at the southern portion of the San Gabriel Valley where water is impounded by the Whittier Narrows Dam. Both rivers have been highly modified with dams and concrete channels. Several entities discharge into the rivers. This includes; large spreading grounds for water conservation and groundwater recharge, outflows from sewage treatment plants' reclaimed water, and non -point source contributions. Recreational and educational opportunities are planned for the communities along these water bodies. The Emerald Necklace Coalition is planning for a network of trails, bike - paths, parks and green spaces along the Rio Hondo, San Gabriel River and lower portion of the Los Angeles River. The Project Area for the EWMP covers land within the geographical boundaries of the Cities (and County /LACFD) properties indicated above. An addendum will be distributed shortly after the release of this RFP to include a map to show the geographical boundaries of the RH /SGRWQG. Please note, however, that additional watershed and subwatersheds outside of the specified project area will have conditions that must be considered when developing the RH /SGRWQG EWMP. The RH /SGRWQG EWMP will need to be comprised of at least (2) chapters to address the two major watersheds that member agencies have regulatory responsibilities. The project area includes the Upper Rio Hondo Watershed (including Peck Park Lake and Rio Hondo tributaries) which is a tributary of Reach 2 of the Los Angeles River Watershed. The eastern portion of the project area includes the upper San Gabriel 24347.00400 \7931425.1 A -1 River Watershed. The addendum will include percentages that each agency in the RH /SGRWQG is attributed to watersheds. 3.0 Objectives The objective of the consultant contract is to develop an EWMP and a corresponding Coordinated Integrated Monitoring Plan (CIMP) for the RH /SGRWQG. The EWMP shall prioritize water - quality issues and comprehensively evaluate opportunities for multibenefit regional projects and maximize the recharge and capture and reuse of stormwater runoff. Ultimately, the EWMP shall include controls to the maximum extent practicable to ensure that discharges from Permittees' jurisdictions achieve applicable water - quality standards pursuant to the MS4 Permit. 4.0 Task Items The consultant shall be familiar with pertinent MS4 Permit provisions and applicable TMDLs to complete the following work to the satisfaction of the RH /SGRWQG and the Regional Board, and other associated bodies: 4.1 Provide project management and organize and conduct meetings 4.2 Prepare a Final EWMP Work Plan 4.3 Prepare a Coordinated Integrated Monitoring Plan (CIMP) 4.4 Design Project identification (for each watershed) 4.5 Prepare Draft EWMP Plan 4.6 Prepare a Final EWMP Plan (Additive item: Prepare NOI in accordance with all requirements contained within the new permit (Order R4- 2012 -0175) by May 15, 2013. The RH /SGRWQG will provide a template NOI for this purpose.) 5.0 Project Management, Coordination, and Meetings The Consultant shall provide project management services to ensure that all work deliverables are provided on or ahead of schedule and within budget. The consultant shall: 6.0 Provide a detailed schedule to complete all the tasks of this Scope of Work to be approved by the RH /SGRWQG. This schedule shall be updated monthly and provided to the RH /SGRWQG. It is estimated at issuance of this RFP that the total number of regular meetings will be close to 30 monthly meetings plus a total 24347.00400 \7931425.1 A -] of 8 additional regular meetings that would be needed at the beginning and close of the process. Also, it is estimated at issuance of this RFP that the meeting duration would average 1.5 hours, but may be longer for the meetings at the beginning and end of the process. Schedule and prepare agendas and minutes for each regular and special RH /SGRWQG meeting. 6.1 Attend and participate in meetings of the Technical Advisory Committee (TAC), which will be established pursuant to the MS4 Permit to provide input in the development of the EWMP. Consultant should assume that six (6) TAC meetings will occur. 6.2 Attend and lead special meetings with the (RH /SGRWQD) and interested parties to solicit input and feedback on the Draft EWMP Work Plan, Draft CIMP, and Draft EWMP Plan. Consultant should assume that three (3) special meetings will occur. 6.3 Attend and participate in meetings with Regional Board staff and other stakeholders as needed. Consultant should assume that six (6) meetings will occur. 