HomeMy WebLinkAbout2021-06-22 - AGENDA REPORTS - CIMP CONTR FOR NPDES (2)8
Agenda Item:7
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: June 22, 2021
AWARD OF CONTRACTS FOR COORDINATED INTEGRATED
SUBJECT:
MONITORING PLAN IMPLEMENTATION AND NPDES PERMIT
COMPLIANCE
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council:
1. Award a three-year contract to Larry Walker and Associates to provide Coordinated
Integrated Monitoring Plan implementation data analysis and results investigation, consistent
with the approved Memorandum of Agreement for the National Pollutant Discharge
Elimination System Permit compliance between the City of Santa Clarita, Los Angeles
County, and Los Angeles County Flood Control District, in the amount of $627,594.
2. Award a three-year contract to Tetra Tech to provide Coordinated Integrated Monitoring Plan
field implementation of water quality monitoring, consistent with the approved
Memorandum of Agreement for the National Pollutant Discharge Elimination System Permit
compliance between the City of Santa Clarita, Los Angeles County, and Los Angeles County
Flood Control District, in the amount of $910,993.
3. Increase Miscellaneous Revenues Account 356-4621.001 by $290,591 for Fiscal Year (FY)
2020-21, $462,657 for FY 2021-22, $259,440 for FY 2022-23, $327,179 for FY 2023-24,
and $225,571 for FY 2024-25.
4. Appropriate $512,863 annually from the Stormwater Fund Balance, Fund 356, to Stormwater
Professional Services Expenditure Account 14600-5161.002.
5. Authorize the City Manager or designee to approve up to two, one-year contract extensions
for each of the contracts.
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BACKGROUND
City Council approval is needed to award a contract for the required water quality monitoring
program approved in the Coordinated Integrated Monitoring Plan (CIMP) to meet the
requirements of the state-issued National Pollutant Discharge Elimination System Permit
(NPDES Permit) regulating stormwater discharges. The CIMP specifically meets the monitoring
and reporting requirements of the NPDES Permit. On October 13, 2020, the City Council
approved a Memorandum of Agreement (MOA) with the Los Angeles County Department of
Public Works and the Los Angeles County Flood Control District regarding this work. This is the
second item to request City Council action to award contracts in 2021 for work that is part of that
MOA.
CIMP Objectives
The CIMP was developed to provide the information necessary to guide management decisions
in addition to providing a means to measure compliance with the NPDES Permit. Consistent
with those requirements, the CIMP objectives are the following:
Assess the chemical, physical, and biological impacts of discharges from the storm drains
on the Santa Clara River watershed;
Assess compliance with water quality limits;
Characterize pollutants in stormwater discharges;
Identify sources of pollutants in stormwater discharges; and
Adaptive management to improve the effectiveness of pollution reduction efforts.
the NPDES Permit means even though water quality in the Santa Clara River watershed and in
discharges from City storm drains are above allowable water quality limits, the City will not be
subject to state fines and enforcement or third-party litigation allowed under the federal Clean
Water Act and state water quality rules.
CIMP Monitoring and Reporting
l Services Division has managed the contract for water
quality monitoring and reporting in the Santa Clara River on behalf of the City, Los Angeles
County, and Los Angeles County Flood Control District (CIMP Group). The CIMP Group
agreed to, and City Council awarded, a contract to Tetra Tech to implement the CIMP in October
2015. That contract expires on June 30, 2021.
The City, in conjunction with the CIMP Group, developed a new CIMP implementation scope of
work that includes the following:
1. Receiving Water Monitoring - This is monitoring in the Santa Clara River for each reach
5, 6, and 7, as shown on the attached map. (A reach is a section of a stream or river along
which similar hydrologic conditions exist.) There are three samples required during wet
weather and two required during dry weather. The City coordinates with Los Angeles
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County Sanitation District to use the samples they collect rather than taking additional
samples to save money when possible.
2. Outfall Monitoring - This is sampling at the end of storm drain pipes. There are seven
locations for land use monitoring, two for each reach 5,6 and 7, plus Lake Elizabeth.
There are two additional outfalls in reach 6 that are required to be monitored because
they have persistent dry weather flow. Weekly outfall monitoring is required for E. coli
only.
3. Adaptive management investigations - When water quality monitoring shows a problem,
the CIMP requires investigations to determine the source of the pollution. This can
include opening manholes in the pipes upstream to determine flows or discharge,
additional water quality monitoring, research of discharge permits, additional storm drain
cleaning and other efforts to try to eliminate or document the source of the pollution, as
well as coordination with regulators and interpreting requirements.
4. Reporting - There are many reports to the City and to the Regional Water Quality Control
Board required to comply with the NPDES Permit. This necessitates coordination with
regulators on the interpretation of requirements.
5. Optional special studies - For this contract, there are several special studies to determine
pollution sources or risks of certain pollutants.
The water quality monitoring completed since 2016 has helped refine the locations and sources
of pollution in the Santa Clara River. However, there are several water quality concerns that
require increased investigation efforts and interpretation of requirements, while still consistently
performing required water quality monitoring.
RFP Process
The City conducted a Request for Proposal (RFP) to solicit proposals from qualified firms. The
ite on March 25, 2021. There were
45 companies that downloaded the RFP, and two proposals were received.
Written proposals were scored according to five categories:
Contractor and subcontractor qualifications, Plan of Study/Scope of Work, Program
Management
Experience on similar projects
Success with regulatory agency negotiation and approval
Work with multi agency coordination and collaboration
Thoroughness of proposal, approach to providing sound services, and ability to provide
services to meet objectives and standards
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A panel of City and Los Angeles County staff members evaluated and scored all responsive
proposals based on the selection criteria above. The results are shown below:
RANK COMPANY LOCATION SCORE
Proposal 1 Larry Walker and Associates Davis, CA 97
Proposal 2 Tetra Tech San Diego, CA 97
The evaluators found that each firm held a distinct strength in some, but not all, aspects of the
scope of work, resulting in identical scores. Consistent with allowed purchasing rules and
awarding two contracts.
Staff recommends a contract be awarded to Tetra Tech for $910,993, to continue the chemical,
physical, and biological monitoring of discharges from the storm drains on the Santa Clara River
watershed and for field work related adaptive management and future risk-based bacteria support
for special studies.
Staff recommends a contract be awarded to Larry Walker and Associates for $627,594 to assess
compliance with water quality limits, characterize pollutants in stormwater discharges, identify
sources of pollutants in stormwater discharges, special studies lead, adaptive management
analysis of the effectiveness of pollution reduction efforts, and the required CIMP update.
Special studies will be conducted provided the final Enhanced Watershed Management Program,
currently being revised, and water quality monitoring results continue to support that effort.
ALTERNATIVE ACTION
Other action decided by City Council.
FISCAL IMPACT
The procurement of this contract will require the appropriation of $512,863 annually through FY
2024-25 from the Stormwater Fund to Stormwater Professional Services Expenditure Account
14600-5161.002. This action has no impact to the General Fund. The contracts are subject to the
cost sharing Memorandum of Agreement with Los Angeles County approved by City Council on
October 13, 2020. Per the terms of this agreement, the City will be reimbursed by Los Angeles
County and the Los Angeles County Flood Control District in the amount of an additional
$290,591 for FY 2020-21, then $462,657 for FY 2021-22, $259,440 for FY 2022-23, $327,179
for FY 2023-24 and $225,571 for FY 2024-25.
ATTACHMENTS
USCR CIMP Proposal_Revised Scope and Cost_Tetra Tech_5-28-21
LWA SOW for USCR CIMP 2021-05-25
Water Quality Monitoring Locations Map
PROPOSAL # ES-20-21-30 (available in the City Clerk's Reading File)
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May 28, 2021
Heather Merenda
City of Santa Clarita
Environmental Services Division
23920 Valencia Blvd
Santa Clarita, CA 91355
Subject: REVISED SCOPE AND COST FOR COORDINATED INTEGRATED MONITORING PROGRAM
IMPLEMENTATION
Dear Ms. Merenda:
Per your request, b
proposed support for the Upper Santa Clara River (USCR) Coordinated Integrated Monitoring Program (CIMP)
implementation. This supplements the information that was included in our original proposed that was
submitted on April 27, 2021 (Proposal # ES-20-21-
Task 1: Project Management
o Task 1.1: Project Management and Coordination
o Task 1.2: Kick-Off Meeting
o No change to scope.
Task 2: Dry Weather Monitoring
o No change to scope.
Task 3: Weekly Bacteria TMDL Monitoring
o Task 3.1: Dry Season Weekly Bacteria Monitoring
o Task 3.2: Wet Season Weekly Bacteria Monitoring
o Task 3.2 removed from scope.
Task 4: Wet Weather Monitoring
o Task 4.1: Internal Wet Weather Monitoring Training
o Task 4.2: Stormwater Receiving Water and Outfall Monitoring
o No change to scope.
Task 5: NSW Source ID and Monitoring
o Task 5.1: Prioritized List of Outfalls
o Task 5.2: Significant NSW Source Identification and Outfall Monitoring
o Task 5.3: CIMP DW Monitoring Pollutant Source Investigation
o No change to Task 5.1. Tasks 5.2 and 5.3 removed from scope.
Task 6: Reporting
o Task 6.1: Post-Event Reports
o Task 6.2: Monthly Bacteria Data Report
o Task 6.3: Semi-Annual Report
o Task 6.4: Annual Report
o Task 6.5: Database Updates
o No change to Tasks 6.1, 6.3, and 6.5. Task 6.2 removed from scope. Task 6.4 revised cost -
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Tetra Tech will lead this task with strategic support from another consultant.
Tetra Tech Inc.
3475 East Foothill Boulevard, Suite 300, Pasadena, CA 91107
Tel 626.351.4664 Fax 626.351.5291 tetratech.com
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Tetra Tech Inc.
Task 7: Health and Safety and QA/QC
o Task 7.1: Health and Safety Plan Update
o Task 7.2: Quality Assurance Project Plan Update
o No change to scope.
Task 8: Laboratory Analysis
o Task 8.1: Laboratory Subcontracts
o Task 8.2: Weekly Bacteria Analysis
o Task 8.3: Dry Weather Event Analysis
o Task 8.4: Wet Weather Event Analysis
o Task 8.5: NSW Source Monitoring
o No change to scope.
Task 9: Freshwater Species Screening
o Removed from scope.
Task 10: Potential Special Studies (Optional as needed)
o
to the budgeted amount.
Task/Subtask Cost
Task 1: Project Management 95,050
Task 1.1: Project Management and Coordination 92,340
Task 1.2: Kick-Off Meeting 2,710
Task 2: Dry Weather Monitoring 51,810
Task 2.1: Dry Weather Monitoring 51,810
Task 3: Weekly Bacteria TMDL Monitoring 104,475 286,725
Task 3.1: Dry Season Weekly Bacteria Monitoring 104,475
Task 3.2: Wet Season Weekly Bacteria Monitoring 182,250
Task 4: Wet Weather Monitoring 132,569
Task 4.1: Internal Wet Weather Monitoring Training 9,555
Task 4.2: Stormwater Receiving Water and Outfall Monitoring 123,014
Task 5: NSW Source ID and Monitoring 28,760 124,395
Task 5.1: Prioritized List of Outfalls 28,760
Task 5.2: Significant NSW Source Identification and Outfall Monitoring 40,120
Task 5.3: CIMP DW Monitoring Pollutant Source Investigation 55,515
Task 6: Reporting 205,385 237,525
Task 6.1: Post-Event Reports 71,606
Task 6.2: Monthly Bacteria Data Reports 22,140
Task 6.3: Semi-Annual Reports 21,473
Task 6.4: Annual Reports 70,846 80,846
Task 6.5: Database Updates 41,460
Task 7: Health and Safety and QA/QC 18,370
Task 7.1: Health and Safety Plan Update 5,100
Task 7.2: Quality Assurance Project Plan Update 13,270
Task 8: Laboratory Analysis 236,610
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Task 8.1: Laboratory Subcontracts 10,460
Task 8.2: Weekly Bacteria Analysis 33,540
Task 8.3: Dry Weather Event Analysis 68,234
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Tetra Tech Inc.
Task/Subtask Cost
Task 8.4: Wet Weather Event Analysis 82,596
Task 8.5: NSW Source Monitoring 41,780
Task 9: Freshwater Species Screening 27,718
Task 10: Special Studies/Wet Weather Bacteria (Optional as needed) 37,964 89,150
Revised Total 910,993
Thank you for working with our team to refine the scope to support the City of Santa Clarita and the USCR
Watershed Management Group. Please let me know if you have any questions or need further information.
Sincerely,
Clint Boschen
Director / Principal Environmental Scientist, WTR Southwest
clint.boschen@tetratech.com
703.593.1803
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720 Wilshire Blvd, Ste 204 310.394.1036 www.lwa.com
Santa Monica, CA 90401 310.394.8959 fax
May 25, 2021
Heather Merenda
23920 Valencia Blvd., Suite 300
Santa Clarita CA 91355-2196
Dear Ms. Merenda,
Per your request, Larry Walker Associates (LWA) is providing the following scope and budget for
the Upper Santa Clara River Coordinated Integrated Monitoring Program (CIMP). LWA has
developed this scope and budget based on our proposal dated April 27, 2021, our strategic
thoughts on a pathway forward for the City to be successful in the upcoming permit term, and
our understanding that the City desires to maintain consistency in monitoring staff conducting
field work to avoid transition time.
