HomeMy WebLinkAbout2013-07-09 - AGENDA REPORTS - WATERSHED MANAGEMENT PLAN (2)CITY OF SANTA CLARI I j
AGENDA REPORT
NEW BUSINESS City Manager Approval:
Item to be presented by:
DATE: July 9, 2013
Agenda Item: 17
SUBJECT: AWARD CONTRACT TO DEVELOP AN ENHANCED
WATERSHED MANAGEMENT PLAN AS PART OF THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT
DEPARTMENT: Public Works
RECOMMENDED ACTION
City Council:
Award a contract to Larry Walker Associates in the amount of $699,778, and authorize a
contingency in the amount of $69,978 for a total contract amount not to exceed $769,756 to
develop a watershed plan.
2. Appropriate Stormwater funds (Fund 356) in the amount of $769,756 to expenditure account
14600-5161.001.
3. Approve Memorandum of Understanding to share costs of the contract with Los Angeles
County and Los Angeles County Flood Control District.
4. Increase revenue account 356-4621.001 by $514,390 from Los Angeles County and by
$84,673 from Los Angeles County Flood Control District as reimbursement to share costs of
consultant services and contract administration costs.
5. Award a contract to Larry Walker Associates in the amount of $60,000, including
contingencies, for additional investigations of effects of fire, natural contributions, and
high-flow exemptions for water quality.
6. Appropriate Stormwater funds (Fund 356) in the amount of $60,000 to expenditure account
14600-5161.001 for additional investigations.
7. Authorize the City Manager or designee to modify all documents to the contract with the next
lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its
AP PROW E I
obligations or perform, subject to City Attorney final document approval, contingent upon the
appropriation of funds by the City Council in the annual budget for such fiscal year.
BACKGROUND
In accordance with federal and state regulations, the Los Angeles County Stormwater National
Pollutant Discharge Elimination System Permit (Permit) was adopted by the Los Angeles
Regional Water Quality Control Board (Regional Board) and became effective December 28,
2012. This Permit regulates all discharges from the storm drain system to the Santa Clara River
and its tributaries. City of Santa Clarita (City) staff, along with cities throughout Los Angeles
County (County), negotiated a Permit with the Regional Board. This is the fourth iteration of the
countywide municipal Permit since the first version was adopted by the Regional Board in 1990.
The adopted Permit requires municipalities to meet strict limits of pollutant concentrations from
all water leaving the storm drain system in addition to implementing current requirements. The
Permit sets requirements for 84 incorporated cities, the County, and the Los Angeles County
Flood Control District.
New Permit
The new Permit has additional requirements to demonstrate compliance. While the previous
Permit specified generic actions to address water pollution for all municipalities within the
County, this new Permit allows municipalities within watersheds to work collaboratively to
develop an Enhanced Watershed Management Plan (Watershed Plan) for compliance.
A new requirement is to take samples and perform a laboratory analysis (e.g. monitor) of the
water leaving the storm drain pipes and the water in the middle of the Santa Clara River. Over
100 different pollutants are to be monitored. If a Watershed Plan was not being developed, this
monitoring was to commence in June 2013. The City could have been found in violation of the
Permit, leading to regulatory fines and other legal exposure if there was an exceedance of any
pollutant limits.
The City is proposing the development of the Watershed Plan in cooperation with the County in
lieu of this immediate requirement to have all discharges in compliance with water quality limits.
There are many advantages to developing this Watershed Plan in addition to delaying compliance
requirements for monitoring, such as additional time to evaluate the unique characteristics of the
Santa Clarita Valley as it relates to stormwater runoff and implementation of programs that
benefit Santa Clarita Valley residents.
A coordinated integrated monitoring plan would detail the locations, frequencies, contracted
services, pollutants of concern, and reporting. Once sufficient monitoring data is available, the
consultant will be able to make recommendations to the City and County to address pollutants
and comply with the limits specific to the upper Santa Clara River. The Watershed Plan will
identify best management practices to be implemented and continually improved to meet the
numeric water quality limits.