7.0 Enhanced Watershed Management Program (EWMP) Work Plan In consultation with the RH /SGRWQG and TAC, the Consultant shall prepare interim technical memos, a draft Work Plan and a final EWMP Work Plan. The consultant shall perform, at minimum, the following activities: 7.1 Organize the Work Plan, draft EWMP, and final EWMP into two chapters. One chapter that meets the requirements for the Los Angeles River Watershed and associated tributaries (Rio Hondo), and one chapter for the San Gabriel River Watershed and associated tributaries. Organization of final EWMP including the two separate chapters shall be consistent and in compliance with the Los Angeles Regional Water Quality Board's requirements. 7.2 Consultant will need to incorporate the existing and emerging work products from various other individual WMPs, collective WMPs, and other EWMPs as needed to address regional TMDL compliance for members of the RH /SGRWQG. 7.3 Identification of Water Quality Priorities: Consultant shall develop a memorandum characterizing water quality conditions within each WMA, identifying water quality priorities, determining water body - pollutant classifications, and assessing sources. Completion of the memorandum shall include the following: 24347.00400 \7931425.1 A -1 7.3.1 Compile all readily available, relevant, and appropriately collected water quality monitoring datasets containing data collected within at least the last 10 years (January 1, 2002). It is expected that the majority of datasets will be provided by the (RH /SGRWQD) or be available from the Regional Board. Consultant shall establish quality assurance /quality control (QA /QC) criteria and conduct a QA/QC check of the data and identification of the datasets meeting the criteria for use. 7.3.2 Evaluate existing water - quality conditions, including characterization of stormwater and non - stormwater discharges from the MS4 and the receiving water body. The evaluation shall consider existing TMDLs and 303(d) listings as well as available receiving water and outfall data compiled as part of the task above and result in the identification of water - quality issues. 7.3.3 Identify the potential water - quality priorities including applicable water quality based effluent limitations and /or receiving water limitations established pursuant to TMDLs included in the MS4 Permit and 303(d) listings, and other exceedances of receiving water limitations. 7.3.4 Classify water - quality issues resulting from stormwater and nonstormwater discharges to the MS4 and from the MS4 to receiving waters issues as Category 1 (Highest Priority), Category 2 (High Priority), or Category 3 (Medium Priority) as described in the Permit. 7.3.5 Identify which 303(d) listings and other exceedances of receiving water limitations are in the same class as those addressed in a TMDL in the watershed. 7.3.6 Gather available reports and sampling information and research, to identify, evaluate, and prioritize known and suspected stormwater and non - stormwater pollutant sources in discharges to the MS4 and from the MS4 to receiving waters and any other stressors related to MS4 discharges causing or contributing to the highest water - quality priorities (Categories 1 through 3). 7.3.7 Utilize the data compiled as part of the above tasks to complete a source assessment for the water body - pollutant combinations in Categories 1 through 3. 7.4 Summary of Existing and Potential Control Measures: Consultant shall develop a memorandum characterizing existing control measures within the RH /SGRWQG. The summary shall include: 24347.00400'793142 S. I A -1 7.4.1 Compile existing control measures, including minimum control measures, and BMP programs already in effect. Consultant shall develop a template for RH /SGRWQG members to use to summarize existing minimum control measures and identify areas where modification to MCMs may be warranted. Consultant shall compile submitted materials. 7.4.2 Outline a process for determining which MCMs could potentially be modified, how to modify MCMs, and information that may be necessary to support the modifications. 7.4.3 Review existing planning efforts, including TMDL IPs, IRWMPs, etc. provided by the RH /SGRWQG for projects throughout the watershed for possible inclusion in the EWMP. Summarize the regional projects that are proposed in previous planning efforts including location, preliminary design characteristics, and the status of project implementation. Also summarize regional control measures in existing plans that provide multiple benefits and support beneficial reuse, recycling, or recharge of treated stormwater in addition to opportunities to incorporate habitat recreational, and open space. 7.4.4 Review and summarize data regarding performance of regional, distributed structural, and institutional non - structural control measures for reducing stormwater and non - stormwater flows and priority pollutants. Data to be considered will be provided by the RH /SGRWQG will be specific to southern California, and should be analyzed in consideration of applicable receiving water limitations, WQBELs, etc. 7.4.5 Identify a preliminary list of potential regional projects, based on Task 6.2.3, to retain (i) all non - stormwater and (ii) all stormwater runoff of the volume equivalent to the 85th percentile, 24 -hour storm event for the drainage area tributary to the project. 