LWA proposes to conduct the following tasks to provide the requested support for strategic
planning, data QA/QC support, source identification, special studies, CIMP updates, and
adaptive management reporting.
Task 1. Program Management
LWA will perform all needed program and project management activities under this task. To
effectively manage the project and communicate with the CIMP Group, the LWA Team will
utilize a combination of meetings and email updates to communicate the status of the project.
The LWA Team will conduct bi-monthly meetings during project implementation, including
presentations to the Group on the status of data analysis, special studies, and the draft semi-
annual and annual reports. The LWA Team will develop standardized templates for meeting
materials to minimize effort in developing agendas, meeting minutes, and progress reports.
Agendas will be prepared and distributed at least two business days prior to the meeting, and
meeting summaries will be submitted electronically within five business days after the meeting
date.
Task 2. Source ID Additional Monitoring
The NSW outfall screening has been completed, and two significant NSW outfall monitoring
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locations were identified, which are currently part of the Dry Weather monitoring. LWA’s
proposal considered an approach and budget to implement additional source ID monitoring at
existing outfalls or conduct up to two source identifications at new significant NSW discharges,
if identified in the future. The scale of the effort can span from a simple desktop exercise to an
extensive study. However, the level of effort needed to meet the Permit requirements is on the
lower end of the spectrum. Prior to developing a source identification approach, LWA will
outline options for the scope and scale of the process to ensure CIMP requirements are met,
the desired information is collected, and the costs match the Group’s expectations.
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Heather Merenda
May 25, 2021
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The specific outfall and contributing area will be assessed to create the appropriate approach to
determine if the observed flow is permitted or requires abatement. Depending on the
pollutant, air deposition, ground water plume, or soil sampling may be pertinent in addition to
or in place of upstream tracking. Depending on the location and planned activities, LWA will
coordinate with the City or County staff to allow the field investigations, traffic safety plans, and
access permits. However, the most cost-effective approach to meet the Permit requirements
we have utilized to date is a visual assessment of the outfall, and surrounding drainage shed to
identify flows to catch basins leading to the outfall. It should be noted that the Tentative Order
provides the flexibility to demonstrate that rescreening of outfalls is not necessary, which has
the potential to save significant costs. As the program moves forward, careful consideration
needs to be given to the potential impacts of identifying new outfalls as significant discharges
considering the expectations for addressing (i.e., treating or diverting) NSW discharges that are
determined to be illicit discharges (Part VI.D.10.b.v of the current Permit). As LWA has
facilitated a similar process with other CIMP groups, we can provide insights into the pros and
cons of approaches and support the Group’s selection of a preferred approach particularly if
the Group is interested in integrating the source identification process into a larger strategy
related to bacteria TMDL implementation and alternative regulatory approach to compliance
through a special study. Please see the special study section below for additional information.
Task 3. Reporting
The LWA Team will lead the development of information used to convey the status of the USCR
area to the CIMP Group and, ultimately,the Regional Boardand the broader public. We will
coordinate as appropriate with the CIMP Group to create and compliment the writing, revision,
and submittal of work products. The LWA Team will receive all required data for CIMP
implementation from the City to support reporting requirements. The data will be compiled in a
format comparable to the requirements of the California Environmental Data Exchange
Network (CEDEN) database. The work conducted under this task will include:
Obtaining all data from the City, performing all QA/QC analysis, and entering the data
into a database. The database will meet the format requirements of the Southern
California Municipal Stormwater Monitoring Coalition (SMC) and the CEDEN. The
database will be accessible to the Group.
Reviewing toxicity data collected at the County’s MES station in the context of the
Regional Board’s 2015 Toxicity Memo Through the monitoring programs the LWA Team
manages in the Los Angeles area, we are poised to interpret the toxicity data collected
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by the County FCD, and identify appropriate action, including resampling at additional
upstream receiving water or outfall sites as well as toxicity identification evaluation
(TIEs). Receiving water toxicity monitoring can potentially trigger the need to conduct
TIEs, additional toxicity sample collection at upstream receiving water or outfall
locations, the analysis of additional constituents at outfall locations, and Toxicity
Reduction Evaluations (TREs). Given the relatively infrequent occurrence of low levels of
toxicity seen since CIMP implementation, extensive toxicity monitoring and/or TIE
testing may not be necessary, but LWA can develop clear and understood processes for
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Heather Merenda
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conducting additional effortsto minimize the potential for missing requirements to
conduct upstream monitoring or inconclusive TIEs that would lead to more toxicity
monitoring.
Preparing the two semi-annual electronic data submittals in mid-June and mid-
December (submitted with the Annual Report). LWA Team will utilize our detailed
understanding of the EWMP, TMDLs and the Basin Plan to appropriately highlight
exceedances applicable to WQBELs, RWLs, non-stormwater action levels (NALs),
municipal action levels (MALs), and/or aquatic toxicity thresholds. Note that the
Tentative Order no longer includes NALs or MALs and, if adopted as is, would slightly
reduce reporting requirements. LWA’s approach to evaluating exceedances includes
consideration of all pathways for compliance in the Permit to limit the number of
potential permit exceedances reported. For example, outfall results are not in and of
themselves exceedances and should only be considered in relationship the receiving
water data to evaluate whether or not the MS4 is causing or contributing to an
exceedance. Additionally, it is critical to only report on applicable receiving water
limitations consistent with the approach developed by LA County MS4 Permittees for
identifying exceedances for the purposes of reporting under CIMPs (e.g., only analyzing
against dissolved metals objectives identified in the California Toxics Rule rather than
total metals, which are not applicable objectives). LWA has developed an exceedance
analysis tool to support the update to the EWMP. LWA will utilize the tool to conduct
the TMDL compliance tracking and conduct analysis of all monitoring data for
exceedances. The results from the compliance tracking and exceedance analysis will be
used to prepare the required semi-annual data submittals. The general approach is to
import the QA/QC’d data to the customized LWA exceedance analysis tool, which
contains all applicable limitations (including RWLs and TMDL targets), summed values
are calculated where needed (e.g., total PCBs) and then run the tool to identify
exceedances. Subsequently, LWA senior staff review the exceedance analysis to ensure
the analysis results are entirely accurate and reflect the reporting approach agreed to by
the Group. Complete drafts of the dataset and exceedance analysis will be provided in
advance per the approved schedule and revised based on comments.
Developing the water quality and watershed analysis chapters of the Annual Report. In
addition to highlighting exceedances, the Annual Monitoring Report (AMR) will be an
opportunity to gain an understanding of the full breadth of the monitoring results. This
includes appropriate consideration of the Permit’s requirements to evaluate trends in
wet and dry weather receiving water and outfall data. The trends analysis must carefully
consider conditions during the reporting year to ensure new data are analyzed against
comparable past years. For example, comparison of an above average wet year to the
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entire dataset rather than a comparable wet year could suggest a decrease in water
quality when conditions may actually be improving or staying the sameduring
comparable conditions. Using the body of analysis completed as part of the AMR and
LWA’s understanding of the EWMP and associated water quality priorities and
compliance challenges, LWA will provide recommendations for adaptive management in
response to the data.
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Heather Merenda
May 25, 2021
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Task 4. Updating Program Consistent with New Permit Requirements
Under this task, the LWA Team will review the new permit for any required updates and
provide strategic advice and recommendations for program improvements up to the budgeted
amount. This task will also include an evaluation of data collected under the new Permit
related to the sensitive species toxicity screening and the Table E-6 screening to ensure future
monitoring is consistent with the new Permit requirements. Additionally, the LWA Team will
prepare an updated CIMP consistent with the requirements of the new permit.
Task 5. Special Studies
Under this task, the LWA Team will work with the CIMP Group to identify special studies that
will lead to either more effective implementation or regulatory change to support compliance
with permit requirements.
As noted in our proposal, the LWA Team’s approach to developing special studies will vary
depending on the concern being evaluated and the desired outcome. Therefore, for any
requested special studies, the LWA Team proposes to conduct an evaluation to determine if a
particular Special Study may result in a favorable result and, if appropriate, prepare a work
plan, budget, and timeline to complete any selected special study. For the purpose of
establishing a budget for this task, the LWA Team has developed a proposed approach that will
be refined with the CIMP Group once the final approach has been determined.
Bacteria Special Studies
The LWA Team proposes to conduct two special studies to address bacteria. The first special
study will involve conducting the work necessary to modify the Bacteria TMDL to modify the
date for compliance with the geometric mean objective to the final wet weather compliance
deadline and incorporate flexibility identified in the Statewide Bacteria Provisions. The second
special study would support the transition to a risk-based compliance approach for bacteria.
The goal of the first special study would be to modify the TMDL compliance requirements to
reduce the costs of implementation and avoid the need to comply with the final geometric
mean limitations until the final wet weather compliance deadline in the TMDL (consistent with
other bacteria TMDLs in the region). For the first special study, LWA would conduct the
following tasks:
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1. Conduct an initial evaluation of the benefits of high and low flow suspensions in the
USCR for bacteria compliance.
2. Engage with the Regional Board and stakeholders to develop an understanding of the
technical and regulatory requirements and start the process of developing a Basin Plan
Amendment for a TMDL modification.
3. Conduct the necessary technical analysis to support the seasonal suspensions and other
TMDL modifications.
4. Prepare a draft and final technical report.
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Heather Merenda
May 25, 2021
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5.Support adoption of the revised TMDL.
The goal of the second study would be to support a transition to a risk-based approach to
compliance with the bacteria TMDL. As noted in our proposal, this type of study could be
conducted in two different ways; 1) support implementation by focusing resources and
targeting sources that pose the greatest risk (i.e., human sources), and 2) provide information
to support a fundamental regulatory change in how we assess attainment of recreational
beneficial uses. Following is a summary of the two approaches that could be utilized:
1. The most straightforward application is to collect human marker data in multiple
locations within the target waterbody as well as from outfalls over the course of
multiple sampling events. This “synoptic” survey approach provides a robust dataset by
which to conduct an assessment of potentially problematic areas and/or outfalls to
focus implementation efforts or prioritize for a later date if human markers are not
present or at extremely low levels. Further, collection of these data can be used to
support alternative BMPs, such as a human source reduction approach that is focused
on known sources within a drainage area rather than large BMP networks. Our Team is
currently working with permittees in the San Diego Region to utilize special study data
to incorporate a human source reduction approach as the mechanism for demonstrating
compliance with interim bacteria TMDL requirements in the MS4 permit.
2. Applying RNA/DNA testing to provide information to support a fundamental regulatory
change in assessing attainment of recreational beneficial uses is a vastly more complex
challenge. The potential approaches to address this issue can vary significantly in terms
of the level of effort and costs. At the simplest end is the collection of human marker
data to build a dataset that could in the future support discussions if the regulatory
agencies, through some other means, come to accept such an approach. On the other
end of the spectrum is conducting an assessment of the potential health risks to
recreators through the collection of both human marker data and pathogens that would
allow for the quantification of risk levels.
The proposed budget for the second special study would allow completion of the “synoptic
study” or an initial assessment of health risks to recreators that would support future
conversations with the Regional Board on a regulatory change.
Mercury and Iron
For this special study, the LWA Team proposes an initial evaluation of the laboratory analysis of
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mercury to assess whether mercury is a true constituent of concern, or if the elevated levels are
a result of the change in analytical method.
As noted in the proposal, the implementation of the EWMP can provide compliance coverage
for these constituents as long as the EWMP can be implemented on schedule. As a result,
conducting special studies for these constituents is not necessary in the near term, but could be
conducted in the future if warranted. The LWA Team would work with the CIMP Group to
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May 25, 2021
Page 6 of 6
determine the appropriate balance between implementation and special studies and the
appropriate timing for consideration of special studies for these constituents.
COST PROPOSAL
The LWA Team proposes to perform the tasks identified above for a not to exceed three-year
cost of $627,594. The following table summarizes the costs for the tasks identified above.
Table 1. Cost Estimate
Task No. Task Description Budget
1.0 Program Management $63,825
Monthly Reports $20,002
Bi-Monthly Check in Calls $21,770
Project Management$22,053
2.0 Source ID Additional Monitoring $35,030
Source ID Monitoring (if required) $13,256
Source ID Tech Memo (if required) $2,958
Source ID Screening (if required)$12,888
Source ID Screening Tech Memo (if required) $5,928
3.0 Reporting $172,850
Data Management and QA/QC $64,651
Evaluation of County FCD Toxicity Consistent with Attachment
$3,632
E/Regional Board 2015 Toxicity Memo
TMDL Compliance Tracking and Exceedances $23,707
Semi Annual Report "Data Dump" (draft and final) $4,936
Annual Report (draft and final) $75,923
4.0 Updating Program Consistent with New Permit Requirements $55,889
CIMP Update (Draft and Final) $20,128
Evaluation of New NPDES Permit Toxicity Screening Results $7,136
New NPDES Permit Changes $16,721
Strategic Planning $11,904
5.0 Special Studies (Optional) $300,000
Total Requested Services >>>>$627,594
We look forward to working with you on this project. Please feel free to contact Ashli Desai or
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Chris Minton if you have any questions about the proposed scope and budget.