The Watershed Plan would allow the City and surrounding areas of unincorporated County to
address water pollution concerns specific to the upper Santa Clara River. This approach would
allow the City and County to pool resources, share costs, and have a consistent approach to
compliance within the Santa Clarita Valley. Typical best management practices range from:
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public outreach, to changes of current City practices, to structural improvements. They are
specific to the land use, pollutants of concern, and existing levels of discharge. The City and
County will also be required to demonstrate through computer modeling that implementation of
the selected best management practices provides a reasonable assurance the water quality limits
can be met. The Watershed Plan will include multi -benefit projects, which consider water supply
and flood control benefits as well as water quality. An open stakeholder process and an economic
analysis are also requirements.
The Watershed Plan will:
• Help avoid fines for storm drain discharges to the Santa Clara River that exceed water quality
limits
• Customize compliance elements more consistent with the region
• Extend compliance deadlines for water quality limits
• Provide protection from certain violations of water quality limits through actions rather than
strictly meeting water quality limits
• Allow cost sharing with the County and potentially other stakeholders and agencies, and
• Create consistent actions and standards between unincorporated County and City areas of the
Santa Clarita Valley.
A draft plan with all of these milestones must be submitted to the Regional Board by June 2015.
Developing this Watershed Plan will require resources beyond the proficiency of City and
County staff. Staff is recommending the use of a consultant to assist in the development of these
plans. Below is the anticipated schedule for developing the Watershed Plan and a Coordinated
Integrated Monitoring Plan:
Milestone
Submit Notice of Intent to develop Watershed Plan
Compile technical memorandum of water quality priorities
Complete draft of Watershed Plan
Complete draft of Coordinated Integrated Monitoring Plan
Submit draft of Watershed Plan to Regional Board
Submit Coordinated Integrated Monitoring Plan to Regional Board
Develop interim numeric milestones for Environmental Protection Agency
developed Total Maximum Daily Loads
Deadline
June 2013
December 2013*
March 2014*
April 2014*
June 2014
June 2014
August 2014*
Conduct initial Risk Attainability Analysis based on selected watershed control December 2015*
measures
Complete final Watershed Plan April 2015*
Submit final Watershed Plan to Regional Board for review and comments June 2015
Submit Final Watershed Plan to Regional Board (revised based on Regional January 2016
Water Board comments)
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• Dates are tentative estimates and may change on an as -needed basis.
The Watershed Plan will recommend proposed changes to ordinances or development standards,
identify pollutant sources, and propose treatment methods or devices. Until the Watershed Plan is
drafted, the details, costs, and timelines are unknown at this point. Staff will return to the City
Council for consideration of the draft Watershed Plan. Based on discussions with other
municipalities who have created similar plans, the cost of monitoring could be $200,000 annually
based on 20 locations, five times a month. The cost of installing trash excluders on all high -trash
generating catch basins and catch basins in the industrial center could be close to $200,000. The
cost of creating and installing an infiltration basin is highly variable as the cost is based on
property value in addition to the size, depth, and engineering details for these types of treatment
devices. This is not a complete list of the possible items to consider to comply with the Permit.
Bacteria Total Maximum Daily Load and Consultant Selection
A Total Maximum Daily Load (TMDL) is a regulatory action required when a specific
waterbody has a persistent pollutant problem that has not been solved over a period of time. A
TMDL prescribes the amount of a pollutant a water body can sustain to support the beneficial
uses of that water. The new Permit incorporated 33 TMDLs, 3 (nitrogen, chloride, and bacteria)
of which affect the upper Santa Clara River. This regulatory action made the water quality limits
enforceable under the Permit.
