HomeMy WebLinkAbout25D - AGMT - NPDES INSPECTION SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 4, 2011
TITLE:
AGREEMENTS WITH ENVIRONMENTAL
ENGINEERING AND CONTRACTING, INC.
AND AMEC GEOMATRIX, INC. FOR NPDES
COMMERCIAL/INDUSTRIAL
INSPECTION SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15t Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreements with
Environmental Engineering and Contracting, Inc. (EEC) and AMEC Geomatrix, Inc. (AMEC) for a
total aggregate amount not to exceed $300,000 annually for a term of one year with options to
renew for three additional one-year periods exercisable by the City Manager, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Federal Clean Water Act requires any governmental or private entity that discharges storm
water into the waters of the United States via a storm drain system to comply with the regulations
as set forth in the National Pollution Discharge Elimination System (NPDES) Permit approved for
that region. In May 2009, the Santa Ana Regional Water Quality Control Board issued a revised
NPDES permit for the Orange County region.
This permit requires the City to inspect industrial and commercial facilities that, based on its
operation, may reveal a storm water threat. Inspections shall include review of the facilities for
storage practices, Best Management Practices and maintenance procedures. In addition the
consultant will document any water quality violations as well as evidence of unauthorized,
nonstorm-water discharges.
The RFP was sent out to a number of qualified firms including two in Santa Ana: URS and EEC.
Proposals were received from EEC and AMEC. The proposals from both consultants are based
on the detailed scope of services, and are being recommended based on their understanding of
the required tasks, qualifications, and experience with similar projects. Staff recommends that
both EEC and AMEC be retained for the project. Both firms meet the requirements of the NPDES
permit for our region.
25D-1
Agreements for NPDES Commercial/Industrial
Inspection Services
April 4, 2011
Page 2
ENVIRONMENTAL IMPACTS
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Federal Clean Water Protection Enterprise Fund (accounting unit
05717640-62300)
APPROVED AS TO FUNDS AND ACCOUNTS:
r
t!lr -A
Rau odinez II Francisco Gutierrez
Executive Directo Executive Director
Public Works Agency Finance & Management Services Agency
RG/SA
Exhibit 1: Agreements
2501-2
COMMERCIAL/INDUSTRIAL INSPECTION AND
DATABASE MANAGEMENT SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 4"' day of April, 2011 by and between
Environmental Engineering and Contracting, Inc., a California corporation (hereinafter "Consultant"), and
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of NPDES
inspection and database management services.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide Commercial/Industrial Inspection and Database Management consultant
services, as set forth in City's Request for Proposals issued February 16, 2011, on file with the Santa Ana
Public Works Agency and incorporated herein by reference; and Consultant's Proposal dated March 3,
2011, attached hereto as Exhibit A and incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform this
Agreement and will perform its obligations hereunder in accordance with standards and practices
prevailing in the industry. Consultant's contribution to the Project, including works to be produced by
Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third
person or party. Consultant shall deliver to City any work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible with
City's information systems, as agreed between the City's Project Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but not limited
to records, papers, drawings, specifications, programs, systems and other materials prepared by
Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that (a) other such material shall be the property of the City, and may not be
copyrighted without prior review from the City, and (b) the authors of all such material, whether
copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of
their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable
license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use
such materials.
25d-3
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates
and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The total sum to be
expended on all consultants providing NPDES Inspection and Database Management services shall not
exceed an aggregate of $300,000, annually, during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. The invoice shall include a detailed
breakdown of the services provided, the project title, the tasks, the hours, and hourly rates. Payment need
not be made for work which fails to meet the standards of performance set forth in the Recitals which
may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate on March 31, 2011,
unless terminated earlier in accordance with Section 13, below. The City shall have the option to extend
the term of this Agreement for up to three additional one-year periods, on the terms and conditions set
forth herein.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from any act or
occurrence arising out of Consultant's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain
standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
non-owned automobiles.
256-4
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work
under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not effect Consultant's right to be paid for its time and materials expended prior to
notification of termination. Consultant waives the right to receive compensation and agrees to indemnify
the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting
on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason
of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be
selected by the City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
25b-5
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
With courtesy copies to:
and
Executive Director of Public Works
City of Santa Ana
220 S. Daisy Avenue, M-85
Santa Ana, California 92703
facsimile (714) 647-3345
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: Environmental Engineering and Contracting, Inc.
501 Parkcenter Drive
Santa Ana, California 92705
facsimile (714) 667-2310
Attn: Jim Kolk
25b-6
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event
of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or conditions
of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject
to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the
City all work product completed as of such date, and in such case such work product shall be the property of
the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the
City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in
the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
25DJ-7
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City
fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ II
Executive Director - PWA
CITY OF SANTA ANA
DAVID N. REAM
City Manager
ENVIRONMENTAL ENGINEERING
AND CONTRACTING, INC.
JOHN SHAFFER
President
Tax ID#
2sb-s
EXHIBIT A
CONSULTANT'S PROPOSAL
25a-9
C. Work Plan
Successful implementation and management of a stormwater
program demands a clear understanding of the NPDES Permit
requirements and solid teamwork between City staff and
consultants/contractors. Having supported other Cities in their
response to a prior stormwater/NPDES program and inspection
Audit/NOV, and having developed the Local Implementation Plans
(LIP), EEC stands poised to support the City of Santa Ana's stormwater compliance needs. Utilizing our
knowledge and experience EEC can provide the program management, field inspection, and database
management services needed to ensure continued compliance with the regulations of the City's NPDES
Permit.
1. Subtasks Approach
Subtask 1: Task Order Database Management
EEC will review the City's commercial I Order NO.R&2o0¢W30(NPDES NO. CA56160J0)-as amended by Order NO. R11-2010.0062
The Ceunly of Orange. OCFCO. and Incorporated Cities Attachment •A°
Area wide Urban Worm Water Runoff
industrial facility database and ensure that it
complies with all database requirements of the
NPDES permit, especially sections IX and X
of the Permit Requirements. This will include
prioritization of all facilities to manage and
maintain program data. This database will be
linked to a GIS to facilitate inspection
management, report generation, and facility
EEC - Santa Ana NPDES Proposal l t 5 D _ 1 0 March 3, 2011
compliance management. The GIS will have digital representation of all facilities in the program that are
within the City's service area, as demonstrated in the figure above. The GIS will also comply with Sections
IX and X of the NPDES Permit Requirements.