Sincerely,
Ashli Desai
President, Larry Walker Associates
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Coordinated Integrated
Monitoring Program
Implementation
PROPOSAL#ES- 0 21a0
TABLE OF CONTENTS
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
SECTION A
NOTICE INVITING PROPOSALS
PROPOSAL INSTRUCTIONS
DOCUMENT CHECKLIST
SECTION B
SCOPE OF WORK
RESPONSE FORMAT AND SELECTION CRITERIA
SECTION C
NOTICE TO BIDDERS REGARDING CONTRACTUAL REQUIREMENTS
DESIGNATION OF SUBCONTRACTORS/SUBCONSULTANTS
REFERENCES
ACKNOWLEDGEMENT AND ACCEPTANCE OF SCOPE OF WORK
SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY PROPOSAL
PROPOSAL GUARANTEE BOND
SECTION D
SAMPLE PROFESSIONAL SERVICES AGREEMENT
LABOR AND MATERIALS BOND
FAITHFUL PERFORMANCE BOND
ATTACHMENT A
MAP OF MONITORING LOCATIONS
ATTACHMENT B
LIST OF MONITORING LOCATIONS
ATTACHMENT C
WATER QUALITY CHEMISTRY, TMDL, AND TOXICITY RESULTS
SECTION A
RFP Information & Instructions
CITY OF SANTA CLARITA NOTICE INVITING PROPOSALS
Project Name: Coordinated Integrated Monitoring Program Implementation
PROPOSAL #: ES-20-21-30
Proposal Closing: April 27, 2021
Last Day for Questions: April 19, 2021
Estimated Contract $1,200,000.00
Value:
Project Description: The Coordinated Integrated Monitoring Program (CIMP) is a part of compliance
with the National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175 (Permit),
which was adopted on November 8, 2012 by the Los Angeles Regional Water
Quality Control Board (Regional Board) and became effective December 28,
2012. Geographically, the CIMP covers the portion of the Upper Santa Clara
River in Los Angeles County, Los Angeles County Flood Control District and the
City of Santa Clarita that is regulated by the Permit. This Upper Santa Clara River
area encompasses approximately 121,423 acres.
Prevailing Wage: No
Required Contractor Only bids submitted by bidders (along with all listed subcontractors) that are
& Subcontractor currently registering and qualified to perform public work pursuant to Labor
Registration: Code Section 1725.5.
Bond Requirements: Yes
Contact Information: Danielle Marquez
dmarquez@santa-clarita.com
(661) 255-4936
Specifications for this request for proposals (RFP) may be downloaded from the City's Purchasing website
at: www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP
requirements. The specifications in this notice shall be considered a part of any contract made pursuant
thereto. A paper copy of the RFP documents is available upon request in the City Clerk's office, suite 120.
RFP Questions must be submitted electronically via the BidNet "Question and Answer" tab.
Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged
via BidNet in addition to a printed and signed version submitted with the proposal response. If addenda
are not signed and submitted with the proposal response, the submission may be deemed non-
responsive and rejected.
Dates Published: March 25, 2021
PROPOSAL INSTRUCTIONS
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
1. SUBMITTING PROPOSALS.
1.1. The response must be submitted on this form and include all forms provided or information
requested or required by the scope of work or specifications, (uploaded via BidNet).
1.2. All documentation of unit pricing or other cost breakdowns as outlined in this proposal must be
submitted to support the total proposed price.
1.3. Proposals/corrections received after the closing time will not be accepted. The City will not be
responsible for proposals not properly or timely, uploaded. Upon award, all submissions become
a matter of public record.
2. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is
the vendor's responsibility to monitor BidNet for release of the addenda prior to submission of the
quote to make certain the package is complete and all required addenda are included. This
information will be available via BidNet. Vendors are cautioned against relying on verbal information
in the preparation of proposal responses. All official information and guidance will be provided as
part of this solicitation or written addenda. Addenda, if issued by the Agency, will be transmitted via
BidNet. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed
version submitted with the proposal. If addenda are not signed and submitted with the proposal
response, the proposal may be deemed non -responsive and rejected.
3. AWARDS.
3.1. The City reserves the right to waive any informality in any proposal.
3.2. This RFP does not commit the City to award a contract, or to pay any amount incurred in the
preparation of the proposal. The City reserves the right to accept or reject all proposals received
as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part
or in its entirety. The City may require the selected consultant to participate in negotiations and
to submit such technical, price, or other revisions of the proposal as may result from negotiations.
The City reserves the right to extend the time allotted for the proposal, and to request a best and
final offer, should it be in its best interest to do so.
3.3. The proposal may be awarded in its entirety as proposed; however, the City reserves the right to
award elements of the work, independently, and to do portions "in-house." Additionally, the City
reserves the right to award subsequent work on this project based on information presented in
this proposal, without recourse to a separate or subsequent RFP process, should it be in its best
interest to do so.
3.4. The City may make an award based on partial items unless the proposal submitted is marked "All
or none." Where detailed specifications and/or standards are provided the City considers them
to be material and may accept or reject deviations. The list of proposals submitted will be posted
on BidNet, normally within 24 hours.
4. BONDS.
4.1. When deemed necessary by the City, proposal bonds shall be furnished by all vendors in the
amount of at least 10% of the total value of the proposal OR 10 % of the value of the 1st year of
service for service projects, to guarantee that proposers will enter into contract to furnish goods
or services at prices stated. The bonding company must be listed on Treasury Circular 570 and
licensed to operate in the state of California.
4.2. Likewise, a Performance Bond and/or Material and Labor bonds may be required of the
successful vendor when stated in the specification (cash deposit, certified or cashier's check or
money order may be substituted in lieu of either bond).
4.3. Original Bond or Cashier's Check MUST be received AT CITY HALL, 23920 Valencia Blvd., Santa
Clarita, CA 91355, ATTENTION SUITE 120 and marked with the words "PROPOSAL BOND FOR"
and the proposal #, NO LATER THAN the proposal due date and time, for the vendor to be
considered responsive.
5. BRAND NAMES. ALTERNATIVES. OR EQUIVALENTS.
5.1. The use of the name of a manufacturer, or any specific brand or make, in describing any item
contained in the solicitation document does not restrict vendors to the manufacturer or specific
article, this means is being used simply to indicate a quality and utility of the article desired; but
the goods on which bids/quotes/proposals are submitted must in all cases be equal in quality
and utility to those referred to. This exception applies solely to the material items in question
and does not supersede any other specifications or requirements cited. Materials differing from
stated specifications may be considered, provided such differences are clearly noted and
described, and provided further that such articles are considered by a City official to be in all
essential respects in compliance with the specifications.
5.2. If you plan on bidding/quoting/submitting a proposal with an alternative or equivalent product
please provide the cut sheet/spec sheet or detailed product description for the proposed
product via the BidNet Q&A section. For each product proposed documentation provided must
include a description reflecting the characteristics and level of quality that will satisfy the salient
physical, functional, or performance characteristics of "equal" products specified in the
solicitation. The proposal must also clearly identify the item by brand name (if any), and
make/model number. In addition, the proposal may include descriptive literature such as
illustrations, drawings, or a clear reference to previously furnished descriptive data or
information available to the City, and clearly describe any modifications the offeror plans to
make in a product to make it conform to the solicitation requirements. Staff will provide an
answer via BidNet if the proposed product will be considered.
5.3. Any alternatives or equivalent product proposals must be made prior to the last day for
questions. The City has the option of accepting or rejecting any alternative or equivalent
product. Exception is made on those items wherein identical supply has been determined a
necessity and the notation NO SUBSTITUTE has been used in the specification section.
6. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this
solicitation with the agreement of the successful vendor(s) and the City of Santa Clarita. The lack of
exception to this clause in vendor's response will be considered agreement. However, the City of
Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not
obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-
back" procurements.
7. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user
division and contract delivery may begin no later than fifteen (15) calendar days from receipt of order.
8. INVOICES. Invoices will be forwarded to:
City of Santa Clarita
Environmental Services
Attn: Heather Merenda
23920 Valencia Blvd. Ste. 295
Santa Clarita, CA 91355-2196
Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms
of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later.
9. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS. No BIDDER or subcontractor may be
listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless
registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with
limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].
No BIDDER or subcontractor may be awarded a contract for public work on a public works project
(awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations
pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and
enforcement by the Department of Industrial Relations.
10. PREPARATION. All proposals and required forms must be uploaded as laid out in the BidNet General
Attachments Section.
11. REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in
any proposal. The City may reject the proposal of any vendor who has previously failed to perform
properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who
is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any
vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa
Clarita.
12. RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this RFP may be renewed
annually, up to two times, in accordance with the terms of the contract. If not otherwise stated, the
contract may be renewed if the new pricing of the contract does not change more than the Consumer
Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area -Riverside -Orange
county area and prevailing wage rates, if applicable. The index level for the month preceding the
month of solicitation advertisement will become the beginning index. The price adjustment limit will
be the percentage change based on the difference between the beginning level or the adjustment
level last used and the index level for the period 90 days prior to the award anniversary. The final
adjusted amount will be determined by purchasing staff. If a price adjustment is not requested prior
to the award anniversary date, the previous year's rates will apply.
13. SUBCONTRACTORS. For all projects, the vendor must list any subcontractors that will be used, the
work to be performed by them, and total number of hours or percentage of time they will spend on
the project.
Each BIDDER must submit with his bid the following:
• The Full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or
legibly printed.
• The address of each firm.
• The telephone number at the place of business.
• Work to be performed by each subcontracting firm.
• Total approximate dollar amount of each subcontract.
• If sub -contractor is participating as a Disadvantaged Business Enterprise (DBE), the following
additional information is required on the "Designation of Subcontractors" form enclosed:
➢ Status as a DBE, age of the firm and the annual gross receipts.
• Submit the "Designation of Subcontractors" form enclosed herewith. No Contract shall be
considered unless such list is submitted as required.
Copies of subcontracts will be provided to the City Engineer upon his request.
14. TERMINATION. The City may terminate any purchase, service or contract with or without cause either
verbally or in writing at any time without penalty.
The City of Santa Clarita's "Terms and Conditions" is found on a separate attachment in BidNet.
DOCUMENTS CHECKLIST
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
In addition to the items requested for the proposal the following documents are required to be
completed and submitted by the proposer.
The following documents must be provided by ALL proposers:
Uploaded via BidNet (see Section C)
❑ Response File
❑ Cost File (to be submitted separately from Response File)
❑ Notice to Bidders Regarding Contractual Requirements
❑ Designation of Subcontractors/Subconsultants
❑ References
❑ Acknowledgement and Acceptance of Scope of Work
❑ Proposal Guarantee Bond
❑ All signed addendums (if any) — Digitally acknowledged on BidNet in addition to uploaded via
BidNet
The following documents must be provided by the AWARDEE ONLY (With Agreement)
Delivered to City Hall, Attn: Heather Merenda
❑ Professional Services Agreement
❑ Insurance Required by Contract
❑ W-9 Form
❑ Faithful Performance Bond
❑ Labor and Materials Bond
SECTION B
Solicitation Information
SCOPE OF WORK
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
EVENT
Solicitation advertisement
Last day for questions
Return of proposals
Evaluations of proposals
Contract award
1. BACKGROUND
DATE
March 25, 2021
April 19, 2021
April 27, 2021
April 28 — May 5, 2021
May 11, 2021
1.1. The Coordinated Integrated Monitoring Program (CIMP) is apart of compliance with the National
Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4)
Permit Order No. R4-2012-0175 (Permit), which was adopted on November 8, 2012 by the Los
Angeles Regional Water Quality Control Board (Regional Board) and became effective December
28, 2012. Geographically, the CIMP covers the portion of the Upper Santa Clara River in Los
Angeles County, Los Angeles County Flood Control District and the City of Santa Clarita that is
regulated by the Permit. This Upper Santa Clara River area encompasses approximately 121,423
acres.
1.2. The City of Santa Clarita, Los Angeles County Department of Public Works and Los Angeles County
Flood Control District (CIMP Group) collaborates through Memorandum of Agreement on the
implementation of the CIMP. In that agreement, the City of Santa Clarita performs project
management duties on behalf of the CIMP Group.
1.3. The CIMP Group and the existing firm perform water quality monitoring at three receiving water
monitoring locations, seven land use outfall monitoring locations, two significant dry weather
flow outfall monitoring locations (dry weather only). There is one location at Lake Elizabeth,
which is about 30 miles (45 minutes' drive) away from the main Santa Clara River.
1.4. The City's contract with the existing firm will expire on June 30, 2021. The CIMP Group requires
a new contract to fully implement the existing CIMP for a three-year contract with two annual
renewals available.
2. OBJECTIVES
2.1. The CIMP Group requires a new contractor to fully implement the existing CIMP for a three-year
contract with two annual renewals available. Additional special studies and monitoring as a result
of the New NPDES Permit will likely be necessary.
2.2. Sampling will include all pollutants in Attachment 3. This list may expand or contract with the
New NPDES Permit.
2.3. All samples are grab samples
2.4. The selected contractor will provide implementation of the Upper Santa Clara River CIMP
through the following elements.