The Santa Clara River Bacteria Total Maximum Daily Load (Bacteria TMDL) for indicator
bacteria (Escherichia coliform bacteria, or E. coli) was approved in July 2010 and went into
effect on March 21, 2012. This places the storm drain system under a higher level of regulatory
scrutiny. All discharges from the storm drain system must not exceed numeric limits of E. coli
for all dry -weather and wet -weather flows. The Permit incorporated this Bacteria TMDL and all
other existing TMDLs throughout Los Angeles County.
The Bacteria TMDL contains multiple milestones or deadlines that must be met to be in
compliance. City staff worked with the County to solicit a Request for Proposals (RFP) for a
consultant to assist with compliance of the Bacteria TMDL. The selected consultant was to create
an implementation strategy and work plan to address bacteria, develop a water quality monitoring
plan, and manage data of monitoring results. The goal was to identify areas that cause or
contribute to excessive bacteria levels and institute best management practices to address these
areas. The RFP was published on the City's website. A total of 67 consulting firms downloaded
and viewed the RFP. The City received four proposals from the following firms (none of which
are located in the City): Brown and Caldwell, California Watershed Engineering, GeoSyntec, and
Larry Walker Associates.
City and County staff reviewed and evaluated all four proposals based on proposed methodology,
management approach, cost, experience with the Santa Clara River, experience with the Regional
Board, personnel, and qualifications of the firm. As a result of the review process, Lary Walker
Associates is recommended based on their overall score on these criterion and proven track
record on programs and projects of this kind prepared for the Regional Board.
Many of the compliance elements of the new Permit are similar to the requirements of the
Bacteria TMDL. Both require development of a monitoring plan, source assessment, and creating
an implementation strategy. An analysis of the compliance strategies was performed to determine
the similarities between the Bacteria TMDL and the new Permit requirements. Based on such
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analysis, staff is recommending the use of one consultant for both the Bacteria TMDL
compliance effort and to develop the Watershed Plan to comply with the new Permit. County
staff has also requested the use of one consultant for both work efforts. A revised scope of work
was negotiated with the City, County, and Larry Walker Associates to comply with the new
Permit requirements.
Memorandum of Understanding and Cost Sharing
The Permit requires all permittees in the watershed to work collaboratively. The permittees in the
upper Santa Clara River watershed are the City, County, and the Los Angeles County Flood
Control District. The County and the Los Angeles County Flood Control District have agreed to
share the contract costs for developing the Watershed Plan. The total project cost is $846,732.
The base contract cost is $699,778, with a 10 -percent contingency of $69,978 requested by the
County to address unforeseen issues for a total contract cost of $769,756. The City is proposing
to handle and be reimbursed for contract administration. The City, Los Angeles County, and Los
Angeles County Flood Control District have agreed to add 10 percent, $76,976 to capture
contract administration.
It was agreed the cost burden of the contract should be commensurate with the shared land area
of the watershed. Since the Los Angeles County Flood Control District does not oversee land
area, but instead owns some of the storm drain pipes and conveyance system, they have agreed to
contribute 10 percent of contract costs to every watershed in Los Angeles County. The 10 percent
contribution for the Santa Clara Watershed would be $84,673 bringing the total cost down to
$762,059. Based on an analysis of the land area in the upper Santa Clara River watershed, the
City encompasses 32.5 percent, while the County areas comprise 67.5 percent of the land area. It
is proposed the City contribute $247,669 and County contribute $514,390. The attached
Memorandum of Understanding (MOU) details this cost sharing breakdown.
Additional Investigations
There are conditions that can affect water quality outside of urban runoff. Areas of concern for
the Santa Clarita Valley include impacts from recently burned areas, potential natural or
non -human generated contributions, and high flows in the Santa Clara River watershed during
wet weather. The Santa Clarita Valley is surrounded by open space that burns frequently and
provides habitat. Recent studies suggest burned areas can have high levels of pollution, including
metals and other contaminants. These types of assessments have not been completed in the upper
Santa Clara River watershed. Also, there are intermittent periods when the Santa Clara River
becomes dangerous because of very high rainfall. Staff believes further study of these issues
would provide clarity and may impact compliance with the Permit. City staff is in discussions
with the County on investigating the benefits of completing these types of analysis. Staff requests
the City Council award $60,000, including contingencies, to Larry Walker Associates to
complete these additional studies separate from the Watershed Plan. Further discussion with the
County may lead to cost sharing of these efforts.