EEC will manage and execute all data and submittals pertaining to the Commercial/Industrial Facility
Program as required by Section I of the NPDES Permit Requirements. EEC will also participate in periodic
meetings with the City to provide updates on the progress of inspections, discuss enforcement issues, and
provide suggestions for improving the Inspection Program based upon field experience and maintaining the
Prioritized Facility Inventory. EEC will assist in the long-term management of the inspection program and
update the Prioritized Facility Inventory with information from the City's most current business license
database. EEC will provide the City with bi-weekly status reports via email and summary status reports with
the monthly invoices.
Subtask 2: Conduct Facility Inspections, Inventory Management, and Enforcement
Notifications
EEC will conduct on-site facility inspections as outlined in the City's NPDES permit. As part of the facility
inspections, EEC will assess indoor and outdoor areas associated with stormwater runoff and conveyance
and review the following: material and waste handling and storage practices; written documentation of
pollutant control BMP implementation, including internal inspection logs and reports, SWPPPs, and spill
response plans; maintenance procedures; implementation of source control measures; and digital
photographic documentation of any water quality violations, as well as evidence of past or present
unauthorized, non-storm water discharges and enforcement actions issued at the time of inspection. Sample
inspection forms aare included in Appendix B. EEC will also conduct personnel interview(s) to develop a
general assessment of the awareness of storm water pollution prevention measures by facility management
and employees. EEC will prepare an inspection report that assesses the facility's potential to impact storm
water quality and the effectiveness of BMPs to minimize pollutant exposure. The facility officials will be
informed of any required follow-up activities and all results will be entered into the City's NPDES database.
EEC - Santa Ana NPDES Proposal 125D-1 1 March 3, 2011
Based on the results of the inspections or as requested by the City, EEC will investigate and respond to
infractions or complaints related to the City's NPDES permit and the City's Water Pollution Regulations. In
the event that inappropriate material or waste handling or storage practices are observed; there is evidence
of past or present unauthorized, non-storm water discharges; if BMPs are determined to be ineffective in
eliminating storm water exposure; or if applicable plans have not been prepared or maintained, including
SWPPPs and spill response plans, EEC will determine if an enforcement order is required. EEC will
coordinate with the facility to remedy noncompliance and conduct re-inspections that are adequate to bring
the facility into compliance. Administrative remedies administered by EEC may include verbal or written
notices of noncompliance. If necessary, administrative compliance orders or cease and desist orders will be
coordinated with the City. Sample enforcement correspondence that was developed by EEC for the City of
Stanton is provided in Appendix C.
Subtask 3: Additional Program Assistance as Needed
EEC will provide additional technical and regulatory assistance related to the Overall NPDES Program as
requested by the City. This may include special inspections as they occur, updating handouts for BMPs,
translation of materials into other languages, and other tasks related to improving the City's NPDES
Program. This task will also include response and representation on discharges on the City's behalf. EEC
will act on the City's behalf to ensure proper response and cleanup of discharges (into the public right of
way) are accomplished according to NPDES permit requirements. EEC inspectors will develop an on-call
schedule that will ensure at least one inspector is available, 24/7, for immediate illegal discharge response.
EEC inspectors are familiar with the proper NPDES inspection procedures and have reviewed the County of
Orange's training program documents (e.g. IDIC training). EEC inspectors are also trained on the proper
response procedures for responding to emergency discharges or discovered NPDES violations. EEC
inspectors will attend any available training courses deemed appropriate through the County of Orange or
the California Stormwater Quality Association (CASQA).
EEC - Santa Ana NPDES Proposal T 5 D A March 3, 2011
Should the City need support to develop or enhance the permit-mandated training courses EEC has
extensive experience in developing training courses and can assist with this effort.
2. Activity Outline
In order to meet the aggressive 2010/2011 schedule with and estimated Counsel award date of April 4,
2011, EEC activities will consist of the following :
1. Data Management Staff will conduct a preliminary database review and
facility inventory QA/QC and prepare initial inspection lists for Field
Inspection staff.
2. Field Inspection Staff will be deployed to conduct initial facility
inspections. EEC will deploy 3-4 Field Inspectors with the expectation
of each conducting 25-35 inspections per week. Added inspection resources are available and will be
utilized to supplement field activities as required.
3. Data Management Staff will conduct a detailed database review and facility inventory QA/QC to
identify specific database upgrade needs. In coordination with City Staff, database upgrades will be
implemented and supplemental inspection lists will be prepared and provided to Field Inspection staff.
4. Data Management Staff will review and enter collected inspection data into the updated NPDES
database on an on-going basis.
3. Project Schedule
The 2010/2011 schedule is summarized below. A detailed schedule for 2010/2011, as well as a preliminary
schedule for 2011/2012, is provided in Appendix D.
• April 4 - Counsel Approval/Project Kick-off
• April 5 thru April 15 - Preliminary Database and Facility Inventory Review
• April 18 thru June 30 - 2010/2011 Commercial/Industrial Inspections (including re-inspections as
needed)
EEC - Santa Ana NPDES Proposal 1 2 5 D -13 March 3, 2011
• April 18 thru May 15 - Detailed Database Review and Updates, Supplemental Inspection Lists
• April 25 thru June 20 - Inspection Data Entry
• July 1 thru July 30 - Submittal preparation
4. Quality, Budget, and Schedule Control
Over the past 16 years, EEC has managed many multi-year projects with tight deadlines and limited
budgets. EEC understands that quality, budget and schedule control is essential to a successful project. One
way that EEC plans to accomplish this is with schedule tracking software. EEC utilizes Microsoft Project
software to track all projects. Microsoft Project allows EEC to track project schedules and budgets to
maintain a clear understanding of a projects status.
Beyond utilizing Microsoft Project, EEC will generate monthly status reports and invoices from the
database of the inspections performed. The City will receive the monthly status reports so the City can
always be up-to-date on the project's status. Finally, EEC will utilize a Geographic Information System
(GIS) to track and schedule inspections. By using GIS, EEC can create monthly inspection zones, which
makes inspection routing more efficient and ensures facilities are inspected within their correct priority-
inspection frequency.