2.4.1. Program management
2.4.2. Dry Weather Monitoring
2.4.3. Dry Weather Monitoring — Weekly Bacteria TMDL Monitoring
2.4.4. Wet Weather Monitoring
2.4.5. Source Identification Additional Monitoring
2.4.6. Reporting and Analysis
2.4.7. QAPP, Health and Safety
2.4.8. Laboratory Analysis
2.4.9. Toxicity
2.4.10. Optional Special Studies
2.4.11. New NPDES Permit Requirements
2.4.12. Optional BMP Monitoring
3. DEFINITIONS
3.1. CIMP - Coordinated Integrated Monitoring Program for Upper Santa Clara River
3.2. CIMP Group — City of Santa Clarita, Los Angeles County Department of Public Works, and Los
Angeles County Flood Control District
3.3. City - City of Santa Clarita
3.4. County — Los Angeles County Department of Public Works
3.5. County FCD — Los Angeles County Flood Control District
3.6. MS4 - Municipal Separate Storm Sewer System
3.7. Mass emissions site — monitoring location at the end of Reach 6 that is typically sampled by
County FCD denoted as SNT CLR 6 ME in Attachments 1 and 2
3.8. NPDES - National Pollutant Discharge Elimination System
3.9. New NPDES Permit - a proposed regional NPDES MS4 Permit currently in draft form being
considered for adoption likely in 2021 by the Regional Board
3.10. Permit— NPDES MS4 Permit Order No. R4-2012-0175 which was adopted on November 8, 2012
and amended on November 23, 2016 by the Regional Board
3.11. Regional Board - Los Angeles Regional Water Quality Control Board
3.12. TMDL- Total Maximum Daily Loads
4. SUPPLIER RESPONSIBILITIES
4.1. Program Management. The selected firm will be required to act independently and with
monthly oversight from the CIMP Group, with the City acting as primary contract manager
for the project.
4.1.1. Monthly reports — Along with monthly invoice, selected contractor shall submit
monthly reports outlining deliverables and work completed for that month. Invoice
shall have itemized work efforts consistent with the submitted costs, staff with rates
and hours worked, and budget tracking by category.
4.1.2. Monthly check in calls — Selected contractor shall work with CIMP Group to establish
an acceptable regular call in (currently 3rd Monday afternoon of each month) to go
over work, issues, and status. Selected contractor will develop and distribute agenda
and previous meeting summary in a timeline manner for the next meeting; take
meeting notes; develop online meeting space and occasional, post COVID in person
meetings; provide project tracking during meeting.
4.1.3. Coordination with County- In order to meet the Permit required sample schedule,
selected contractor shall designate a point person to coordinate receiving water and
outfall samples with County monitoring staff. This includes tracking storms,
coordination of deployment times, and collaborating post event to collect data.
4.1.4. Coordination with and Los Angeles County Sanitation District for dry weather samples
— As a cost saving measure, the CIMP Group works with Los Angeles County Sanitation
District for January and July dry weather samples. During this event, the CIMP Group
defers to Los Angeles County Sanitation District for their sample date and takes outfall
samples only. The County still takes their sample at their MES Site.
4.1.5. Tracking changes with New NDPES Permit to determine program adjustments in light
of new or re -interpreted requirements.
4.1.6. Permission coordination with Five Points (formerly known as Newhall Ranch) for
permission to access, QAPP, provide liability insurance for them) to access Reach 5
monitoring (entire reach is privately owned).
4.1.7. Conduct water quality monitoring as required in the CIMP and by the Permit and New
NDPES Permit as detailed below.
4.2. Dry Weather Monitoring
4.2.1. Dry weather monitoring shall occur at all outfalls denoted in Attachments 1 and 2 and
at the outfalls with significant dry weather flow in Attachment 2.
4.2.2. On a date in January and July each year that is outside of 72 hours of any rain event
normally determined by the Los Angeles County Sanitation District.
4.2.3. Coordinated with the Los Angeles County Sanitation District monitoring so that their
sampling is done at the same time the outfall sampling is done and Los Angeles County
for Mass Emissions site monitoring. City pays for two additional tests conducted (MTF
Assay Fecal Coliform and Soluble Phosphate Analysis) directly to the Los Angeles
County Sanitation District in order to get the total list of samples required.
4.2.4. The Mass Emission Site is coordinated with Los Angeles County for monitoring and rainfall
deployment. County will share the data with the selected firm for reporting and
assessment purposes once quality assurance is completed.
4.2.5. As a result of this coordination, typically the two dry weather sample events only
include the land use outfalls and the significant non-stormwater flow outfalls and not
the receiving water locations.
4.2.6. The New NPDES Permit generally requires a much longer list of pollutants to be
monitored for the first dry and wet weather samples. Non -detected or compliant
pollutants are not required to be monitored further. Therefore, the first dry weather
samples of the large list may require firm to collect those samples at all sites instead
of Los Angeles County Sanitation District coordination.
4.3. Dry Weather Monitoring — Weekly Bacteria TMDL Monitoring
4.3.1. Receiving water monitoring locations
4.3.2. Consistent with the Bacteria TMDL for the Santa Clara River, the CIMP Group requires
weekly e coli bacteria samples for TMDL 30-day geometric mean monitoring
4.3.2.1. The tracking will need to discern between dry and wet weather samples to calculate
separate 30-day geometric mean
4.3.3.The CIMP Group requires taking enough sample for DNA and/or RNA but not necessarily
testing the sample in order to source identify any exceedances.
4.4. Wet Weather Monitoring
4.4.1. Samples at two receiving water and seven land use outfall monitoring locations, but not the
significant non-stormwater outfalls. See locations in Attachments 1 and 2.
4.4.2. Coordinated with County for Mass Emissions site monitoring and rainfall deployment and
post event data sharing and analysis.
4.4.3. The CIMP sets the wet weather standards for 70% chance of a 1-inch storm or greater. This
threshold is modified when dry winters preclude the meeting of the 1-inch storm threshold.
This is typically discussed at the monthly meetings.
4.5. Source ID Additional Monitoring
4.5.1. Required when exceedances found in dry weather flow to determine potential sources of
flow
4.5.2. Goal is to identify as permitted or to identify and quantify the source of flow and pollutant
so that monitoring can cease and pollutant is abated, this may include studies of air
deposition, groundwater plume, and soil.
4.5.3.Generally, occurs during dry weather monitoring
4.5.4.Requires coordination with City or County staff for field operations, potentially traffic safety
plans, permits from Los Angeles County to enter their storm drains, pop manholes, etc.
4.5.5.Non-stormwater outfall screening (may be required under new permit cycle)
4.6. Reporting
4.6.1.Selected consultant should be able to coordinate and compliment CIMP Group staff and
processes to write, adjust, and submit to both CIMP Group and Regional Board various
reports currently required and additional work that New NPDES Permit may require.
4.6.2.All reporting of water quality data required by the bacteria TMDL, NPDES Permit, source
identification or enforcement action which will include but is not limited to
4.6.3.Technical memos after each monitoring event
4.6.4.Annual Report support for NPDES Permit — water quality and watershed analysis sections
4.6.5.Semi Annual Report "data dump"
4.6.6.TMDL compliance tracking of weekly data broken down by wet and dry weather
4.6.7.Exceedances of water quality standards
4.6.8.Potential additional need of entering water quality data into CEDEN if required
4.6.9.Conduct data analysis and compare the lab data with the applicable water quality standards.
4.7. QAPP, Health and Safety Plan required
4.7.1.QAPP consistent with NPDES Permit and any adjustments to comply with New NPDES Permit
and standard practices
4.7.2.QAPP review of laboratory analysis to determine efficacy of testing methods and results.
4.7.3.Quagga mussel spread prevention (dedicated equipment and shoe wear for each site)
4.7.4.COVID transmission prevention and adjustments if stay at home orders resurrect
4.8. Laboratory Analysis
4.8.1.Costs related to the first -year testing from large list on monitoring appendix
4.8.2.Identify labs used consistent with NPDES Permit and New NPDES Permit
4.8.3.Coordination with other backup labs if quality control starts to wane
4.8.4.DNA/RNA test lab
4.9. Toxicity (Potential)
4.9.1.Toxicity monitoring consistent with Attachment E and August 7, 2015 Memo from the
Regional Board
4.9.2.The New NPDES Permit will likely change as future toxicity monitoring could require a
change to include one year of monitoring for all four processes, and then the watershed
would need to use the most sensitive species test for first year. Cost breakdown for future
years.
4.9.3.Coordination with County will be required. Current effort requires County FCD to get the
toxicity results, with consultant working to interpret them and take follow-up samples at
other receiving water and outfall sites.
4.10. Potential Special studies (optional) — The CIMP Group may require more robust study and
analysis of water quality topics depending on compliance issues and data needs. Currently, the
pollutant studies that are most viable include:
4.10.1. Iron study for the purposed of delisted during the next 303(d) list process (TDS and other
groundwater issues east side coordination)
4.10.2. LREC 1
4.10.3. Natural Source Exclusion
4.10.4. RNA Sampling reach 6
4.10.5. Mercury study
4.10.6. Pesticides
5. DELIVERABLES
5.1. All reporting of water quality data required by the bacteria TMDL, NPDES Permit, source
identification or enforcement action. These will be required to which will include but is not
limited to
5.1.1.TMDL compliance tracking of weekly data broken down by wet and dry weather
5.1.2.Regular reporting of constituents that are exceeding of water quality standards and what
water quality standards are being met
5.1.3.Potential additional need of entering water quality data into CEDEN if required by New
NPDES Permit
5.1.4.Conduct data analysis and compare the lab data with the applicable water quality
standards.
5.1.5.Maps on non-stormwater discharge screening if needed
5.1.6.NPDES Permit Annual Report Watershed section
5.1.7.Sampling event reports and images
6. DUE DATES/SCHEDULES/TIMELINES
6.1. Provide all due dates, schedules of performance or timelines applicable to supplier
responsibilities and deliverables related to this scope of work for three years of the contract.
6.1.1.All reporting and scheduling
6.2. Currently NPDES Permit Annual Report due December 15 of each year
6.3. Currently six month "data dump" due June XX each year
6.4. TMDL Dry Weather compliance due April 2023
7. REPORTS AND MEETINGS
7.1.1.Monthly status reports and invoicing
7.1.2.Agendas and minutes for monthly check in calls
7.1.3.Monitoring data and analysis of exceedances
7.1.4.Technical memos after each monitoring event
7.1.5.Annual Report
7.1.6.Semi Annual Report "data dump"
7.2. QAPP, Health and Safety Plan
7.2.1. QAPP Approval consistent with NPDES Permit
7.2.2. Quagga mussel prevention
7.2.3. COVID
8. CITY and COUNTY RESPONSIBILITIES
8.1. City responsibilities:
8.1.1. City pays for two additional tests conducted (MTF Assay Fecal Coliform and Soluble
Phosphate Analysis) directly to the Los Angeles County Sanitation District.
8.1.2. City is CIMP Group contract manager dealing with contract issues, issuing and
payment of invoices.
8.1.3. City assures that the reporting is submitted on time to Regional Board and other
regulators
8.1.4. Ensure consultant has acquired the appropriate access permit from County, County
FCD or others to access locations
8.2. Describe each specific element that the County and County FCD is responsible for as it relates
to this project.
8.2.1.The Mass Emission Site is coordinated with County and County FCD for monitoring and
rainfall deployment. County and County FCD will share the data with the selected firm for
reporting and assessment purposes once quality assurance is completed.
8.2.2.To provide monitoring data from the existing Mass Emission Site owned and operated by
the County FCD. Data shall be limited to water column chemistry and aquatic toxicity, or any
additional monitoring required. Available information for the Mass Emission Site will be
provided to the City and consultant as needed to complete the required reporting.
8.2.3.Assist the City and consultant in obtaining any necessary permits from County FCD for access
to and construction within County FCD storm drains, channels, catch basins, and similar
properties and to grant access for water quality monitoring and assessment purposes
8.2.4.Submit the data from the mass emissions site data to the consultant and city to be
incorporated and submitted to the Regional Board. This data will be transmitted
electronically in a format that is needed for the report.
9. ATTACHMENTS
9.1. The attachments included in this RFP are listed below pertaining to the scope of work including
the title and what information is contained.
9.1.1. Attachment A: Map of Monitoring Locations
9.1.2. Attachment B: List of Monitoring Locations
9.1.3. Attachment C: Water Quality Chemistry, TMDL, and Toxicity Results
RESPONSE FORMAT AND SELECTION CRITERIA
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
1. RESPONSE FORMAT -The organization of the response and cost files is described in this section of the
RFP. All potential vendors must follow this format.
1.1. RESPONSE FILE:
1.1.1.Introduction -A general introduction and description of the proposal shall be provided.
The format of the introduction is at the discretion of the consultant.
1.1.2.References - The consultant shall provide a brief summary of any relevant experience on
similar projects.
1.1.3.Plan of Studv/Scope of Work- Describe the work program in implementation of Upper Santa
Clara Coordinated Integrated Monitoring Program (CIMP) with the City of Santa Clarita, Los
Angeles County Department of Public Works and/or Los Angeles County Flood Control
District (CIMP Group). Explain the proposed technical approach that addresses the specific
issues identified in this RFP. Provide a description of the relationships between these
activities. Include an explanation of any division of work proposed between the consultant
and individual members of or collectively with the CIMP Group. The organization of the plan
of study should be as follows:
1.1.3.1. TASK - A one or two sentence overview of a related group of subtasks or activities.
1.1.3.2. SUB -TASK - A detailed description of the work, including the methodology to be
performed, standards used or quality assurance process utilized. Generally one
to ten paragraphs depending upon the complexity of the activities described in
the subtask.