Legal Petitions and Unfunded Mandates Claims for Stormwater Permits
There is an unfunded mandates claims court case concerning the old 2001 Permit. Several
government agencies submitted unfunded mandates claims and were successful for limited
portions of the Permit requirements in 2010. After the initial approval, the Regional Board
successfully challenged the approval in court. The County's appeal to that decision is scheduled
for July 24, 2013.
The State Water Resources Control Board (State Board) received petitions challenging the
Permit approval by the Regional Board from some municipal permittees and environmental
nonprofit organizations. After discussions with other cities and internal evaluation, it was
determined petitioning the State regarding the Permit in this manner would not successfully alter
the Permit requirements. On June 17, 2013, the State Board denied a stay of the Permit requested
by some permittees, which would have stopped enforcement of the Permit. To date, there has
been no response to additional permittee requests.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
The requested appropriation of $769,756 of Stormwater funds (Fund 356) to account
14600-5161.001 will adequately provide for all contract costs associated with development of the
Watershed Plan. As part of the MOU with the County and Los Angeles County Flood Control
District, the City will be reimbursed $599,063. The requested appropriation of $60,000 of
Stormwater funds to account 14600-5161.001 will adequately provide for contract costs
associated with the additional studies separate from the Watershed Plan.
ATTACHMENTS
Memorandum of Understanding
Letter of Intent with Enclosures
Watershed Plan Boundary Map
Scope of Work for Initial Studies available in the City Clerk's Reading File
Contract for Initial Studies available in the City Clerk's Reading File
Scope of Work for Watershed Plan available in the City Clerk's Reading File
Contract for Watershed Plan available in the City Clerk's Reading File
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,
THE COUNTY OF LOS ANGELES, AND
THE CITY OF SANTA CLARITA
REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT
OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM AND
COORDINATED INTEGRATED MONITORING PROGRAM
FOR THE UPPER SANTA CLARA RIVER WATERSHED
This Memorandum of Understanding (MOU), is made and entered into as of the date of
the last signature set forth below by and between the LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT (LACFCD), a political subdivision of the State of California, the
COUNTY OF LOS ANGELES (LA COUNTY), a political subdivision of the State of
California, and the CITY OF SANTA CLARITA (CITY), a municipal corporation.
Collectively, these entities shall be known herein as "PARTIES" or individually as
"PARTY."
WITNESSETH
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region
(Regional Board) adopted National Pollutant Discharge Elimination System Municipal
Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and
WHEREAS, the MS4 Permit became effective on December 28, 2012 and
requires that the LACFCD, LA COUNTY, and 84 of the 88 cities (excluding Avalon,
Long Beach, Palmdale, and Lancaster) within the County of Los Angeles comply with
the prescribed elements of the MS4 Permit; and
WHEREAS, the MS4 Permit identified the PARTIES as the MS4 permittees that
are responsible for compliance with the MS4 Permit requirements pertaining to the
upper Santa Clara River; and
WHEREAS, the PARTIES have agreed to collaborate in the development of an
Enhanced Watershed Management Program (EWMP) and Coordinated Integrated
Monitoring Plan (GIMP) for the Upper Santa Clara River watershed areas and facilities
controlled by LACFCD, LA County and the City to comply with certain elements of the
MS4 Permit; and
WHEREAS, the PARTIES collaboratively prepared a final Scope of Work to
obtain a consultant (the Consultant) to assist the PARTIES with complying with certain
elements of the MS4 Permit, as specified in the Scope of Work, which is incorporated
into this MOU by reference; and
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WHEREAS, the CITY solicited proposals and the PARTIES selected the
Consultant, Larry Walker and Associates, to prepare and deliver a Final Work Plan,
Draft Enhanced Watershed Management Program (EWMP) plan, Coordinated
Integrated Monitoring Program (GIMP), and the Final EWMP plan (collectively, PLANS)
in compliance with certain elements of the MS4 Permit; and
WHEREAS, the PARTIES have determined that hiring the Consultant to prepare
and deliver the PLANS will be beneficial to the PARTIES and they have agreed to
contribute funds to the CITY who will contract with the Consultant for the preparation of
the PLANS. The PARTIES desire to participate and will provide funding in accordance
with the cost allocation formula shown in Exhibit A; and
WHEREAS, the PARTIES have agreed that the total cost for developing the
PLANS shall not exceed $846,732 including project administration and 10%
contingency; and
WHEREAS, the PARTIES agree each shall assume full and independent
responsibility for ensuring its own compliance with the MS4 Permit and Total Maximum
Daily Loads (TMDLs) despite the collaborative approach of this MOU.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows:
Section 1. Recitals: The recitals set forth above are incorporated into this MOU.