EEC understands that project quality is very important to the success of this project. The City needs to be
sure that complete and thorough inspections are being performed. EEC management staff will perform
periodic follow-up inspections to verify if an adequate inspection was performed at that facility. This
ensures that quality inspections are always performed, and also provides feedback from facilities about the
inspection experience. This feedback can be used to improve inspection processes.
These are tried and tested project management tools and techniques that EEC has implemented for other
City of Santa Ana commercial inspection projects.
EEC - Santa Ana NPDES Proposal 1 March 3, 2011
EXHIBIT B
FEE SCHEDULE
25d-15
ATTACRA41 .NT 1
High Medium Low High Medium Low
Priority Priority Priority Priority Priority Priority Re-
Year Industrial Industrial Industrial Commercial Commercial Commercial Inspections Total
2010/1 1 111 265 275 180 357 0 119 1307
Year 2010/11' Subtask Total
1.0 Subtask No. 1- Commercial/Industrial Facility Database
Maintenance and Management $ 33,450
Personnel/Labor Classification required for this Subtask:
John Shaffer, Principal-in-Charge; Stan Steinbach, QA/QC; Jim Kolk, Project Manager;
Ramon Gallegos, GIS/Database/Inspection Manager; Steve Shaffer; Database Developer;
Joe Jenkins, Senior Inspector; Noel Legaspi, Inspection QA/QC
2.0 Subtask No. 2 - Conduct Facility Inspections for Fiscal Year $ 126,430
2010/2011
Personnel/Labor Classification required for this Subtask:
Joe Jenkins, Senior Inspector; Keith Armstrong, Senior Inspector;Joseph Hunt, Inspector;
Kalen Kornfeind; Inspector; Kyle Wagner, Inspector; Cyrus Safizadeh, Inspector
3.0 Subtask No. 3 -- Additional Program Assistance as Requested $ 20,000
Personnel/Labor Classification required for this Subtask:
Senior Engineer/Scientist - *30 hrs @ $ 135 /hr - $ 4,050
Project Engineer/Scientist - *93 hrs @ $125 /hr _ $ 11,625
Senior Proj. Engr./Scientist - *24 firs @ $ 180 /hr = $ 4,320
* These hours can be modified if necessary, to accommodate insrD) ection hours.
Total Cost for Fiscal Year 2010/11 $179,$75
* Be advised that there will be 3-4 months to accomplish the inspections outlined in the
first year of the contract. Please appropriate personnel as required to meet the first year
inspection deadline.
Page 8 of 32
25D-16
ATT A PTJX4T, ivrr 1
High Medium Low High Medium Low
Year * Priority
Industrial Priority
Industrial Priority
Industrial Priority
Commercial Priority
Commercial Priority
Commercial "Re.
Inspections
Total
2011/92 111 0 275 180 0 6 20 118 1305
Year 2011/12 Subtask Total
1.0 Subtask No. 1- CommerciaVIndustrial Facility Database
. Maintenance and Management $ 45,200
Personnel/Labor Classification required for this Subtask:
John Shaffer, Principal-in-Charge; Stan Steinbach, QA/QC; Jim Kolk, Project Manager;
Ramon Gallegos, GIS/Database/Inspection Manager; Steve Shaffer; Database Developer;
Joe Jenkins, Senior Inspector; Noel Legaspi, Inspection QA/QC
2.0 Subtask No. 2 - Conduct Facility Inspections for Fiscal Year $ 114,210
2011/2012
Personnel/Labor Classification required for this Subtask:
Joe Jenkins, Senior Inspector; Keith Armstrong, Senior Inspector;Joseph Hunt, Inspector;
Kalen Kornfeind; Inspector; Kyle Wagner, Inspector; Cyrus Safizadeh, Inspector
3.0 Subtask No. 3 - Additional Program Assistance as Requested $ 20,000
Personnel/Labor Classification required for this Subtask:
Inspector - 112 hrs @ $ 70 /hr = $ 7,840
Senior Engineer/Scientist - 22 hrs @ $135 /hr = $2970
Project Engineer/Scientist - 62 hrs @ $ 125 /hr = $ 7,750
Senior Proj. Engr./Scientist - $ hrs @ $ 180 /hr = $1,440
Total Cost for Fiscal Year 2011/12 $179,410
Page 9 of 32
25D-17
ATTACHMENT 1
Hi
h M
d€ C
* g
Priority e
um
Priority ow
Priority
High
Priority
Medium
Priority
Low
Priority
**Re-
Year Industrial Industrial Industrial Commercial Commercial Commercial Inspections Total
2011112 111 0 275 180 0 620 118 1305
Year 2012/13 Subtask Total
1.0 Subtask No. 1- CommerciaUludustrial Facility Database
Maintenance and Management
28,520
Personnel/Labor Classification required for this Subtask:
John Shaffer, Principal-in-Charge; Stan Steinbach, QA/QC; Jim Kolk, Project Manager;
Ramon Gallegos, GIS/Database/Inspection Manager; Steve Shaffer; Database Developer;
Joe Jenkins, Senior Inspector; Noel Legaspi, Inspection QA/QC
2.0 Subtask No. 2 -- Conduct Facility Inspections for Fiscal Year $ 131,380
2012/2013
Personnel/Labor Classification required for this Subtask:
Joe Jenkins, Senior Inspector; Keith Armstrong, Senior Inspector;Joseph Hunt, Inspector;
Kalen Kornfeind; Inspector; Kyle Wagner, Inspector; Cyrus Safizadeh, Inspector
3.0 Subtask No. 3 - Additional Program Assistance as Requested $ 20,000
Personnel/Labor Classification required for this Subtask:
Inspector - 112 hrs @ $ 70 /hr = $ 7,840
Senior Engineer/Scientist - 22 hrs @ $135 /hr = $
2,970
_
Project Engineer/Scientist - 62 hrs @ $ 125 /hr = $ 7,754
Senior Proj. Engr./Scientist - 8 hrs @ $180 /br = $1,440
Total Cost for Fiscal Year 2012/13
I $179,900
Page 10 of 32
25D-18
ATTACHMENT 1.