1.1.3.3. OUTPUT -A description of the result of this particular activity or sub -task.
1.1.3.4. The task, sub -task, and output format should be repeated throughout the plan
of study until all proposed work has been described.
1.1.4.Schedule - Describe the time schedule for each proposed task and subtask described in
Section B above. Proposed work periods and completion dates, as well as the anticipated
meeting dates, should also be identified.
1.1.4.1. Include allocation of staffing hours and what role each staff member will be
playing in the project.
1.1.5.Program Management - Indicate which method of program management will be used to
internally manage and direct this project. Provide the proposed project schedule on a time
line chart according to the selected system.
1.1.6.Personnel, Equipment, and Facilities - Describe the activities of the designated Project
Manager and lead/support personnel. Provide a resume for each person named, including
their qualifications (education and experience), as well as their relationship and cost to the
proposed project activities.
1.1.7.Sub-Consultants - List all sub -consultants proposed for this project and include their
qualifications and specific responsibilities.
1.1.8.Optional Special Studies — Please provide assumptions, approach, and how these studies
would coordinate with other required elements and in addition to the above items.
1.2. COST FILE — Statement of Offer and Signature - The proposal shall be signed by an individual
authorized to bind the consultant, shall contain a statement to the effect that the proposal is a
firm offer for a 120-day period, and shall contain a statement that the proposed work will be
performed at the "not -to -exceed" price with the hours breakdown by Task for each Member.
This will include all deliverables and meeting attendance as laid out in the scope of work.
1.2.1.Cost files must be submitted separately from the Response File.
2. SELECTION CRITERIA - The overall criteria are listed below. As proposals are considered by the City to
be more equal in their technical merit, the evaluated cost or price becomes more important so that
when technical proposals are evaluated as essentially equal, cost or price may be the deciding factor.
2.1. SCORING CRITERIA:
2.1.1.Contractor qualifications, Plan of Study/Scope of Work, Program Management
2.1.2.Experience on similar projects especially in the Santa Clara River.
2.1.3.Thoroughness of proposal, approach to providing sound services, and ability to provide
services to meet objectives and standards
2.1.4.Successful completion of projects and efforts that meet state requirements
2.1.5.Successful coordination within and with other entities, as well as tracking of wet weather
events, to achieve required samples independent of oversight
2.1.6.Ability to creatively modify programming, reporting and adaptive management process to
adjust to shifting regulations and policies from the Los Angeles Regional Water Qualtiy
Control Board and State Water Resources Control Board.
2.2. The CIMP Group reserves the right to request an optional interview as part of the
evaluation process to gain clarity on the proposal or to facilitate a decision among the evaluation
panel. The City and/or CIMP Group reserves the right to make a selection solely on the basis of the
proposals without further contact.
SECTION C
Forms
NOTICE TO BIDDERS REGARDING CONTRACTUAL REQUIREMENTS
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
1. SUMMARY OF CONTRACT REQUIREMENTS
a. A contract is required for any service performed on behalf of the City of Santa Clarita
(City). Contract language will be negotiated upon acceptance of proposal and prior to
commencement of work. Work cannot begin until the contract has been fully executed
by both parties.
2. SUMMARY OF INSURANCE REQUIREMENTS
a. These are the Insurance Requirements for Contractors providing services or supplies to
the City. By agreeing to perform the work or submitting a proposal, you verify that you
comply with and agree to be bound by these requirements. When Contract documents
are executed, the actual Contract language and Insurance Requirements may include
additional provisions as deemed appropriate by City's Risk Manager.
b. You should check with your Insurance advisors to verify compliance and determine if
additional coverage or limits may be needed to adequately insure your obligations
under this agreement. These are the minimum required and do not in any way
represent or imply that such coverage is sufficient to adequately cover the Contractor's
liability under this agreement. The full coverage and limits afforded under Contractor's
policies of Insurance shall be available to Buyer and these Insurance Requirements shall
not in any way act to reduce coverage that is broader or includes higher limits than
those required. The Insurance obligations under this agreement shall be: 1—all the
Insurance coverage and limits carried by or available to the Contractor; or 2—the
minimum Insurance requirements shown in this agreement, whichever is greater. Any
insurance proceeds in excess of the specified minimum limits and coverage required,
which are applicable to a given loss, shall be available to City.
c. Contractor shall furnish the City with original Certificates of Insurance including all
required amendatory endorsements and a copy of the Declarations and Endorsement
Page of the CGL policy listing all policy endorsements to City before work begins. City
reserves the right to require full -certified copies of all Insurance coverage and
endorsements.
3. INSURANCE
a. General Insurance Requirements
i. All insurance shall be primary insurance and shall name City of Santa Clarita as
an additional insured. The naming of an additional insured shall not affect any
recovery to which such additional insured would be entitled under the policy if
not named as an additional insured, and an additional insured shall not be held
liable for any premium or expense of any nature on the policy or any extension
thereof solely because they are an additional insured thereon.
ii. If the operation under this Agreement results in an increased or decreased risk
in the opinion of the City's Risk Manager, then Consultant agrees that the
minimum limits hereinabove designated shall be changed accordingly upon
written request by the Risk Manager.
iii. Consultant agrees that provisions of this Section as to maintenance of insurance
shall not be construed as limiting in any way the extent to which Consultant may
be held responsible for the payment of damages to persons or property
resulting from Consultant's activities, the activities of its subconsultants, or the
activities of any person or persons for which Consultant is otherwise
responsible.
iv. A Certificate of Insurance, and an additional insured endorsement (for general
and automobile liability), evidencing the above insurance coverage with a
company acceptable to the City's Risk Manager shall be submitted to City prior
to execution of this Agreement on behalf of the City.
v. The terms of the insurance policy or policies issued to provide the above
insurance coverage shall provide that said insurance may not be amended or
canceled by the carrier, for nonpayment of premiums otherwise, without 30
days prior written notice of amendment or cancellation to City. In the event the
said insurance is canceled, Consultant shall, prior to the cancellation date,
submit new evidence of insurance in the amounts heretofore established.
vi. All required insurance must be in effect prior to awarding this Agreement, and it
or a successor policy must be in effect for the duration of this Agreement.
Maintenance of proper insurance coverage is a material requirement of this
Agreement, and the failure to maintain and renew coverage or to provide
evidence of renewal may be treated by the City as a material breach of contract.
If Consultant, at any time during the term of this Agreement, should fail to
secure or maintain any insurance required under this Agreement, City shall be
permitted to obtain such insurance in Consultant's name at Consultant's sole
cost and expense, or may terminate this Agreement for material breach.
vii. Without limiting any other Consultant obligation regarding insurance, should
Consultant's insurance required by this Agreement be cancelled at any point
prior to expiration of the policy, Consultant must notify City within 24 hours of
receipt of notice of cancellation. Furthermore, Consultant must obtain
replacement coverage that meets all contractual requirements within 10 days of
the prior insurer's issuance of notice of cancellation. Consultant must ensure
that there is no lapse in coverage.
b. General Liability and Property Damage Insurance
i. Consultant agrees to procure and maintain general liability and property
damage insurance at its sole expense to protect against loss from liability
imposed by law for damages on account of bodily injury, including death
therefrom, and property damage, suffered or alleged to be suffered by any
person or persons whomsoever, resulting directly from any act or activities of
Consultant, its subconsultants, or any person acting for Consultant or under its
control or direction, and also to protect against loss from liability imposed by
law for damages to any property of any person caused directly or indirectly by
or from acts or activities of Consultant, or its subconsultants, or any person
acting for Consultant, or under its control or direction. Such public liability and
property damage insurance shall also provide for and protect City against
incurring any legal cost in defending claims for alleged loss. Such general
liability and property damage insurance shall be maintained in the following
minimum limits: A combined single -limit policy with coverage limits in the
amount of $1,000,000 per occurrence will be considered equivalent to the
required minimum limits.
c. Automotive Insurance
i. Consultant shall procure and maintain public liability and property damage
insurance coverage for automotive equipment with coverage limits of not less
than $1,000,000 combined single limit. If Consultant does not use automobiles
in performing its work under this Agreement, Consultant shall provide a waiver
releasing City from all liability resulting from Consultant's use of personal
vehicles under this Agreement.
d. Worker's Compensation Insurance
i. Consultant shall procure and maintain Worker's Compensation Insurance in the
amount of $1,000,000 per occurrence or as will fully comply with the laws of the
State of California and which shall indemnify, insure, and provide legal defense
for both Consultant and City against any loss, claim, or damage arising from any
injuries or occupational diseases happening to any worker employed by
Consultant in the course of carrying out this Agreement.
Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation
against City, its elected or appointed officers, officials, agents, volunteers and
employees for losses paid under the terms of the workers compensation policy
which arise from work performed by Consultant for City.
Questions and requests for modification of these terms must be negotiated and approved prior to
contract execution and are at the full discretion of the City.
I have read and understand the above requirements and agree to be bound by them for any work
performed for the City.
Authorized Signature:
Printed Name:
Date:
DESIGNATION OF SUBCONTRACTORS/SUBCONSULTANTS
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
The City of Santa Clarita has adopted a Disadvantaged Business Enterprise (DBE) Program to support federally funded procurements. The City
strongly encourages the participation of small and Disadvantaged Business Enterprises in its federally funded projects and this site is intended to
provide assistance to such businesses. Listed below are the names and locations of the places of business of each subcontractor, supplier, and
vendor who will perform work or labor or render service in excess of/: of 1 percent, or $10,000 (whichever is greater) of the prime contractor's
total bid: DBE status, age of firm and annual gross receipts are required if sub -contractor is participating as a DBE. If no Subcontractors will be
used fill out the form with NA. Please add additional sheets if needed.
Subcontractor DIR Registration No. Dollar Value of Work
Age of firm: B��Yee Ike Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item No's: Description of Work
License No. Exp. Date: / / Phone ( )
Subcontractor DIR Registration No. Dollar Value of Work
Age of firm: �Q�es Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item No's: Description of Work
License No. Exp. Date: / / Phone ( )
Subcontractor DIR Registration No. Dollar Value of Work
Age of firm: °C�Yes Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item No's: Description of Work
License No. Exp. Date: / / I Phone( )
NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a proposal, subject to the requirements of Section 4104 of
the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered
and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered
contractor to submit a proposal that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the
Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the
contract is awarded.
REFERENCES
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
City of Santa Clarita, California
The following are the names, addresses, and telephone numbers of three public agencies for which proposer
has performed work of a similar scope and size within the past 3 years. If the instructions on this form conflict
with the references requested in the scope of work, the scope of work shall govern. Complete this form out
accordingly. Fill out this form completely and upload it with your proposal.
1.
2.
3.
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom
Proposer intends to procure insurance bonds:
ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
By providing the three (3) required signatures below, the Contractor acknowledges full understanding,
complete agreement to, and accepts in its entirety, all Scope of Work for the Coordinated Integrated
Monitoring Program Implementation. The Contractor will be expected to perform maintenance practices
and uphold the standards herein to the established Scope of Work throughout the length of the contract.
*Supervisor's Signature: Date:
*Estimator's Signature: Date:
*Owner's Signature: Date:
*A11 three signatures required
SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY PROPOSAL
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
NOTE: The following form shall be used in case check accompanies proposal.
Accompanying this Proposal is a *certified/cashier's check payable to the order of the City of Santa Clarita
for: dollars ($ ), this amount being not
less than ten percent (10%) of the total amount of the first contract year (365 days) of this proposal. The
proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted
by said AGENCY through action of its legally constituted contracting authorities, and the undersigned shall
fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check
shall be returned to the undersigned.
Project Name: Coordinated Integrated Monitoring Program Implementation
Proposer's Signature
CONTRACTOR
Address
City, State, Zip Code
* Delete the inapplicable work.
NOTE: If the proposer desires to use a bond instead of a check, the following form shall be executed. The
sum of this bond shall be not less than ten percent (10%) of the total amount of the proposal.
PROPOSAL GUARANTEE BOND
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that ,as PROPOSER, and
, as SURETY, are held and firmly bound unto the
City of Santa Clarita, as AGENCY, in the penal sum of
dollars ($ ), which is ten percent (10%) of the total of first contract year (365 days) amount
which is proposed by PROPOSER, to AGENCY for the above -stated project, for the payment of which sum,
PROPOSER and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PROPOSER is about to submit a proposal
to AGENCY for the above -stated project, if said proposal is rejected, or if said proposal is accepted and the
contract is awarded and entered into by PROPOSER in the manner and time specified, then this obligation
shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.
IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this
day of 20_.
WIMO.9 C
SURETY*
Subscribed and sworn to this day of . 20_
NOTARY PUBLIC
*Provide PROPOSER and SURETY name, address, and telephone number and the name, title, address, and
telephone number for authorized representative.
IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current
list (Circular 570, as amended) and be authorized to transact business in the State where the project is
located.