Section 2. Purpose: The purpose of this MOU is to cooperatively fund the preparation
and submittal of the PLANS to the Regional Board.
Section 3. Voluntary: This MOU is voluntarily entered into for the purpose of preparing
and submitting the PLANS to the Regional Board.
Section 4. Terms: This MOU shall become effective on the latest date of execution by a
PARTY, and shall remain in effect until (i) the Regional Board's final approval date of
the last outstanding portion of the PLANS, (ii) The City has provided the PARTIES with
an accounting as set forth in section 5(f), and (iii) the PARTIES have paid all
outstanding invoices.
Section 5. CITY AGREES:
a. To solicit proposals for, award and administer the Consultant contract for the
preparation and delivery of the PLANS in accordance with the Scope of Work.
CITY will be compensated for the administration and management of the
Consultant contract at a percentage of TEN percent (10 %) of the total contract
cost for development of the PLANS as described in Exhibit A.
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To invoice the PARTIES after the execution of this MOU for their share of the
cost for the preparation and delivery of the PLANS as described in Exhibit A.
The PARTIES shall pay CITY the amount invoiced within sixty (60) days of
receiving the invoice from CITY.
c. Contingency: CITY will notify the PARTIES if actual expenditures are anticipated
to require use of the contingency funds specified in Exhibit A and will obtain
written approval of such expenditures from all PARTIES prior to expenditures.
Expenditures that exceed the 10% contingency will require an amendment of this
MOU.
d. To utilize the funds deposited by the PARTIES only for the administration of the
Consultant contract, project management, and the preparation and completion of
the PLANS.
e. To provide the PARTIES with an electronic copy of the technical memos, draft
PLANS, and the completed PLANS within 7 business days after receipt from the
Consultant.
To provide an accounting upon the early termination of this MOU pursuant to
section 8 or 60 days after the date the Regional Board gives final approval to the
last outstanding portion of the PLANS, or June 20, 2016, whichever comes first.
At the completion of the accounting, CITY shall return the unused portion of all
funds deposited with CITY in accordance with the cost allocation formula set
forth in Exhibit A.
g. To instruct the Consultant to not submit any PLANS to the Regional Board unless
and until the PLANS have been approved, in writing, for submittal by all
PARTIES to this MOU, which approval will not be unreasonably withheld. If the
PARTIES cannot agree upon the final language of the PLANS to be submitted to
the Regional Board, then this MOU shall terminate and the PARTIES shall each
be entitled to copies of the Consultant's materials prepared to date for use by
each individual PARTY.
Section 6. THE PARTIES FURTHER AGREE:
a. To make a full faith effort to cooperate with one another to achieve the purposes
of this MOU by providing information about project opportunities, reviewing
deliverables in a timely manner, and informing their respective administration,
agency heads, and/or governing body.
b. To fund the cost of the preparation and delivery of the PLANS and to pay CITY
for the preparation and delivery of the PLANS based on the cost allocation set
forth in Exhibit A.