High Medium Low High Medium Low
Priority Priority Priority Priority Priority Priority **Re.
Year * Industrial Industrial industrial Commercial Commercial Commercial -Inspections Total
2011/12 111 0 275 180 0 620 119 1305
Year 2013/14 Subtask Total
1.0 Subtask No.1- Commercial/Industrial Facility Database
Maintenance and Mana ement $ 45200
Personnel/Labor Classification required for this Subtask:
John Shaffer, Principal-in-Charge; Stan Steinbach, QA/QC; Jim Kolk, Project Manager;
Ramon Gallegos, GIS/Database/Inspection Manager; Steve Shaffer; Database Developer;
Joe Jenkins, Senior Inspector; Noel Legaspi, Inspection QA/QC
2.0 Subtask No. 2 -Conduct Facility Inspections for Fiscal Year $114,210
2013/2014
Personnel/Labor Classification required for this Subtask:
Joe Jenkins, Senior Inspector; Keith Armstrong, Senior Inspector;Joseph Hunt, Inspector;
Kalen Kornfeind; Inspector; Kyle Wagner, Inspector; Cyrus Safizadeh, Inspector
3.0 Subtask No. 3 - Additional Program Assistance as Requested $ 20,000
Personnel/Labor Classification required for this Subtask:
Inspector - 112 hrs @ $ 70 /hr = $ 7,840
Senior Engineer/Scientist - 22 hrs @ $ 135 /hr = $ 2,970
Project Engineer/Scientist - 62 hrs @ $125 /hr = $ 7,750
Senior Proj. Engr./Scientist - 8 hrs @ $180 /hr = $1,440
Total Cost for Fiscal Year 2013/14 $179,410
Page 11 of 32
2501-19
ATTACHMENT I
NPDES Commercial/industrial Inspection Consulting and Related Services
PART If - LIST OF SUBCONSULTANTISUBCONSULTANTS
Page 12 of 32
25D-20
PART I - LIST OF KEY PERSONNEL
ATTACHMENT 1
NPDES Commerciallindustrial Inspection Consulting and Related Services
PRICE SUMMARY SHEET
SCHEDULE I -- HOURLY RATES
Name Job Title/
Classification
Job Function Fully Burdened
Hourly Rate*
Jahn Shaffer President Principal 205
Stan Steinbach P.E
------------- QA/QC
980
Jim Kolk Senior Staff Engineer Project Manager 135
Ramon Gallegos
GIS/IT Supervisor
-------------
GIS/Database/Inspection Mngr.
125
Steve Shaffer GIS/Database Analyst Database Developer 95
Joseph Jenkins Senior Technician Senior Inspector 95
Noel Legaspi Senior Technician Inspection QA/QC
95
Joseph Hunt Compliance Inspector
--
Senior Inspector
-------------
95
Keith Armstrong Compliance Inspector Senior inspector 95
Kalen Kornfeind Compliance Inspector Inspector
70
Kyle Wagner Staff Engineer Inspector 70
Daniel Lee Compliance Inspector Inspector
70
Eli Ortenberg Compliance Inspector Inspector 70
Cyrus Safizadeh Compliance Inspector Inspector
70
"Fully Burdened" rates include all overhead, general costs, administration costs and profit.
Page 13 of 32
2501-21
COMMERCIALANDUSTRIAL INSPECTION AND
DATABASE MANAGEMENT SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 4th day of April, 2011 by and between AMEC
Geomatrix, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of NPDES
inspection and database management services.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide Commercial/Industrial Inspection and Database Management consultant
services, as set forth in City's Request for Proposals issued February 16, 2011, on file with the Santa Ana
Public Works Agency and incorporated herein by reference; and Consultant's Proposal dated March
2011, attached hereto as Exhibit A and incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform this
Agreement and will perform its obligations hereunder in accordance with standards and practices
prevailing in the industry. Consultant's contribution to the Project, including works to be produced by
Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third
person or party. Consultant shall deliver to City any work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible with
City's information systems, as agreed between the City's Project Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but not limited
to records, papers, drawings, specifications, programs, systems and other materials prepared by
Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that (a) other such material shall be the property of the City, and may not be
copyrighted without prior review from the City, and (b) the authors of all such material, whether
copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of
their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable
license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use
such materials.
25d-22
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates
and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The total sum to be
expended on all consultants providing NPDES Inspection and Database Management services shall not
exceed an aggregate of $300,000, annually, during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. The invoice shall include a detailed
breakdown of the services provided, the project title, the tasks, the hours, and hourly rates. Payment need
not be made for work which fails to meet the standards of performance set forth in the Recitals which
may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate on March 31, 2011,
unless terminated earlier in accordance with Section 13, below. The City shall have the option to extend
the term of this Agreement for up to three additional one-year periods, on the terms and conditions set
forth herein.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from any act or
occurrence arising out of Consultant's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain
standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
non-owned automobiles.
25b-23
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work
under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not effect Consultant's right to be paid for its time and materials expended prior to
notification of termination. Consultant waives the right to receive compensation and agrees to indemnify
the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting
on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason
of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be
selected by the City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
25b-24
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
With courtesy copies to:
and
Executive Director of Public Works
City of Santa Ana
220 S. Daisy Avenue, M-85
Santa Ana, California 92703
facsimile (714) 647-3345
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: AMEC Geomatrix, Inc.
510 Superior Avenue, Ste 200
Newport Beach, California 92663-3627
facsimile (949) 642-4474
Attn: Matthew Lentz, Project Manager
25d-25
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event
of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or conditions
of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject
to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the
City all work product completed as of such date, and in such case such work product shall be the property of
the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the
City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in
the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
25b-26
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City
fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ II
Executive Director - PWA
TIMOTHY S. SIMPSON
Principal in Charge
Tax ID#
CITY OF SANTA ANA
DAVID N. REAM
City Manager
AMEC GEOMATRIX, INC.
25b-27
EXHIBIT A
CONSULTANT'S PROPOSAL
25a-2$
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2.2 LABOR RESOURCES
As demonstrated below, our team has more than sufficient resources to meet inspection
requirements for the 2010/2011 fiscal year. The workload for subsequent years is spread over a
longer period and, on this basis, we have sufficient labor resources to complete this work.