SECTION D
Sample Contract
SAMPLE ONLY
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
FOR
This AGREEMENT by and between the
and general law city ("CITY") I
is dated
1.
CONSIDERATION.
(A) As partial consid2N
the SCOPE OF SERVICES, below;
CON-6
Council Approval Date:
Agenda Item:
Contract Amount:
�e
F ANTA ARITA, a municipal corporation
a
("CONSULTANT"), and
r
TANT agrees to perform the Services listed in
(B) As additional consideration', CONSULTANT and CITY agree to abide by the terms
and conditions contained in this Agreement; and
(C) s additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed
dollars ($ ) for CONSULTANT's Services. CITY may modify this
amount as set forth below)Unless otherwise specified by written amendment to this Agreement,
CITY will pay this sum as specified in the attached Exhibit(s) " " which is/are
incorporated by refev
e
2. SCOPE OF SERVICES.
(A) CONSULTANT will perform Services listed in the attached Exhibit(s)
which is/are incorporated by reference.
(B) CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials, equipment, printing,
vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation,
and all other means whatsoever, except as herein otherwise expressly specified to be furnished by
CITY, necessary or proper to perform and complete the Services and provide the professional
Services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. >*
(A) By executing this Agreement, CONSULT 'NT represents Ait has demonstrated
trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a
manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and
insurance experience, service experience, completion ability, personnel, current workload,
experience in dealing with private consultants, and experience in dealing with public agencies all
suggest that CONSULTANT is capable of performing the proposed contract and has a
demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
(B) CONSULTANT will perform its Services in a skillful manner, comply fully with
all City established criteria, and with all applicable federal, state, and local laws, codes, and
professional standards. W
(C) CONSULTANT agrees to comply with all applicable federal and state employment
laws regulations and rules including those that relate to minimum hours and wages, occupational
health and safety, workers compensation insurance and state, county and local orders.
(D) CONSULTANT will staff this Agreement with personnel qualified to adequately
and professionally perform the Services.
(E) CONSULTA�TAllot subcontract any portion of these Services without the
CITY's prior written; 1.
(F) CITY's approval of any payment, or conducting of any inspection, reviews,
approvals, or oral statements, or any governmental entity's certification, will in no way limit the
CONSULTANT's obligations under this Agreement or CONSULTANT's complete responsibility
for all Services hereunder.
4. PAYMEN'I'�_
(A) For CITY to pay CONSULTANT as specified by this Agreement and as provided
in attached Exhibit(s) " " , CONSULTANT must submit a detailed invoice to CITY
which lists the hours worked and hourly rates for each personnel category and reimbursable costs
(all as set forth in Exhibit(s) " " ) the tasks performed, the percentage of the task
completed during the billing period, the cumulative percentage completed for each task, the total
cost of that Services during the preceding billing month and a cumulative cash flow curve showing
projected and actual expenditures versus time to date.
(B) CITY may withhold all or a portion of payment otherwise due in the event that
Services are either improperly or not performed.
5. PROJECT COORDINATION AND SUPERVISION.
(A) CONSULTANT will assign as CONSULTANT's
Project Manager and will be responsible for job performance, negotiations, contractual matters,
and coordination with CITY's Project Manager. CONSULTANT may change its Project Manager
only with CITY consent.
(B) CITY will assign as CITY's Project Manager, will
be personally in charge of and personally supervise or perform the technical execution of the
project on a day-to-day basis on behalf of CITY, and will maintain direct communication with
CONSULTANT's Project Manager. CITY may change its Project Manager at any time with
notice to CONSULTANT.
6. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT
for current Services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT Services beyond the current fiscal year, this Agreement will
cover only those costs incurred up to the conclusion of the current fiscal year.
7. FAMILIARITY WITH SERVICES AND SITE.
(A) By executing this Agreement, CONSULTANT re nts that it has
(i) Carefully investigated and considered the scope of Services to be
performed; and 7
(ii) Carefully considered how the Services should be p ormed, and
(iii) Understands the facilities, difficulties, restrictions attending
performance of the Services under this Agreement.
(B) If the Services under this Agreement are to be performed upon any site, or otherwise
require CONSULTANT to access a site, by executing this Agreement CONSULTANT represents
that it has or will investigate the site and is or will be fully acquainted with the conditions there
existing, before commencing the Services under this Agreement.
8. TERM. AMIN.,
(A) The term of this Agreement will *be from to
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances: (1) Completion of the Services specified in Exhibit(s)
" ", or (2) Termination pursuant to Section 17 TERMINATION.
(B) Except as otherwise separately and expressly provided by the CITY in writing, the
provisions of this Agreement shall, survive any expiration, breach, or termination of this
Agreement, and*ny completion of the Services.
9. TIME FOR PERFORMANCE.
CONSULTANT will not perform any Services under this Agreement until:
(A) CONSULTANT furnishes proof of insurance as required under Section 24
INSURANCE; and
(B) CITY gives CONSULTANT a written notice to proceed.
Should CONSULTANT begin Services on any phase in advance of receiving written authorization
to proceed, any such professional Services are at CONSULTANT's own risk.
10. SCHEDULE OF PERFORMANCE AND EXTENSIONS.
(A) Should the progress of the Services under this Agreement at any time fall behind
schedule for any reason other than excusable delays CONSULTANT shall apply such additional
manpower and resources as necessary to bring progress of the Services under this Agreement back
on schedule and consistent with the standard of professional skill and cV required by this
Agreement. Time is of the essence in the performance of this Agreement.
(B) Should CONSULTANT be delayed by causes beyond CONSULTANT's control,
CITY may grant a time extension for the completionrof the contracted Services. If delay occurs,
CONSULTANT must notify the CITY's designated representative within forty-eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The CITY will extend the completion time, when appropriate, for the
completion of the contracted Services. 'J, _
11. CHANGES. CITY may order -lean e Services within the general scope of this
Agreement, consisting of additions, Aetiot s, o r r visions, and the contract sum and the
contract time will be adjusted accordingly. All s changes must be authorized in writing,
t or e executed by CONSULTANT and CITY. The co!dit to CITY resulting from changes in the
Services will be determined in accordance with written agreement between the parties.
12. ADDITIONAL SERVICES.
(A) The CITY may reques O SULTANT to provide Services in addition to Scope
of Services, called "Additional Servic ". Additional Services that incur additional costs
(contingency) of up to 15% of the total contract amount must be authorized by CITY by change
order or other documented means. Costs beyond this amount must first be approved by CITY in
accordance with applicable thresholds and procedures. Additional Services must be authorized by
CITY in writing prior to performance. CONSULTANT shall be compensated for Additional
Services a set fo hibit(s) " or as specified in the written authorization.
(B) ONSU TANT believes Additional Services are needed to complete the Scope
of Services, CO U NT will provide the CITY with written notification that contains a
specific description -,the proposed additional Services, reasons for such additional Services, and
a detailed proposal regarding cost. CITY is under no obligation to approve any increase in the
agreed -upon costs for the performance of this Agreement.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of Services under this Agreement.
14. SITE INSPECTION; DISCOVERY OF HAZARDOUS MATERIALS OR LATENT
CONDITIONS. The discovery, presence, handling or removal of haza,40,aus substances is outside
of CONSULTANT's expertise, unless otherwise specified in ExZib " , and is not
included in the scope of Services. Should CONSULTANT disny hazardous material, or
latent or unknown conditions that may materially affect thrmance of the Services,
CONSULTANT will immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
15. PREVAILING WAGES. CONSULTANT sh ply with the California Prevailing
Wage Law to the extent it applies to work performed er this Agreement. If applicable,
CONSULTANT shall pay prevailing wages to its employees and shall comply with the additional
provisions set forth below:
l
(A) CONSULTANT shall pay prevailing wages to its employees on any agreement
when required by applicable law. Copies of the general prevailing rates of per diem wages for
each craft, classification, or type of worker needed to execute the Agreement, as determined by
the Director of the State of California Department of Industrial Relations, are on file at the
County's Capital Projects Office and may be obtained from the California Department of Industrial
Relations website httD://www.dir.ca.s4ov/OPRL/DPre)Yas4eDetermination.htm. CONSULTANT
shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for
all employees, pursuant to the Californiaabor Code. CONSULTANT and all subconsultants
shall keep and maintain accurate employee payroll records for Work performed under the
Agreement. The payroll records shall be certified and submitted as required by law, including
Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no
less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5
in the hiring of apprentices for work relating to the Agreement.
Ik .�,
(B) CONSULTANT acknowledges and agrees that it will comply with AB 1768
(effective January 1, 2020), which amended and expanded the definition of "construction" for
which prevailing wages must be paid to include "work performed during the design, site
assessment, feasibility study, and other pre -construction phases of construction ... regardless of
whether any further construction work is conducted... "
(C) CONSULTANT shall forfeit, as a penalty to Owner, the penalty or penalties as
provided by the California Labor Code, for each laborer, workman, or mechanic employed in
performing labor in and about the Work provided for in the Agreement for each day, or portion
thereof, that such laborer, workman or mechanic is paid less than the said stipulated rates for any
work done under the Agreement by him or her or by any Subconsultant under him or her, in
violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division 11 of the California Labor Code. The
sums and amounts which shall be forfeited pursuant to this Paragraph and the terms of the
California Labor Code shall be withheld and retained from payments due to CONSULTANT the
California Labor Code, but no sum shall be so withheld, retained or forfeited except from the final
payment without a full investigation by either the State Department of Industrial Relations or by
Owner. The Labor Commissioner pursuant to California Labor Code §1775 shall determine the
final amount of forfeiture.
(D) CONSULTANT shall insert in every subcontract or other arrangement which
CONSULTANT may make for performance of Work or labor on Work provided for in the
Agreement provision that Subconsultant shall pay persons performing labor or rendering service
under subcontract or other arrangement not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the Work is performed, and not less than
the general prevailing rate of per diem wages for holiday and overtime work fixed in the California
Labor Code.
(E) CONSULTANT and Subconsultants must keep accurate payroll records, showing
the name, address, social security number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by him or her in connection with the Work of the Agreement
Documents. Each payroll record shall contain or be verified by a written declaration as required
by Labor Code Section 1776. The payroll records enumerated above must be certified and shall
be available for inspection at all reasonable hours at the,>principal office of CONSULTANT as
required by Labor Code Section 1776. This Project is subject to prevailing wage compliance
monitoring and enforcement by the Department of Industrial Relations.
16. WAIVER. CITY's review or acceptance of, or payment for, er ices or product prepared
by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
17. TERMINATION.
(A) Termination for Convenience. CITY may terminate this Agreement at any time
with or without cause by written notice to CONSULTANT.
0-,,
(i) CONSULTANT will be entitled to recover its costs expended up to the
termination plus reasonable profit thereon to the termination date not to exceed the total costs
under Section l(C), but may recover no other loss, cost, damage, or expense.
(B) Termination for Cause. CITY may terminate this Agreement in whole or part for
default should CONSULTANT commit a material breach of this Agreement, and such breach has
not been cured within fifteen (15) calendar days of the date of CITY's written notice to
CONSULTANT demanding such cure. In the event CITY terminates this Agreement for default,
CONSULTANT will be liable to CITY for all costs to cure the deficiencies, and all loss, cost,
expense, damage, and liability resulting from such breach and termination.
(C) Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination notice. Except as
otherwise provided in the termination notice, any Services performed by CONSULTANT after
receiving a termination notice will be performed at CONSULTANT'S own cost; CITY will not be
obligated to compensate CONSULTANT for such Services.
(D) Upon a termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by CONSULTANT will become CITY's
property and CONSULTANT will delivery any such items in its possession to CITY within thirty
(30) days of termination.
(E) Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms Services similar to those terminated.
18. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials as desired, but will
deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's Services for purposes other than identified in this Agreement is at CITY's own
risk.
19. PUBLICATION OF DOCUMENTS. Except as necessary for performance under this
Agreement, CONSULTANT will not release copies, sketches, or graphs of materials, including
graphic art services, prepared pursuant to this Agreement to any other person or public entity
without CITY's prior written approval. All press releases, including graphic display information
to be published in newspapers or magazines, will be approved and distributed solely by CITY,
unless otherwise provided by written agreement between the parties.
20. INDEMNIFICATION AND LIABILITY.
w
(A) To the fullest extent permitted by law, CONSULTANT shall defend (with legal
counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers,
agents, departments, officials, representatives and employees (collectively "Indemnitees") from
and against any and all claims, loss, cost, damage, injury (including, without limitation, economic
harm, injury to or death of an employee ofeCONSULTANT or its subconsultants), expense and
liability of every kind, nature and description that arise from or relate to (including, without
limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses
and fees of expe , , ultants or expert witnesses incurred in connection therewith and costs of
investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1)
CONSULTANT's performance of Services under this Agreement, or any part thereof, (including
any additional services authorized by CITY in writing) (2) any negligent act or omission of
CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone
that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret,
trade name, trademark, service mark or any other intellectual or proprietary right of any person or
persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be
supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively
"Liabilities"). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not
apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such
Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations
of California Civil Code section 2782.8 as to any design professional services performed by
CONSULTANT and in particular the limitation on CONSULTANT's duty to defend whereby
such duty only arises for claims relating to the negligence, recklessness or willful misconduct of
CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only
bear such cost in proportion to CONSULTANT's proportionate percentage of fault (except as
otherwise provided in section 2782.8).