7.4.6 Develop an approach for identifying additional regional projects and evaluating all potential regional projects. Approach should consider focusing on publicly -owned properties as well as private properties with open space (such as large parking lots). Evaluation should consider opportunities for incorporation of multi -use features at potential locations. 7.5 Reasonable Assurance Analysis Approach: Consultant shall develop a to meet the requirements of conducting a Reasonable Assurance Analysis (RAA) to demonstrate that the watershed control measures identified in the EWMP will result in MS4 discharges achieving applicable WQBELs and RWLs per Part VI.C.5.b.iv.(5). Development of the approach shall include the following: 24347.00400 \7931425.1 A -1 7.5.1 Review existing models and determine which updates, if any, are needed to perform the RAA. The review should summarize the pollutants for which models already exist and the modeling period for each pollutant. The review should also evaluate whether the existing models can be used to simulate the effect of BMPs on receiving water quality, or whether additional functionality is needed. Present these recommendations to the RH /SGRWQG. 7.5.2 Outline the proposed modeling process for evaluating and selecting watershed control measures. The types of watershed control measures to be evaluated should be summarized including MCMs and non - structural, distributed structural, and regional /centralized structural controls. Describe the process for representing these watershed control measures in the modeling system and quantifying their effectiveness. Describe how the model will select the watershed control measures that are recommended for implementation via the EWMP. Describe how jurisdictional boundaries will be accounted for when selecting watershed control measures. 7.5.3 Outline the process for demonstrating the effects of to- beimplemented watershed control measures on stormwater quality, non - stormwater quality, and receiving water quality. Describe how the effects of BMPs will be compared to receiving water limitations, TMDL wasteload allocations, WQBELs and other applicable targets at the watershed and jurisdictional scale. 7.5.4 Outline the process for creating a BMP implementation sequence /schedule /timeline based on the model- recommended BMP scenario(s). Consider schedules for watershed control measures that have already been planned, scheduled, and /or implemented by agencies in the watershed or region. 7.6 Prepare Draft and Final EWMP Work Plans: Consultant shall prepare a Draft and Final EWMP Work Plan incorporating the above information and: 7.6.1 Propose approaches to addressing 303(d) listed and non- 303(d) listed receiving water exceedances not addressed by a TMDL in the watershed. 7.6.2 Develop detailed schedule and strategy to complete the EWMP Plan. Additionally, milestones presented in the NOI should be reevaluated to ensure consistency or, if necessary, alternatives shall be proposed for consideration by the Regional Board. 24347.00400 \7931425.1 A -1 7.6.3 Propose a prioritization and sequence to the waterbody pollutant issues. Prioritization shall include TMDLs and other receiving water considerations. 7.6.4 Prepare a Draft EWMP Work Plan with a schedule and strategy to complete the EWMP Plan as described in the MS4 Permit and this Scope of Work. The Consultant shall provide up to 10 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Draft EWMP Work Plan. 7.6.5 Finalize EWMP Work Plan. It is assumed that Consultant will revise the Draft EWMP Work Plan two times. The Consultant shall provide four weeks for review of the initial Draft EWMP Work Plan and two weeks for review of the revised Draft EWMP Work Plan. The Consultant shall provide up to 20 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Final EWMP Work Plan. 7.7 Outreach Specific to EWMP Work Plan Development: Consultant shall conduct up to four meetings specific to EMWP Work Plan Development to perform outreach to community groups, nongovernment organizations, water supply agencies, and other potential project partners and stakeholders to solicit input on the scope and content of the draft Work Plan. 7.8 Review and Validation of EWMP Development Scope and Budget (Task 8): Consultant shall review the Task 8 scope of work and budget estimate to identify whether significant differences exist and, if necessary, propose revisions for consideration by the RH /SGRWQG. Deliverables and Schedule: 1. Draft Memorandum as described in Task 7.3: December 2013 2. Draft Memorandum as described in Task 7.4: December 2013 3. Draft Memorandum as described in Task 7.5.1 December 2013 4. Draft Memorandum as described in Task 47.4.3- 7.4.4: January 2013 5. Draft EWMP Work Plan as described in Task 7.6: April 2014 6. Final EWMP Work Plan as described in Task 7.6: June 2014 7. Draft Memorandum as described in Task 7.8: June 2014 It is expected that one revision will be required of each of the draft memoranda. However, memoranda will not be finalized, per se; rather final versions of the information will be presented in the Draft and Final EWMP Work Plans. Note there is no specific task to revise the Final EWMP Work Plan based on Regional Board comments as it is expected their comments will be received on the Draft EWMP Work. Additionally, comments on the Final EWMP Work Plan can potentially be addressed during EWMP Plan development. 243,471.00400 7931425.1 A -1 8.0 Coordinated Integrated Monitoring Plan (CIMP) The consultant shall prepare interim technical memos, a draft CIMP and a final CIMP. The CIMP shall address all TMDL and Non -TMDL monitoring requirements of the MS4 Permit for all members of the RH /SGRWQG including: • Receiving water monitoring • Stormwater outfall based monitoring • Nonstormwater outfall based monitoring • New development /redevelopment effectiveness tracking • Regional Studies In preparing the CIMP, the consultant shall perform the following activities to meet the requirements of the above - listed monitoring elements: 8.1 Outfall and Receiving Water Monitoring Approach: The Consultant shall develop an approach to meet all of the required monitoring elements and generate a memorandum consisting of the following: 8.1.1 Compilation of GIS layers associated with storm drains, channels, and outfalls. 8.1.2 A summary of all TMDL and MS4 Permit required outfall based, receiving water, and special study monitoring requirements. 8.1.3 A summary of existing programs completed to date and available data. 8.1.4 A storm water outfall based monitoring approach including an estimated number of outfalls necessary to meet the TMDL and MS4 permit requirements. 8.1.5 A non -storm water outfall based screening and monitoring plan including approaches to 1) conducting an inventory of MS4 outfalls, 2) identify outfalls with significant non - stormwater discharges, 3) prioritize source investigations, 4) identify sources of significant non - stormwater discharges, and 5) monitoring of non - stormwater discharges exceeding criteria. 8.1.6 An approach to integrating TMDL and MS4 Permit receiving water monitoring requirements and identification of an estimated number of sites, and general locations, necessary to meet TMDL and MS4 permit requirements. 8.1.7 An approach to integrate, to the extent practicable, the TMDL special study requirements. 24347.00400 \7931425.1 A -1 8.1.8 A discussion of how RH /SGRWQG members plan to participate in the Southern California Stormwater Monitoring Coalition (SMC) Regional Watershed Monitoring Program (bioassessment). 8.2 Site Selection: The Consultant shall develop a memorandum identifying sites to meet the requirements of MS4 Permit outfall and receiving water monitoring and TMDL requirements. The memorandum shall consist of the following: 8.2.1 A summary of field surveys evaluating potential sites, with consideration of all necessary factors including, but not limited to the expected representativeness, accessibility, availability of power as needed and security, to determine the most appropriate monitoring stations for both dry- and wet - weather monitoring. The consultant shall consider existing monitoring stations already used for TMDLs and land use based representative sampling is strongly encouraged. It is acknowledged that dry weather outfall sites may not be identified at this point given the MS4 Permit process for selecting non- stormwater outfall monitoring sites. 8.2.2 A summary of the proposed sites, including the description of factors used in the selection, photographs of the selected sites, and maps showing the sites. 8.3 New Development and Re- development Effectiveness Tracking: The Consultant shall develop a memorandum consisting of the following: 8.3.1 A template for RH /SGRWQG members to use to summarize existing tracking processes. 8.3.2 Reporting and data management protocols. 8.3.3 A system to share the tracking among the permittees in the RH /SGRWQG. 8.4 Draft and Final CIMP: The Consultant shall prepare a Draft and Final CIMP that proposes an optimal and cost - effective monitoring design that meets the intended objectives of the MS Permit, incorporates the above information and: 8.4.1 Describes the sample collection methods, analytical methods, field observation requirements, Toxicity Identification Evaluation (TIE) initiation approach, and QA /QC protocols. 