Labor-Hour Allocation
2010/11 Fiscal Year
2500 -- - -- -- --
2000
L 1500
= 1000
500
0
Subtask No. 1- Task
Order Database Subtask No. 2 - Subtask No. 3 -As
Facility Inspections Needed Assistance
Management
¦ Hours Required 94 1598 136
¦ Hours Available 518 2160 518
SECTION 3 - WORK PLAN
3.1 WORK APPROACH
Our proposed work plan is described in the sections below. Our approach is based on years of
experience completing this same type of work and developing efficiencies/knowledge needed to
meet MS4 Permit requirements (and deadlines) and provide business-friendly support to the City.
3.1.1 Subtask 1: Task Order Database Management
Our project team will manage the City's industrial database in accordance with specific requirements
outlined in the Orange County's MS4 NPDES permit, the DAMP, and procedures developed by the
City. Our team provides a seamless transition for this contract, based on our extensive experience
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with the County MS4 permit and because we have managed the database for the past 5 years. As
part of our prior work with the City's database, we developed an automated reporting system to
reduce the time and effort need to generate the documents required under the permit and we will
continue to use this system to provide status reports, generate the quarterly industrial notification
reports as required in Permit Section VI. Legal Authority/ Enforcement, and to provide numbers to
be used in the City's PEA Report. The anticipated schedule for submitting these reports is
described in Section 3.2 and provided in the attached schedule (Appendix C).
For this task, AMEC will update and reprioritize the inventory. Through our prior work the City's
business license departments, AMEC has developed an efficient procedure to reprioritize the City's
inventory for the required businesses as specified in the County's MS4 Permit Sections IX and X.
This process involves removing businesses with duplicate business licenses, home-based businesses,
businesses with incorrect SIC, NAICS, or internal business license codes, and businesses not
applicable to the inventory. To complete Subtask 2 on schedule during the 2010/11 fiscal year, we
assume that the City will provide an updated spreadsheet with all the active businesses from the
City's business license department on April 4, 2011.
3.1.2 Subtask 2: Facility Inspections, Inventory Management, and Enforcement
Notifications
Facility Inspections
Our project team will conduct field inspections of commercial and industrial facilities to assess
compliance with local water quality regulations and appropriate BMPs. We understand that the City
has approximately 3,250 industrial and commercial sites that will require approximately 5,500
inspections over the remainder of the permit cycle. As identified in the RFP, we have assumed the
2010/11 fiscal year will require 1,307 inspections in less than three months. To complete this task
prior to the June 30, 2011 deadline, our team will have two full-time inspectors and three part-time
1:\\[.\RKE1\Pmp-,1,\21111 Proposals\I IPR01'0010.1ID23\Cm of Santa :\na\111'R(}?yp {LyI)D ?d- 8
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inspectors dedicated to the project. Our inspectors are thoroughly familiar with City of Santa Ana
inspection forms and use of the database and can provide a seamless transition to meet the
accelerated work schedules that will be required between April and the end of June 2011. Our
inspectors meet the training program requirements described in the City's MS4 permit (Section
XVI). Our project manager (Matt Lentz) assisted with development of the County's core
competencies and training program for industrial and commercial inspectors and he provided
industrial and commercial inspector training to Orange County Cities on behalf of the County. Our
ability to start inspections immediately with trained and qualified staff allows AMEC sufficient time
to complete the required inspections prior to June 30`h, 2011.
To help expedite the inspection process and meet the compressed deadline, AMEC proposes to
begin inspections of high priority industrial within days of receiving a signed agreement with the
City. These sites have been inspected annually by our team in the past and, similar to what the City
has done in previous years, can be inspected without the need to send a formal notification letter.
For the remaining businesses on the City's inspection list, AMEC will send bilingual inspection
announcement letters (English/Spanish) to notify businesses of the upcoming inspection. This
approach is business-friendly, providing the business an opportunity to schedule the inspection.
To facilitate efficiency and reduce travel time between inspections, inspectors will group daily
inspections by geographic location. Each of our inspectors will be also be equipped with a field
inspector "tool box" that will include appropriate BMP and public education information to provide
to businesses. BMP information includes BMP handouts and pamphlets developed by the County,
CASQA BMP guidance, City specific BMP materials, and information on California's Industrial
General Permit. In addition our inspector "tool box" includes sample containers, pH paper, a digital
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camera, City-specific procedures and authorizations (if applicable), and copies of applicable NPDES
permits (NIS4, Industrial, and Construction). Our inspectors will provide and document when BMP
materials are provided to account for the educational outreach component of the inspection
program. In addition, each inspector will be equipped with a digital camera to document site
conditions, if permitted by the business. Once the inspection is complete, the inspection data
entered into the database will be reviewed prior to finalizing.
Inventogy Management
Once the inspection data is incorporated into the database, AMEC's staff will peer review each
form in accordance with AMEC's Quality Assurance/ Quality Control Program described in
Section 3.3. Once per month, AMEC will send out the completed inspection forms with any BMP
materials applicable to each business.
Unauthorized Discharges & Enforcement
In the event an unauthorized discharge is observed during the inspection, our inspectors can act on
the City's behalf to help manage and coordinate with City staff during the response and cleanup.
We have developed detailed spill response investigation procedures for other Cities and most of our
inspectors have completed the County's illegal discharge/illicit connection training. Having
completed this type of work for several cities in Orange County, we understand the importance of
coordinating with other City departments and the fire department. Our inspectors understand the
importance of keeping open lines of communication with City staff during these incidents and have
experience providing detailed e-mail summaries, with photographs of the cleanup actions within 24
' hours of the response.
AMEC has also assisted with the development of hundreds of written enforcement documents for
cities in Orange County, including Santa Ana. We have developed education letters, notices of non-
C\?I_ARI:I(TVP-p-.1sV2011 ProposalsVIIPROPOOIILOU23\0moftimm.A,a\IIPROPU 25111,32 10
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compliance, and notices of violation that are consistent with local water quality ordinance
requirements, Orange County's MS4 Permit and City-specific procedures. We are also familiar with
guidance documents developed by the County, including the Model Investigative Guidance Manual
and the Enforcement Consistency Guide.