(B) The foregoing indemnification provisions will not reduce or affect other rights or
obligations which would otherwise exist in favor of the CITY and other Indemnitees.
(C) CONSULTANT shall place in its subconsulting agreements and cause its
subconsultants to agree to indemnities and insurance obligations in favor of CITY and other
Indemnitees in the exact form and substance of those contained in this Agreement.
21. ASSIGNABILITY. This Agreement is for CONSULTANT'S professional services.
CONSULTANT or any subconsultant's attempts to assign the AM
fi'Es or burdens of this
Agreement without CITY's written approval are prohibited and will and void.
22. INDEPENDENT CONTRACTOR. CONSULTANT shall at all times be deemed an
independent contractor wholly responsible for the manner in which it performs the Services, and
fully liable for the acts and omissions of jts employees, subconsultants and agents. Under no
circumstances shall this Agreement be construed as creating an employment, agency, joint venture
or partnership relationship between CITY and CONSULTANT, and no such relationship shall be
implied from performance of this Agreement. Terms in this Agreement referring to direction from
CITY shall be construed as providing for direction as to policy and the result of Services only, and
not as to means and methods by which such a result is obtained. CONSULTANT shall pay all
taxes (including California sales and use taxes) levied upon this Agreement, the transaction, or the
Services and/or goods delivered pursuant hereto without additional compensation, regardless of
which party has liability for such tax under applicable law, and any deficiency, interest or penalty
asserted with respect thereto. CONSULTANT shall pay all other taxes including but not limited
to any applicable City business tax, not explicitly assumed in writing by CITY hereunder.
CONSULTANT shall comply with all valid administrative regulations respecting the assumption
of liability for the payment of payroll taxes and contributions as above described and to provide
any necessary information witlpect thereto to proper authorities. CONSULTANT has no
authority to bind the
23. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all Services and matters covered under this Agreement. Those records include, without
limitation, correspondence, internal memoranda, calculations, books and accounts, accounting
records documenting its services under its Agreement, and invoices, payrolls, records and all other
data related to matters covered by this Agreement. CITY and its designees will have free access
at all reasonable times to such records, including the right to audit, examine, and make copies,
excerpts, and transcripts from such records, and to inspect all program data, documents,
proceedings and activities. If CITY receives funds from another governmental entity for the
payment in whole or part of the Services, that governmental entity will have all rights the CITY
has under this Section. CONSULTANT will retain all records subject to this Section for at least
three (3) years after termination or final payment under this Agreement.
24. INSURANCE. [All insurance terms subject to review and approval of City Risk
Manager/
(A) Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance
Limits
Commercial general liability:
$1,0 000
Professional liability
$1,000,
Business automobile liability
$1,000,000
Workers compensation
Statutory re rement
(B) Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a
combined single limit per occurrence for bodily injury, personal injury, and property damage for
the policy coverage. Automobile coverage will be written on ISO Business Auto Coverage
Form CA 00 0106 92, including symbol 1 (Any Auto). Liability policies will be endorsed to
name CITY, its officials, and employees as "additional insureds" under said insurance coverage
and to state that such insurance will be deemed "primary" such that any other insurance that may
be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form
No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except upon thirty (30)
days prior written notice to CITY.
(C) Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is provided on a
"claims made basis," CONSULTANT will continue to renew the insurance for a period of at
least three (3) years after this Agreement expires or is terminated. Such insurance will have the
same coverage and limits as the policy that was in effect during the term of this Agreement, and
will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of
CONSULTANT, or its office s, employees or agents during the time this Agreement was in
effect.
(D) CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement, including
endorsements, and such other evidence of insurance or copies of policies as may be reasonably
required by CITY from time to time. Insurance must be placed with California -admitted insurers
with (other than workers compensation) a current A.M. Best Company Rating of at least
"A:VIL"
(E) Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation
against CITY, its elected or appointed officers, officials, agents, volunteers and employees for
losses paid under the terms of the workers compensation policy which arise from w rk
performed by CONSULTANT for CITY. 40
(F) Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and
deduct the cost of such insurance from payments due to CONSULTANT under this Agreement
or terminate pursuant to contract language. In the alternative, should CONSULTANT fail to
meet any of the insurance requirements under the Agreement, City may terminate this
Agreement immediately with no penalty. '47r,
(G) Should CONSULTANT'S insurance required by this Agreement be cancelled at
any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of
receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement
coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of
notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage.
(H) The CITY shall be entitled to any coverage in excess of the minimums required
herein.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the Services, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the Services remaining and a
description of the Services to be done before the next schedule update.
26. DISPUTE RESOLUTION.
(A) In the event of any dispute between CONSULTANT and CITY regarding any
claim, demand or request by CONSULTANT for time, money, or additional compensation for any
reason whatsoever CONSULTANT shall submit to CITY, within 21 days of CONSULTANT's
first knowledge of the dispute, a written description of CONSULTANT's claim, demand or request
that provides a narrative of the pertinent events, the contractual basis of the CONSULTANT's
position, pricing calculations (if applicable) and attaches supporting documentation. CITY will
then review the issue and make a decision thereon. If CONSULTANT shall fail to provide timely
notice of any such claim, demand or request, then CONSULTANT shall waive is rights to such
claim, demand or request, unless CONSULTANT can demonstrate a manifest lack of prejudice to
CITY resulting from such late notice. CONSULTANT shall continue its work throughout the
course of any dispute, and CONSULTANT's failure to continue work during a dispute shall be a
material breach of this Agreement.
(B) If the CITY denies CONSULTANT's claim, demand, or request in whole or part
and CONSULTANT disagrees, and the claim, demand or request exceeds $50,000 then the parties
shall, as a precondition to initiating litigation, submit the dispute claim, demand, or request to the
Los Angeles JAMS office for non -binding mediation under the appropriate rules. The parties may
agree to any other dispute resolution process. Nothing herein will limit,.CONSULTANT'S
obligation to timely submit to CITY a statutory Government Code Claim, i accordance with
Government Code sections 910 et seq.
27. NOTICES. All communications to either party by the other party will be deemed made
when received by such parry at its respective name and address as follows:
If to CONSULTANT: If to CITY:
City of Santa Clarita
ATTN: Kenneth W. Striplin, City Manager
23920 Valencia Boulevard, Suite 300
ATTN: Santa Clarita, CA 91355
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three days after deposit thereof in the United,States mail, postage prepaid and
properly addressed as noted above. In all other instances, notices will be deemed given at the time
of actual delivery. Changes may be made in the names or addresses of persons to whom notices
are to be given by giving notice in the manner prescribed in this Section.
28. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the
City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify
the CITY pursuant to Section 27 NOTICES of any staff changes relating to this Agreement.
(A) In accomplishing the Scope of Services of this Agreement, all officers, employees
and/or agents of CONSULTANT(S), unless as indicated in Subsection (B), will be performing a
very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest
arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT,
except as indicated in Subsection (B).
Initials of Consultant
(B) In accomplishing the Scope of Services of this Agreement, CONSULTANT will
be performing a specialized or general service for the CITY, and there is substantial likelihood that
the CONSULTANT's Services product will be presented, either written or orally, for the purpose
of influencing a governmental decision. As a result, the following CONSULTANT personnel shall
be subject to the Disclosure Category "1" of the CITY's Conflict of Interest Code:
29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide`-mployee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid not`' as it agreed to
pay any company or person, other than CONSULTANT's bona fide empl ee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent on or resulting
from the award or making of this Agreement. Should ONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without li ity. !
30. THIRD PARTY BENEFICIARIES. CONSULTA T's subconsultants shall agree to be
bound to the terms of the Agreement to the extent of their scope of services, including but not
limited to, terms regarding indemnity and dispute resolution, and shall agree that CITY is deemed
an express third party beneficiaries of their subconsultant agreement. Nothing in this Agreement,
however, shall operate to confer such or similar rights or benefits on persons or entities not party
to this Agreement.
31. INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California. The exclusive venue for any action involving
this Agreement will be in Los Angeles County.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties with respect to the subject matter hereof. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
There is/are ( ) Exhibits (s) to this Agreement. To the extent of a conflict between this
Agreement and one of the Exhibits, the terms of the Agreement shall take precedence. This
Agreement willCb*d inure to the benefit of the parties to this Agreement and any subsequent
successors and33. RULESJcsel.
CTION. Each party had the opportunity to independently review
this Agreement with legAccordingly, this Agreement will be construed simply, as a
whole, and in accordarict with its fair meaning; it will not be interpreted strictly for or against
either party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent
necessary in the opinion of the court to render such portion enforceable and, as so modified, such
portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The parties represent and warrant that all necessary
action has been taken by the parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. To the extent of any contingency above the original
Agreement amount previously approved by the CITY's City Council, additional Services may be
added to this Agreement by an additional authorization executed by both parties. This Agreement
may be otherwise modified by written amendment, which generally requires approval of the
CITY's City Council. CITY's City Manager, or designee, may execute any such authorization or
amendment on behalf of CITY.
36. CAPTIONS. The captions of the sections and paragraphs of this Agreement are for
convenience of reference only and will not affect the interpretation of this Agreement.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. DELAY. CONSULTANT shall complete all Services required by this Agreement within
the times specified in the Agreement, except where (1) an event outside ofNSULTANT's
reasonable control causes a delay and (2) CONSULTANT promptly advises ITY of such delay
(such prompt notice to occur no more than 15 days after the first occurrence of the delay). Such
events shall be limited to: acts of neglect by CITY or CITY's agents or by consultants when acting
at CITY's direction; breaches of this Agreement by CITY; Acts of God such as fire and flood;
explosion, acts of terrorism, war and embargo; and other similar causes beyond the Parties'
reasonable control. In the event of an excusable delay the City ma elect whether to terminate this
Agreement or extend the time for performance.
39. PROTECTION OF RESIDENT WORKERS. The CI tiv y supports the
Immigration and Nationality Act (INA) which includes provisions addressing employment
eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire
only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.,
and aliens authorized to work in the U.S.). The employer must verify the identity and employment
eligibility of anyone to be hired, which includes completing the Employment Eligibility
Verification Form (Form I-9), reviewing required proofs of both identify and employment
authorization, and retaining the Form I-9 for the required period. Updated form I-9 information is
available at www_uscis.gov. The CONSULTANT shall establish appropriate procedures and
controls so no Services or products under the Agreement will be performed or manufactured by
any worker who is not legally eligible to perform such Services or employment.
40. FACSINIILE OR ELECTRONIC TRANSNIISSION OF CONTRACT AND
SIGNATURE. The parties agree that this Agreement may be transmitted and signed by facsimile
or electronic mail by either/any or both/all parties, and that such signatures shall have the same
force and effect as original signatures, in accordance with California Government Code section
16.5 and Civil Code section 1633.7. ly
41. STANDARD SUPPLEMENTAL PROVISIONS. Notwithstanding Section 32 ENTIRE
AGREEMENT above, the following: Standard Supplemental Provision(s), attached to this
Agreement, is(are) incorporated lacre�i'by this reference and takes precedence over any conflicting
provision of this Agreement: [1h ert name of any applicable SSP(s), and attach only that
SSP(s)—omit remaining SSP(s). Insert "None" if applicable. J
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this contract on the date set forth
below.
FOR CONSULTANT:
Print Name & Title
Date:
FOR CITY OF SANTA CLAR
KENNETH W. STRIPLIN, CITY MANAGER
1% )e
By:
City Manag
Date:
APPROVED AS TO FbRM:
JOSEPH M. MONTES, CITY ATTORNEY
City Attorney
Date:
STANDARD SUPPLEMENTAL PROVISION BENVIRONMENTAL REVIEW
AGREEMENTS
JOmit from all other Agreements]
This STANDARD SUPPLEMENTAL PROVISION supplements that certain Professional
Services Agreement between the CITY OF SANTA CLARITA ("CITY") and
("CONSULTANT"), dated , 20
("AGREEMENT")
L After Agreement Section 4 PAYMENTS, the following is added as a new Agreement Section
4A.
4A. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a
public official subject to the Political Reform Act of 1974 for purposes of this Agreement.
CONSULTANT agrees and warrants that it has no financial interests which may be
materially affected by the project for which the Initial Study, as specified in the
SERVICES, is being prepared. Such financial interests may include, without limitation,
interests in business entities, real property, or sources of income exceeding $500 received
within the past year. CONSULTANT further warrants that, before executing this
Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices
Commission regulations, including, without limitation, Chapter 7 of Title 2 of the
California Administrative Code, Section 18700, et seq., in order to determine whether any
conflict of interest would require CONSULTANT to refrain from performing the
SERVICES or in any way attempting to use its official position to influence the
governmental decisions underlying the subject environmental clearances.
11. After Agreement Section 7(B), the following is added as a new Agreement Section 7(C).
(C) Although CITY has a duty to the public to independently review any environmental
document, including, without limitation a negative declaration or draft EIR, prepared by
CONSULTANT, that duty to the public, or the breach thereof, will not relieve CONSULTANT
of its duties under this Section or any representation provided by CONSULTANT in this
Agreement.