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c. To grant reasonable access and entry to the Consultant, on an as needed basis
during the term of this MOU, to the PARTIES' storm drains, channels, catch
basins, and similar properties (FACILITIES) to achieve the purposes of this
MOU, provided, however, that prior to entering any of the PARTIES' FACILITIES,
the Consultant shall secure written authorization 72 hours in advance of entry
from the applicable PARTY.
d. The CITY shall require the Consultant retained pursuant to this MOU to agree to
indemnify, defend and hold harmless each PARTY, its special districts, elected
and appointed officers, employees, agents, attorneys, and designated volunteers
from and against any and all liability, including but not limited to demands,
claims, actions, fees, costs, and expenses (including attorney and expert fees),
arising from or connected with the Consultant's performance of its agreement
with CITY. In addition, CITY shall require the Consultant to carry, maintain, and
keep in full force and effect an insurance policy or policies, and each PARTY, its
officers, employees, agents, attorneys, and designated volunteers shall be
named as additional insureds on the policy(ies) with respect to liabilities arising
out of the Consultant's work. These requirements will also apply to any
subcontractors hired by the Consultant.
Section 7. Indemnification
a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY,
including its special districts, elected and appointed officers, employees, agents,
attorneys, and designated volunteers from and against any and all liability,
including, but not limited to demands, claims, actions, fees, costs, and expenses
(including reasonable attorney's and expert witness fees), arising from or
connected with the respective acts of each PARTY arising from or related to this
MOU; provided, however, that no PARTY shall indemnify another PARTY for that
PARTY'S own negligence or willful misconduct.
b. In light of the provisions of Section 895.2 of the Government Code of the State of
California imposing certain tort liability jointly upon public entities solely by reason
of such entities being parties to an agreement (as defined in Section 895 of said
Code), each of the PARTIES hereto, pursuant to the authorization contained in
Section 895.4 and 895.6 of said Code, shall assume the full liability imposed
upon it or any of its officers, agents, or employees, by law for injury caused by
any act or omission occurring in the performance of this MOU to the same extent
such liability would be imposed in the absence of Section 895.2 of said Code. To
achieve the above stated purpose, each PARTY indemnifies, defends, and holds
harmless each other PARTY for any liability, cost, or expense that may be
imposed upon such other PARTY solely by virtue of said Section 895.2. The
provisions of Section 2778 of the California Civil Code are made a part hereof as
if incorporated herein.
Section 8. Termination
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a. This MOU may be terminated upon the express written agreement of all
PARTIES. If this MOU is terminated, then all PARTIES must agree on the
equitable redistribution of remaining funds deposited, if there are any, or payment
of invoices due at the time of termination. Completed work shall be owned by all
PARTIES. Rights to uncompleted work by the Consultant still under contract will
be held by the PARTY or PARTIES who fund the completion of such work.
b. If a PARTY fails to substantially comply with any of the terms or conditions of this
MOU, then that PARTY shall forfeit its rights to work completed through this
MOU, but no such forfeiture shall occur unless and until the defaulting PARTY
has first been given notice of its default and a reasonable opportunity to cure the
alleged default.
Section 9. General Provisions
a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any
request, demand, statement, or other communication required or permitted
hereunder shall be in writing and shall be delivered to the representatives of the
PARTIES at the addresses set forth in Exhibit B attached hereto and
incorporated herein by reference. Parties shall promptly notify each other of any
change of contact information, including personnel changes, provided in Exhibit
B. Written notice shall include notice delivered via email or fax. A notice shall be
deemed to have been received on (a) the date of delivery, if delivered by hand
during regular business hours, or by confirmed facsimile or by email; or (b) on the
third (3) business day following mailing by registered or certified mail (return
receipt requested) to the addresses set forth in Exhibit B.