3.1.3 Subtask 3: Additional Program Assistance
In addition to the inspections of industrial and commercial facilities, we understand that the City
may require additional technical and regulatory assistance related to other aspects of the NPDES
Program. This may include special inspections as they occur, update of handouts for BMPs,
translation of materials into other languages, and other tasks related to improving the City's NPDES
program. We have provided similar services to numerous municipal and industrial clients in
Southern California and have developed guidance materials, procedures and BMP handouts related
to industrial/ commercial, construction and municipal activities. In addition, our staff has
significant experience with the California's Industrial and Construction General Permits. We are
confident in our ability to provide expertise in each of the areas.
Technical and Regulatory Assistance
AMEC has assisted several municipalities with technical and regulatory assistance. As stated in our
qualifications, AMEC has a thorough understanding of Orange County's MS4 permit, the County's
DAMP, the City's LIP, local water quality ordinances, and other NPDES program requirements
(industrial, construction, and Caltrans). We regularly develop comments on new regulations, permit,
TMDLs on behalf of clients, and are currently involved in the comment process for the recently
issued Draft Industrial Storm Water General Permit. Changes to this permit will affect many of the
businesses in Santa Ana. Several of our proposed hey team members are involved in the
development of comments on behalf of the CASQA, and our proposed project manager in co-
chairing CASQA's Industrial Subcommittee. We have also assisted in the preparation for RWQCB
I
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audits for several cities of in Orange County, including two RWQCB audits for the City of Anaheim.
We have a strong working relationship with the Santa Ana RWQCB, and have recently worked on a
storm water permit stakeholder group along with RWQCB staff.
Development of Best Management Practices (BMPs)
AMEC will assist with the development/update of BMP materials /guidance, as needed. Having
inspected and worked for thousands of industrial sites in Orange County, we understand BMP
implementation at industrial sites and have utilized our experience to develop BMP guidance and
training materials for many projects. We have extensive experience not only recommending typical
non-structural BMPs, but have also been involved in the design and installation of numerous
structural and treatment control BMPs for industrial sites. We maintain a library of BMP resource
materials to assist in the development of additional BMP guidance documents, if needed.
Translation of Materials
AMEC is a diversified consulting firm with employees fluent in various languages, including
Spanish. AMEC's Newport Beach office has extensive experience translating environmental
documents into other languages and we are prepared to assist the City with any translation necessary
for this program.
Water Quality Complaints
We understand that this project may also involve responding to and investigating water quality
complaints and reports related to the City's ID/IC program. AMEC has performed nearly 2,000
water quality complaint investigations for cities of Anaheim, Costa Mesa, and Santa Ana. We have
worked closely with various City departments during many of these investigations. We understand
the importance of having personnel readily available to respond to water quality complaints (within
one hour or less) and have set up a redundant system with multiple authorized inspectors to provide
the City support when needed. Each of our inspection staff members is equipped with a Blackberry
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and cell phone to allow for prompt response to e-mails and telephone calls from the City. We
anticipate that our authorized inspectors will have open lines of communication with City staff
during the investigations and can provide a detailed e-mail summary, with photographs and
recommendations, following each investigation.
3.2 SEQUENTIAL LIST OF ACTIVITIES AND SCHEDULE
AMEC has listed the activities that would be undertaken in completing the tasks and provided a
project schedule in terms of elapsed weeks for the fiscal year 2010/11 contract term (Appendix B).
The schedule assumes the project is awarded on April 4, 2011 and a project commencement date of
April 18, 2011.
Task
Kick-off meeting with City Date(s)
4/18/2011 Personnel Completing ,
Matt Lentz & Brent Smith
Invento u date/re rioritizatlon 4/18/2011 Brent Smith
High Priority Industrial Inspections 4/18/11 -6/30/11 Mike Lowther & Cou Mchinlav
Send out announcement letters 4/21/11 Barbara Russell
Ins ections/Re-ins ections 4/29/11 -6/30/11 See Inspector List
Enforcement discussion meetings 5/30/11 & 6/30/11 Matt Lentz and/or Brent Smith
Peer Review Forms 4/29/11 - 6/30/11 Matt Lentz and/or Brent Smith
Mail Completed Inspection Forms 5/30/11 & 6/30/11 Barbara Russell
Prepare /Submit June 30, 2011
uarterl Re ort
6/30/11
Matt Lentz and/or Brent Smith
Prepare PEA Report Cha ter 9 6/30/11 Brent Smith
3.3 QUALITY ASSURANCE/QUALITY CONTROL AND BUDGET/SCHEDULE
CONTROL
AMEC has developed a formal peer review process for each project to establish and meet project
requirements. At the beginning of each project, the project manager, task leader, and appropriate
technical reviewers meet to set project strategy. Technical review continues throughout the project,
particularly at key milestones. We believe it is the extent of our senior professionals' involvement in
projects, together with our focus on continuing education for all personnel, that allow us to maintain
our high standards of quality. To maintain a high level of quality while completing a significant
number of NPDES compliance inspections, we have developed a training program that is required
1AM_kRKETU'mp,-1,\20fl ??«>?,?,>:,i,?arxc?rnoiu.uuz.a?ca? nr su,r., \-\1uItu ?12sa-4,15 13
ameO
of all our inspectors prior to working for the City. In addition to the training program developed,
our field inspection staff regularly meet to discuss various scenarios /activities encountered in the
field.
Cost control begins with careful planning and accurate cost estimating, and continues throughout
the project with forecasting of work and mitigation of unexpected conditions or events. AMEC uses
a real-time web-based cost accounting system allowing instant access to project financials. AMEC
project managers are evaluated on the ability to deliver a quality product in accordance within the
negotiated scope and budget. Through technical innovation, stakeholder interaction, and excellent
project management skills, AMEC has been able to implement numerous cost-saving measures for
clients.