8.4.2 If possible, identify appropriate laboratories. It is acknowledged that due to procurement requirements it may not be possible to identify laboratories prior to Final CIMP submittal to the Regional Board. 24347.00400 \7931425.1 A -1 8.4.3 Describe how collected data will be compiled and stored to support future assessment and reporting efforts. 8.4.4 Outline an integrated monitoring and assessment program to evaluate progress toward achieving applicable limitations. 8.4.5 Describe the process for revising components of the CIMP. 8.4.6 Prepare a Draft CIMP as described in the MS4 Permit and this Scope of Work. Additionally, a cost estimate to implement the CIMP shall be provided. The Consultant shall provide up to 10 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Draft CIMP. 8.4.7 Finalize CIMP. It is assumed that Consultant will revise the Draft CIMP two times. The Consultant shall provide four weeks for review of the initial Draft CIMP and two weeks for review of the revised Draft CIMP. The Consultant shall provide up to 20 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Final CIMP. 8.4.8 The consultant shall revise the CIMP based on the Regional Board's comments within 2 months of receiving the comments. 8.5 Outreach Specific to CIMP Development: The Consultant shall conduct up to four meetings specific to CIMP development to perform outreach to community groups, nongovernment organizations, water supply agencies, and other potential project partners and stakeholders to solicit input on the scope and content of the draft CIMP. Deliverables and Schedule: 1. Draft Memorandum as described in Task 8.1: November 2013 2. Draft Memorandum as described in Task 8.2: February 2014 3. Draft Memorandum as described in Task 8.3: March 2014 4. Draft CIMP as described in Task 8.4: April 2014 5. Final CIMP as described in Task 8.4: June 2014 It is expected that one revision will be required of each of the draft memoranda. However, memoranda will not be finalized, per se; rather final versions of the information will be presented in the Draft and Final CIMPs. 9.0 Enhanced Watershed Management Program (EWMP) Plan In consultation with the WMG and TAC, the Consultant shall prepare an EWMP Plan by implementing all aspects of the Final Work Plan, providing technical memos, a Draft EWMP Plan and a Final EWMP Plan. It is acknowledged that the following scope items may need to be revised based on the Final EWMP Work Plan. In preparing the EWMP Plan, the consultant shall perform the following activities: 24347.00400 \7931425.1 A -1 9.1 Finalize Approach to Addressing USEPA TMDLs, 303(d) Listings, and Other Exceedances of Receiving Water Limitations: The Consultant shall address permit requirements related to USEPA TMDLs, 303(d) listings, and other exceedances of receiving water limitations as follows: 9.1.1 Develop interim numeric milestones and compliance schedules for the following Environmental Protection Agency (EPA) TMDLs: a. Peck Road Park Lake TMDLs b. Santa Fe Dam TMDLs c. San Gabriel River Metals TMDL 9.1.2 Develop interim numeric milestones and compliance schedules for the 303(d) listed and non- 303(d) listed receiving water limitations exceedances not addressed in a TMDL in the watershed. 9.2 Develop List of Regional Projects and Conduct Initial Screening: For regional projects the Consultant shall: 9.2.1 Identify additional potential locations for regional projects to retain (i) all non - stormwater and (ii) all stormwater runoff of the volume equivalent to the 85th percentile, 24 -hour storm event for the drainage area tributary to the project. Describe the multiuse features of these potential projects. 9.2.2 Select a preliminary list of regional projects for initial screening based on the Final EWMP Work Plan approach and develop draft memorandum. 9.2.3 Develop list of proposed project sites based on RH /SGRWQG feedback on memorandum. 9.2.4 Conduct preliminary soils analysis and testing of proposed regional project sites to support feasibility analysis. 9.2.5 Perform an initial environmental study for all proposed regional projects to support feasibility analysis. Review and summarize the regulatory issues, environmental permits and other requirements, for implementing the proposed project sites. 9.2.6 Evaluate the feasibility of constructing all identified regional projects including rough costs and develop recommended final list. 9.3 Identify Selected Watershed Control Measures and Conduct Reasonable Assurance Analysis: Utilizing the process outlined in the Work Plan the Consultant shall: 24347.00400 \7931425.1 A -1 100)� 9.3.1 Prepare quantitative analysis or modeling tool to represent hydrology, hydraulics, stormwater quality, non - stormwater quality, and receiving water quality before and after implementation of watershed control measures. 