LABOR AND MATERIAL BOND
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
City of Santa Clarita, California
KNOW ALL PERSONS BY THESE PRESENTS that
as CONTRACTOR AND as SURETY, are
held and firmly bound unto the City of Santa Clarita, as CITY, in the penal sum of
dollars ($ 1, which
is one -hundred (100%) percent of the total amount for the above stated project, for the payment of which sum,
CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to
enter into the annexed Contract Agreement with CITY for the above -stated project, if CONTRACTOR or any
subcontractor fails to payfor any labor or material of any kind used in the performance of the workto be done under
said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said
labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure
to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any
alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of
the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations
is hereby waived by SURETY.
IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day
of 2021.
CONTRACTOR:
Signature
Name and Title of Signatory
Legal Name of Bidder
Address
Telephone Number Federal Tax I.D. No.
SURETY*
Subscribed and sworn to this day of 2021.
NOTARY PUBLIC
*Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representatives.
FAITHFUL PERFORMANCE BOND
PROPOSAL # ES-20-21-30
Coordinated Integrated Monitoring Program Implementation
City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that , as
CONTRACTOR, AND as SURETY, are held and
firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of
dollars ($ ), which is one -
hundred (100%) percent of the total amount for the above -stated project, for the payment of which sum,
CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. For service
contracts of a continuing nature, the bond shall be in the amount equal to the amount of the initial
contract term. Thereafter, the bond shall be in an amount equal to the annual value of such contract. The
term of the bond shall cover the initial contract term. Thereafter, CONTRACTOR and SURETY must submit
a new or renewed bond covering each subsequent annual renewal of the contract.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is
about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if
CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner
and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force
and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made
pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or
SURETY, and notice of such alterations is hereby waived by SURETY.
IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of
, 20
CONTRACTOR*
SURETY*
Subscribed and sworn to this day of 20
NOTARY PUBLIC
*Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized
representatives.
ATTACHMENT A
Map of Monitoring Locations
CIMP Monitoring Locations Overview
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TMDL Sh4
Mass Emission sme
00.5 : 2 1 a
CIMP Monitoring Locations Overview with Significant Non-stormwater Flow Outfalls
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PD �3ui
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site —Major Freeway
* LACFCD Mass Emission Stabon
Guttali Mlanitarho Site
F Receiving water Site
Upper Santa Clare River CIMP
Mtonitortng Sites
44D 13 Stw PWr C"M AV-IP$OWr"t
NTETRATECH
ATTACHMENT B
List of Monitoring Locations
Receiving Water Monitoring Locations
Monitoring
Coordinates
Type
Site ID
Water Body
Latitude
Longitude
ICE TMDL
SNTCLR R-E
SCR Reach 5
34.41856
-118.63569
X
SNTCLR 6 ME
SCR Reach 6
34.42611
-118.58583
X X
SNTCLR R-A
SCR Reach 7
34.42403
-118.53956
X
Land Use/Outfall Monitoring Locations
HUC-12 Reach Jurisdiction
Salt Canyon
y
Reach 5;
City
Reach 6
San
Francisquito
Reach 6
City
Canyon
Sand
Reach 6;
City
Canyon
Reach 7
S Fork
Santa Clara
Reach 6
City
River
Lower
Castaic
Reach 5
County
Creek
Mint
Canyon
Reach 7
County
Lake
Elizabeth
N/A
County
Drain
Name
Size
Shape
Material
Latitude
Longitude
Double
Reinforced
1�510
84"
Box
Concrete
34.42398
-118.56321
Box
MTD
78"
Round
Reinforced
34.45319
-118.55551
1643
Cone. Pipe
PD 0494
78"
Round
Reinforced
Cone. Pipe
34.40604
-118.47007
Square or
Reinforced
PD 0717
12T°
Rectangle
Concrete
34.38176
-118.55110
Box
PD 2443
601'
Square or
Reinforced
34.49705
-118.61252
Rectangle
Conc. Box
PD 2516
60"
Round
Corrugated
Metal Pipe
34.44048
-118.43074
Unknown
30"
Round
Reinforced
34.66196
-118.38712
(East)
Conc. Pipe
Significant Dry Weather Flow Outfalls — Dry Weather Samples Only
HUC 12 Reach Jurisdiction Drain Latitude
San Francisquito Canyon Reach 6 City PD 1988 34.425
Salt Canyon Reach 6 City PD 2507 34.455
Longitude
-118.572
-118.558
ATTACHMENT C
Water Quality Chemistry, TMDL, & Toxicity Results
==00000000�000000�000000�000000�0000�000000�000000�000000�000000�0000�000000�00000000000000000000000000000000�000000�000000�0000000000
00 00 00 00
--------------
mm msssssssssssssssssss
..............................
ss
.............................. ................................................
.................................................. .................................
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MS4 DISCHARGES WITHIN THE
LOS ANGELES REGION
ORDER R4-202X-XXXX
NPDES NO. CAS004004
quality objective, and is not otherwise identified in subparts 4.a-4.g above, it need not be
further analyzed. Otherwise, the parameter shall be analyzed for the remainder of the
Order during dry weather at the receiving water monitoring location where the exceedance
was found. The Permittee(s) may propose in a Monitoring Program not to monitor for
specific constituents in Table E-6 of this MRP if it is not a constituent listed above in
subparts 4.a-4.g and the Permittee(s) demonstrates with relevant information that there is
no MS4 source causing or contributing to exceedances in the receiving water and/or recent
data shows that the result is at or below the RL, or below the lowest applicable water
quality objective.
Table E-6. Core Monitoring Constituents and their Associated Reporting Levels (RLs)5
CONSTITUENTS
CONVENTIONAL POLLUTANTS I ma/L
Oil and Grease 5
Total Phenols 0.1
Cyanide 0.005
pH 0-14 units
Temperature N/A
Dissolved Oxygen N/A
BACTERIA MPN/100ml
Enterococcus (marine & ocean waters _ 30
Fecal coliform (ocean waters) _ 200
E. coli fresh waters 100
GENERAL ma/L
Orthophosphate as P (Dissolved)
0.05
Total Phosphorus _
0.05
Turbidity _
0.1 NTU
Total Suspended Solids (TSS)
2
Total Dissolved Solids (TDS)
2
_
Suspended Sediment Concentration (SSC)
5
Total Organic Carbon (TOC)
1
_
Dissolved Organic Carbon (DOC)
0.2
Total Petroleum Hydrocarbon
5
Biochemical Oxygen Demand (BOD)
2
Chemical Oxygen Demand (COD)
20
Total Ammonia -Nitrogen
0.1
Total Kjeldahl Nitrogen
0.1
Nitrate+Nitrite_
0.1
Alkalinity
2
Specific Conductance
1 umho/cm
Total Hardness
2
M BAS
0.5
Chloride
2
Fluoride
0.1
Methyl tertiary butyl ether (MTBE)
0.013
Perchlorate
0.006
METALS (Dissolved & Total)
lag/L
Aluminum
87
5 Method Detection Limits (MDLs) must be lower than the RL (typically half the RL). See Attachment A for RLs and
MDLs definition.
ATTACHMENT E — MRP E-20
MS4 DISCHARGES WITHIN THE
LOS ANGELES REGION
ORDER R4-202X-XXXX
NPDES NO. CAS004004
CONSTITUENTS
RLs
Antimony
0.5
Arsenic
1
Beryllium
0.5
Cadmium
0.25
Chromium (total)
0.5
Chromium (Hexavalent)
2
Copper
0.5
1 ron
100
Lead
0.5
Mercury
0.04
Nickel
1
Selenium
1
Silver
0.25
Thallium
0.24
Zinc
_
1
SEMIVOLATILE ORGANIC COMPOUNDS -ACIDS I lag/L
2-Chlorophenol
1
1
4-Chloro-3-methylphenol (3-Methyl-4-Chlorophenol)
L
1
2,4-Dichlorophenol
1
_
2,4- Dim ethyl phenol _
2
2,4-Dinitrophenol _ _
4
2-Nitrophenol _
10
4-Nitrophenol
5
Pentachlorophenol
1
Phenol _
1
2,4,6-Trichloro henol
1
SEMIVOLATILE ORGANIC COMPOUNDS -
pg/L
BASE/NEUTRAL
Acenaphthene _ _
1
Acena h�thylene _
1
Anthracene
1
Benzidine
5
1,2 Benzanthracene (be nzo[a]anth race ne)
1
Benzo(a)pyrene
1
Benzo( h,i)perylene (1,12-benzoperylene)
2
3,4 Benzofluoranthene (benzo[b]fluoranthene)
1
Benzo(k)fluoranthene
1
Bis(2-Chloroethoxy) methane
4.4
Bis(2-Chloroisopropyl) ether
2
Bis(2-Chloroethyl) ether
1
Bis(2-Ethylhexyl) phthalate
5
4-Bromophenyl phenyl ether
5
Butyl benzyl phthalate (Benzyl butyl phthalate)
1
2-Chloroethyl vinyl ether (Chloroethyl Vinyl Ether, 2)
1
2-Chloronaphthalene
7.5
4-Chlorophenyl phenyl ether
5
Chrysene
1
Dibenzo(a,h)anthracene
0.1
1,3-Dichlorobenzene
1
ATTACHMENT E - MRP E-21
MS4 DISCHARGES WITHIN THE ORDER R4-202X-XXXX
LOS ANGELES REGION NPDES NO. CAS004004
CONSTITUENTS
RLs
1,4-Dichlorobenzene
1
1,2-Dichlorobenzene (Dichlorobenzene, 1,2-)
1
3,3'-Dichlorobenzidine
5
Diethyl phthalate
2
Dimethyl phthalate
2
di-n-Butyl phthalate
3
2,4-Dinitrotoluene
1
2,6-Dinitrotoluene
5
4,6 Din itro-2-methyl phenol (2-Methyl-4,6-
5
dinitrophenol)
1,2-Diphenylhydrazine
1
di-n-Octyl phthalate
3
Fluoranthene
0.05
Fluorene
0.1
Hexachlorobenzene
1
Hexachlorobutadiene
1
Hexachloro-cyclopentadiene
1
Hexachloroethane
1
Indeno(1,2,3-c,d)pyrene
0.05
Isophorone
1
Naphthalene
0.2
Nitrobenzene
1
N-Nitrosodimethyl amine
1
N-Nitrosodiphenyl amine
1
N-Nitrosodi-n-propyl amine
1
Phenanthrene
0.05
Pyrene
0.05
1,2,4-Trichlorobenzene
1
CHLORINATED PESTICIDES
pg/L
Aldrin
0.005
alpha-BHC (alpha-HCH)
0.01
beta-BHC (beta-HCH)
0.005
delta-BHC (delta-HCH)
0.005
gamma-BHC (lindane) (gamma-HCH)
0.01
alpha -chlordane
0.025
gamma -chlordane
0.025
4,4'-DDD
0.025
4,4'-DDE
0.025
4,4'-DDT
0.005
Dieldrin
0.005
alpha- Endosulfan
0.02
beta-Endosulfan
0.01
Endosulfan sulfate
0.01
Endrin
0.005
Endrin aldehyde
0.01
Heptachlor
0.01
Heptachlor Epoxide
0.01
Toxaphene
0.5
POLYCHLORINATED BIPHENYLS (PCBs)
pg/L
ATTACHMENT E - MRP E-22
MS4 DISCHARGES WITHIN THE ORDER R4-202X-XXXX
LOS ANGELES REGION NPDES NO. CAS004004
CONSTITUENTS
RLs
Congeners (ocean waters)6
20
Congeners marine & fresh waters 7
170
ORGANOPHOSPHATE PESTICIDES
lag/L
Atrazine 1
Chlorpyrifos 0.01
Cyanazine 2
Diazinon 0.01
Malathion 0.1
Prometryn 2
Simazine 2
HERBICIDES /L
2,4-D 10
Glyphosate 5
Dacthal (DCPA) 0.1
_
2,4,5-TP SILVEX 0.5
PYRETHROIDS
/L
Bifenthrin 0.002
Cyfluthrin 0.002
Cypermethrin 0.002
_
Esfenvalerate 0.002
Lambda-cyhalothrin _ _ 0.002
Permethrin 0.005
FIPRINOL AND ITS DEGRADATES lag/L
Fipronil
0.002
Fipronil Sulfide
0.002
_
Fipronil Sulfone _
0.002
Fipronil Desulfin I
0.002
NEONICOTINOIDS
/L
Imidacloprid
0.5
VI. STORM WATER OUTFALL-BASED MONITORING REQUIREMENTS
A. Minimum Wet Weather Storm Water Outfall-based Monitoring Requirements
All Permittees shall incorporate in their monitoring program the following minimum requirements
for monitoring storm water at outfalls:
1. Unless required more frequently by an applicable TMDL, storm water discharges shall be
monitored a minimum of three times per water year for all parameters except aquatic
toxicity.
2. Monitoring shall be performed at the outfalls during wet weather conditions, defined for the
purposes of this monitoring program as follows:
a. Monitoring shall occur during wet weather conditions, including targeting the first
significant rain event of the water year following the criteria below, and at least two
additional wet weather events within the same wet season.
6 Analysis should include at a minimum, all 55 PCB congeners listed in Table A-7 of the Water Quality Control Plan
for Enclosed Bays and Estuaries — Part 1, Sediment Quality Provisions.
Ibid.
ATTACHMENT E — MRP E-23