3.5 AREAS OF CONCERN
Through our years of experience performing inspections at industrial/commercial sites, we have
experience dealing with difficult situations including hostile business representatives. Safety of our
inspectors is our most critical area of concern. Our inspectors are familiar with typical safety
hazards associated with field inspections at various industrial and commercial operations. When a
serious hazard is present that prevents safe completion of a site inspection, the inspection will be
stopped immediately and the City will be notified. Our field staff are 40-hour FIAZWOPER
certified and are familiar with general safety precautions including the proper use of personal
protective equipment, safe driving techniques, and traffic control. Field personnel will, at minimum,
adhere to site-specific safety requirements prescribed by the individual facilities being inspected.
3.6 SCOPE ENHANCEMENTS
We are always looking for ways to improve or make the inspection process more efficient and cost
effective. If interested, we can work with the City to develop electronic or web-based file sharing
L\MARKF."C\Pmp,-1,\2011 Propo-k\1IPROPII0II1.11023\Ciq-oESanm Ana\t IPROP 2 6 D-"'3ro 14
amec19
systems, similar to those we have developed for other municipalities. We also see tremendous value
providing consistency among inspection staff and have developed an extensive training program for
our staff. If in future years of the contract the City is interested in supplementing City staff to
complete industrial/ commercial inspections, we have a program in place and have significant
experience training municipal staff. A copy of our Training Guidelines are included in Appendix C.
SECTION 4 - EXCEPTIONS/DEVIATIONS
We are not proposing any technical or contractual deviations from the requirements in the RFP.
SECTION 5 - COST AND PRICE PROPOSAL
As noted on page 18 of the City's RFP, the cost has been provided under separate cover. This
includes three copies of Attachment 1.
SECTION 6 - CERTIFICATION OF NON-DISCRIMINATION
As requested by the City, a completed form (Attachment 3) is located immediately following this
page.
IIt'ROPUOi(ee)z3vGn 4 S,mn, vI,:l\ IIPRO PUl 10(H)2 r.??, 15
EXHIBIT B
FEE SCHEDULE
25D-38
ATTACHMENT 1
NPDES Commercial/industrial Inspecting Consulting and Related Services
PART I - LIST OF KEY PERSONNEL
Names Functions
Timothy S. Simpson, PE, GE Principal-in-Charge
Matthew Q. Lentz, REM, CPESC, CPSWQ, Project Manager
QSP/QSD
Database Management; Water Quality
Brent A. Smith, CPESC Compliant Investigation for ID/IC Program;
NPDES Compliance for Industrial/Commercial
Facilities
NPDES Compliance for Industrial/ Commercial
Michael Lowther, CPESC Facilities; Water Quality Compliant
Investigation for ID/IC Program
NPDES Compliance for Industrial/ Commercial
Coury McKinlay, CPESC, CPSWQ Facilities; Water Quality Compliant
Investigation for ID/IC Program
NPDES Compliance for Industrial/ Commercial
Maheshwar Mettu, PE Facilities; Water Quality Compliant
Investigation for ID/IC Program
PART II --- LIST OF SUBCONSULTANT/SUBCONSULTANTS
Subconsultant Name/Address Function
AEI-CASC
Contact: Mel Mathews Industrial/Commercial Inspections
937 South Via Lata, Suite 500
Colton, California 92324
Rain Tech
Contact: Linda McKnight Industrial/Commercial Inspections
3664 Harbor View Way
Oceanside, CA 92056
2501-39
ATTACHMENT 1
NPDES Commercial/industrial Inspecting Consulting and Related Services
PRICE SUMMARY SHEET
SCHEDULE I - HOURLY RATES
Name Job Job Function Fully Burdened
Title/Classification Hourly Rate
Timothy S. Simpson, PE, GE Principal Engineer Principal-in-Charge $250
Matthew Q. Lentz, REM,
CPESC, CPSWQ, QSP/QSD Senior Il Scientist Project Manager
$180
Mike Wallace Senior GIS Analyst Inventor Update GIS $170
Database Management;
Water Quality Compliant
Investigation for VIC
Brent A. Smith, CPESC Project 11 Scientist Program; NPDES
Compliance for
Industrial/Commercial
Facilities $130
NPDES Compliance for
Industrial/ Commercial
Michael Lowther, CPESC Project Engineer Facilities; Water Quality
Compliant Investigation
for ID/IC Program $100
NPDES Compliance for
Coury McKinlay, CPESC, Industrial/ Commercial
CPSWQ Project Scientist Facilities; Water Quality
Compliant Investigation
for VIC Program $100
NPDES Compliance for
Industrial/ Commercial
Maheshwar Mettu, PE Project Engineer Facilities; Water Quality
Compliant Investigation
for ID/IC Program $100
Mike O'Hearn AEI-CASC Senior Inspector Industrial/Commercial
Inspections
$100
Scientist Industrial/Commercial
Linda McKnight Rain Tech Inspections $80
Barbara Russell
Project Assistant Mailers/Project
Administration
$65
"Fully Burdened" rates include all overhead, general costs, administration costs and profit.
25D-40
ATTACHMENT 1
High Medium Low High Medium Low
Priority Priority Priority Priority Priority Priority Re-
Year Industrial Industrial Industrial Commercial Commercial Commercial Ina ectlons Total
2010/11 111 265 275 180 357 0 119 1307
Year 2010/11 Subtask Total
1.0 Subtask No. 1 - Commerciallindustrial Facility Database $14,100
Maintenance and Management
PersonneULabor Classifications required for this Subtask:
Project II Scientist 60 hours @ $130.00 = $7,800
Senior II Scientist 28 hours @ $180.00 = $5,040
Principal Engineer 3 hours @ $250.00 = $750
Senior UIS analyst 3 hours @ $170.00 - $510
2.0 Subtask No. 2 - Conduct Facility Inspections for Fiscal Year $163,810
2010/2011
Personnel/Labor Classifications required for this Subtask:
Rain Tech Inspector 220 hours @ $80.00 = $17,600
a1 I-CASC Senior Inspector 220 hours @ $100.00 = $22,000
Project IEngineer/Scientist 1000 hours @ S100.00 = $100,000
Project II Scientist 60 hours @ $130.00 - $7,800
Senior Il Scientist 40 hours @ $180.00 = $7,200
Project assistant 58 hours @ $65.00 = $3,770
Other Expenses
Postage 1000 letters @ $0.44 = $440
Mileage 100 days @ $0.50 - $5,000
3.0 Subtask No. 3 - Additional Program Assistance as Requested $20,000
Project I Scientist/Engineer 46 hours @ $100.00 = $4,600
Project II Scientist 30 hours @ $130.00 = $3,900
Senior II Scientist 50 hours @ $180.00 - $9,000
Principal Engineer 10 hours @ $250.00 = $2,500
Total Cost for Fiscal Year 2010/11 $197,910
*Be advised that there will be 3-4 months to accomplish the inspections outlined In the first year of the
contract. Please appropriate personnel as required to meet the first year inspection deadline.