9.3.2 Summarize MCMs, specific modifications to MCMs proposed by RH /SGRWQG Agencies, and information supporting modifications to MCMs provided by RH /SGRWQG Agencies. 9.3.3 For the portion of the watershed that cannot be addressed with regional projects, identify additional structural and nonstructural watershed control measures to achieve applicable WQBELs and /or RWLs for each TMDL, 303(d) listing, and receiving water exceedances, consistent with applicable compliance schedules in the Permit. Incorporate effective innovative technologies, approaches and practices, including green infrastructure and lowimpact development strategies. 9.3.4 Conduct a Reasonable Assurance Analysis for each TMDL, 303(d) listing, and receiving water exceedances that consists of an assessment (through quantitative analysis or modeling) to demonstrate that the identified in the watershed control measures will achieve applicable WQBELs and /or RWLs. Develop Project Schedules and Cost Estimates: Based on the selected watershed control measures the Consultant shall: 9.4.1 Develop cost estimates for implementing the proposed watershed control measures. The cost analysis should include any necessary planning, design, permits, construction, operation and maintenance, energy, waste removal, post construction monitoring, and right of way acquisition. 9.4.2 Prepare schedules and sequencing for each of the proposed watershed control measures. The sequencing shall be based on the approach outlined in the Work Plan. The schedules should account for: 9.4.2.1 TMDL compliance schedules, Water Quality Priorities categories, and proposed milestones. 9.4.2.2 The implementation period and milestones during the current Permit term should be differentiated from the future implementation period beyond of the current Permit term. 9.4.2.3 The schedules shall identify the responsibilities of each individual Permittee. 24347.00400 \7931425.1 A -1 9.4.2.4 The project schedules should include planning, design, permits, right of way acquisition, construction, operation and maintenance, energy, waste removal, and post construction monitoring. Develop realistic construction durations for each proposed project including preconstruction activities such as bid, award, notice to proceed, move in, construction subactivities depending on the Scope of Work, construction completion, postconstruction monitoring, etc. 9.4.2.5 Recommend a reasonable time frame to initiate the projects, nonstructural solutions, and programs during the compliance timeframes. 9.5 Prepare Draft and Final EWMP Plans: Consultant shall prepare Draft and Final EWMP Plans incorporating the above information and: 9.5.1 Incorporate and where necessary, develop milestones and compliance schedules into the EWMP to measure progress toward addressing the highest water - quality priorities and achieving applicable WQBELs and /or RWLs in the shortest time as possible taking into account technological, operation, and economic factors. 9.5.2 As needed, propose modifications to the CIMP for consideration by the WMG and Regional Board. 9.5.3 Outline an adaptive management process for the WMG to 1) support the required every two year comprehensive evaluation of the effectiveness of the EWMP and 2) modify control measures and /or monitoring accordingly to address currently identified priorities and /or future priorities. 9.5.4 Prepare a Draft EWMP Plan as described in the MS4 Permit and this Scope of Work. The Consultant shall provide up to 10 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Draft EWMP Plan. 9.5.5 Finalize EWMP Plan. It is assumed that Consultant will revise the Draft EWMP Plan two times. The Consultant shall provide four weeks for review of the initial Draft EWMP Plan and two weeks for review of the revised Draft EWMP Plan. The Consultant shall provide up to 20 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Final EWMP Plan. 9.5.6 The consultant shall revise the EWMP plan based on the Regional Board's comments within 2 months of receiving the comments. 24347.00400 \7931425.1 A -1 9.6 Outreach Specific to EWMP Plan Development: Consultant shall conduct up to four meetings specific to EMWP Plan development to perform outreach to community groups, nongovernment organizations, water supply agencies, and other potential project partners and stakeholders to solicit input on EWMP Plan. Deliverables and Schedule: 1. Draft Memorandum as described in Task 9.1: August 2014 2. Draft Memorandum as described in Task 9.2.1 and 9.2.2: September 2014 3. Draft Memorandum as described in Task 9.2.3 -9.2.6 and 9.3: December 2015 4. Draft Memorandum as described in Task 9.4: February 2015 5. Draft EWMP Plan as described in Task 9.5: April 2015 6. Final EWMP Plan as described in Task 9.5: June 2015 It is expected that one revision will be required of each of the draft memoranda. However, memoranda will not be finalized, per se; rather final versions of the information will be presented in the Draft and Final EWMP Plans. 