25D-41
ATTACHMENT 1
High Medium Low High Medium Low
Priority Priority Priority Priority Priority Priority Re-
Year Industrial Industrial Industrial Commercial Commercial Commercial Inspections Total
2011/12 111 0 275 180 0 620 119 1305
Year 2011/12 Subtask Total
1.0 Subtask No. 1 - Commercial/Industrial Facility Database $29,150
Maintenance and Management
Personnel/Labor Classifications required for this Subtask:
Project II Scientist 150 hours @ $130.00 = $19,500
Senior II Scientist 48 hours @ $180.00 = $8,640
Principal Engineer 2 hours @ $250.00 = $500
Senior GIS Analyst 3 hours @ $170.00 = $510
2.0 Subtask No. 2 - Conduct Facility Inspections for Fiscal Year $166,820
2011/2012
Personnel/Labor Classifications required for this Subtask:
Rain Tech Inspector 220 hours @ $80.00 = $17,600
AEI-CASC Senior Inspector 220 hours @ $100.00 = $22,000
Project i Engineer/Scientist 1000 hours @ $100.00 = $100,000
Project II Scientist 60 hours @ $130.00 = $7,800
Senior 11 Scientist 30 hours @ $180.00 = $5,400
Project Assistant 132 hours @ $65.00 - $8,580
Other Expenses
Postage 1000 letters @ $0.44 = $440
Mileage 100 days @ $0.50 = $5,000
3.0 Subtask No. 3 - Additional Program Assistance as Requested $20,000
Personnel/Labor Classifications required for this Subtask:
Project I Scientist/Engineer 46 hours @ $100.00 = $4,600
Project II Scientist 30 hours @ $130.00 = $3,900
Senior 11 Scientist 50 hours @ $180.00 = $9,000
Principal Engineer 10 hours @ $250.00 = $2,500
Total Cost for Fiscal Year 2011/12 $215,970
25D-42
ATTACHMENT 1
High Medium Low High Medium Low
Priority Priority Priority Priority Priority Priority Re-
Year Industrial Industrial Industrial Commercial Commercial Commercial Ins ectlons Total
2012/13 111 0 275 180 0 620 119 1305
Year 2012/13 Subtask Total
1.0 Subtask No. 1 - Commercial/Industrial Facility Database $29,150
Maintenance and Management
Personnel/Labor Classifications required for this Subtask:
Project II Scientist 150 hours @ $130.00 - $19,500
Senior II Scientist 48 hours @ $180.00 - $8,640
Principal Engineer 2 hours @ $250.00 = $500
Senior GIS Analyst 3 hours @ $170.00 = $510
2.0 Subtask No. 2 - Conduct Facility Inspections for Fiscal Year $166,820
2012/2013
Personnel/Labor Classifications required for this Subtask:
Rain Tech Inspector 220 hours @ $80.00 = $17,600
AFI-CASC Senior Inspector 220 hours @ $100.00 = $22,000
Project I Engineer/Scientist 1000 hours @ $100.00 = $100,000
Project H Scientist 60 hours @ $130.00 = $7,800
Senior II Scientist 30 hours @ $180.00 = $5,400
Project assistant 132 hours @ $65.00 - $8,580
Other Expenses
Postage 1000 letters @ $0.44 = $440
Mileage 100 days @ $0.50 = $5,000
3.0 Subtask No. 3 - Additional Program Assistance as Requested
$20,000
Personnel/Labor Classifications required for this Subtask:
Project I Scientist/Engineer 46 hours @ $100.00 - $4,600
Project II Scientist 30 hours @ $130.00 = $3,900
Senior Il Scientist 50 hours @ S180.00 = $9,000
Principal l ngincer 10 hours @ $250.00 = $2,500
Total Cost for Fiscal Year 2012/13 $215,970
25D-43
ATTACHMENT 1
High Medium Low High Medium Low
Priority Priority Priority Priority Priority Priority Re-
Year Industrial Industrial Industrial Commercial Commercial Commercial Inspections Total
2013/14 111 0 275 180 0 620 119 1305
Year 2013/14 Subtask Total
1.0 Subtask No.1 - Commercial/Industrial Facility Database $29,150
Maintenance and Management
Personnel/Labor Classifications required for this Subtask:
Project II Scientist 150 hours @ $130.00 = $19,500
Senior II Scientist 48 hours @ $180.00 = $8,640
Principal Engineer 2 hours @ $250.00 = $500
Senior GIS Analyst 3 hours @ $170.00 = $510
2.0 Subtask No. 2 - Conduct Facility Inspections for Fiscal Year
$166,820
2013/2014
Personnel/Labor Classifications required for this Subtask:
Rain Tech Inspector 220 hours @ $80.00 = $17,600
AEI-CASC Senior Inspector 22 hours @ $100.00 = $22,000
Project I Engineer/Scientist i000 hours @ $100.00 = $100,000
Project IT Scientist 60 hours a $130.00 = $7,800
Senior 11 Scientist 30 hours @ $180.00 = $5,400
Project Assistant 132 hours @ $65.00 = $8,580
Other Expenses
Postage 1000 letters @ $0.44 = $440
;Mileage 100 days @ $0.50 = $5,000
3.0 Subtask No. 3 - Additional Program Assistance as Requested
$20,000
Personnel/Labor Classifications required for this Subtask:
Project I Scientist/Engineer 46 hours @ $100.00 - $4,600
Project IT Scientist 30 hours @ $130.00 = $3,900
Senior 11 Scientist 50 hours @ $180.00 = $9,000
Principal Engineer 10 hours @ $250.00 = $2,500
Total Cost for Fiscal Year 2013/14 $215,970
25D-44