10.0 Additive Items: Prepare NOI in accordance with all requirements contained within the new permit (Order R4- 2012 -0175) by May 15, 2013. The RH /SGRWQG will supply a template NOI for this purpose. 10.1 NOI shall specify that RH /SGRWQG is requesting a 30 month submittal date for the draft EWMP per Part VI.C.4.c.iv of the new Permit (Order R4- 2012 - 0175). 10.2 NOI shall identify all applicable interim and final trash WQBELs and receiving water limitations pursuant to Part VI.E of the Permit (Order R4- 2012 - 0175). 10.3 NOI shall identify members' watershed control measures, where possible from existing TMDL implementation plans that will be implemented by the members concurrently with the development of the EWMP to ensure that MS4 discharges achieve compliance with applicable interim and final trash WQBELs and receiving water limitations set forth in Part VI.E of the Permit (Order R4- 2012 -0175) and the applicable attachment(s) by the applicable compliance deadlines occurring prior to approval of an EWMP. 10.4 NOI shall further identify the following items: 10.4.1 Plan concept and geographical scope, 10.4.2 Cost estimate for plan development, 10.4.3 Executed MOU among the members of the RH /SGRWQG to fund development of EWMP (or as alternatively prescribed in section VI.C.4.b.iii of the permit (Order R4- 2012 -0175) 10.4.4 Interim milestones for plan development and deadlines for their achievement, 24347.00400 \7931425.1 A -1 10.4.5 Identification of, and commitment to fully implement, one structural BMP or a suite of BMPs at a scale that provides meaningful water quality improvement within each watershed (Rio Hondo -Los Angeles River and San Gabriel River) covered by the plan within 30 months of the effective date of this order in addition to watershed control measures to be implemented pursuant to items 6.2 and 6.3 above. The structural BMP or suite of BMPs shall be subject to approval by the Regional Water Board Executive Officer. 10.5 Prepare NOI for Coordinated Integrated Monitoring Plan (CIMP) in accordance with all requirements contained within the new permit (Order R4- 2012 -0175) by May 15, 2013. The RH /SGRWQG will supply a template NOI for this purpose. 24347.00400 \7931425.1 A -1 Project Timelines and Milestones CWE U) 0 S In v m C x t- =r O Cr n rF C/) CO 0 M (Al 2013 2014 2015 2016 May Jun Jul Au Se Oct Nov Dec Jan Feb Mar Apr Ma Jun I Jul I Aug Sep Oct I Nov I Dec Jan Feb Mar Apr may Jun I Jul Augl S Oct TNov Dec Jan Feb Mar A r 111111► * Identification of Water Duality Priondes Draft Memorandum `► * Summary of Existing and Potential Control Measures Draft Memorandum a Existing Models and Updates Needed to Perform the RAA Draft Memorandum Y 3 tta► * Summary of Existing Planning Efforts for Possible Inclusion in the EWMP and Analysis of Control Measure Performance Data Draft Memorandum 3 w `► * Draft EWMP Work Plan 6* Final EWMP Work Plan `► * EWMP Development Scope and Budget Draft Memorandum `► * Outfall and Receiving Water Monitoring Approach Draft Memorandum `/ * Site Selection Draft Memorandum `► * New Development and Re Development Effectiveness Track ng Draft Memorandum U `► * Draft CIMP `► * Final CIMP `► * Final Approach to Addressing USEPA TMDLs, 303(d) Listings, and Other Exceedances of RWLs Draft Memorandum `► * Additional Potential Locations and Preliminary List of Regional Projects Draft Memorandum m `► * Proposed Project Sites Feasibility Analysis and Selected Watershed a Control Measures and RAA Draft Memorandum w `► * Project Schedules and Cast Estimates Draft Memorandum `► * Draft EWMP Plan Final EWMP Plan U) 0 S In v m C x t- =r O Cr n rF C/) CO 0 M (Al Exhibit "C" COMPENSATION Compensation shall be based on time and materials spent in accordance with the following tasks, not to exceed the total compensation listed: Development & Enhanced Watershed Management Program Planning Services $790,537.00 Total Compensation $790,537.00 The total compensation shall not exceed the total listed without written authorization in accordance with Section 3.3.1 of this agreement. (See attached fee breakdown). 24347.00400 \7931425.1 C -1 ENHANCED WATERSHED MANAGEMENT PROGRAM FOR RIO HONDO /SAN GABRIEL RIVER WATER QUALITY GROUP CW= FEE PROPOSAL AND SCHEDULE OF PERFORMANCE m of RepreseetaMe EmMMW fo 80 Cwim* m Behalf of th Flan - Jasoo Pereira s of per 81-MO "lfeetieg (Task 1.01 - SZ648 (Oaf/ InUafes me Pmm Coeso mt and pmporbmal* same of eye subs at 8re meeting)