b. Administration. For the purposes of this MOU, the PARTIES hereby designate
as their respective PARTY representatives the persons named in Exhibit B. The
designated PARTY representatives, or their respective designees, shall
administer the terms and conditions of this MOU on behalf of their respective
PARTY. Each of the persons signing below on behalf of a PARTY represents
and warrants that he or she is authorized to sign this MOU on behalf of such
PARTY.
c. Relationship of the Parties. The PARTIES are, and shall at all times remain as to
each other, wholly independent entities. No PARTY to this MOU shall have
power to incur any debt, obligation, or liability on behalf of any other PARTY
unless expressly provided to the contrary by this MOU. No employee, agent, or
officer of a PARTY shall be deemed for any purpose whatsoever to be an agent,
employee, or officer of another PARTY.
d. Bindino Effect. This MOU shall be binding upon, and shall be to the benefit of
the respective successors, heirs, and assigns of each PARTY; provided,
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however, no PARTY may assign its respective rights or obligations under this
MOU without the prior written consent of the other PARTIES.
e. Amendment. The terms and provisions of this MOU may not be amended,
modified, or waived, except by an instrument in writing signed by all non -
delinquent PARTIES.
Law to Govern. This MOU is governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of California.
g. Severability. If any provision of this MOU shall be determined by any court to be
invalid, illegal, or unenforceable to any extent, then the remainder of this MOU
shall not be affected, and this MOU shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in this MOU.
h. Entire Agreement. This MOU constitutes the entire agreement of the PARTIES
with respect to the subject matter hereof.
Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of
this MOU shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any PARTY to any breach of the provisions of this MOU shall not
constitute a waiver of any other provision, nor a waiver of any subsequent breach
or violation of any provision of this MOU.
Counterparts. This MOU may be executed in any number of counterparts, each
of which shall be an original, but all of which taken together shall constitute but
one and the same instrument, provided, however, that such counterparts shall
have been delivered to all PARTIES to this MOU.
k. All PARTIES have been represented by counsel in the preparation and
negotiation of this MOU. Accordingly, this MOU shall be construed according to
its fair language. Any ambiguities shall be resolved in a collaborative manner by
the PARTIES and shall be rectified by amending this MOU as described in
Section 9(e).
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be
executed by their duly authorized representatives and affixed as of the date of signature
of the PARTIES:
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(Q—
COUNTY OF LOS ANGELES
By
GAIL FARBER Date
Director of Public Works
APPROVED AS TO FORM:
John F. Krattli
County Counsel
By
Deputy
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I -lb
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
a
GAIL FARBER
Chief Engineer
APPROVED AS TO FORM:
John F. Krattli
County Counsel
m
Deputy
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Date
14
CITY OF SANTA CLARITA
By
KENNETH STRIPLIN Date
City Manager
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
JOSEPH M. MONTES
City Attorney
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Date
15
EXHIBIT A
Upper Santa Clara River Watershed EWMP and CIMP
Funding Contributions
Table 1. Total Contract Costs
Deliverable
Cost
Meetings and Project Management
$91,408
Develop EWMP Work Plan
$141,030
Develop CIMP
$99,930
Develop EWMP Plan
$367,410
Base Contract Cost
$699,778
10% Contract Contingency
$69,978
Contract Cost
$769,756
Table 2. Total Cost
Item
Total Cost
Contract Cost
$769,756
City of Santa Clarita Contract
Administration
(10% of Contract Cost)
$76,976
Estimated Total Cost
$846,732
Table 3. Cost Allocation Formula
Party
Land
Area
(Acres)
Percent of
Combined
Land Area
Contributio
n per
Land Area
Total
Contributio
n
Los Angeles County Flood Control
District
N/A
N/A
N/A
$84,673
County of Los Angeles
81,972.1
67.5%
$514,390
$514,390
Santa Clarita
39,450.9
32.5%
$247,669
$247,669
Total
121,423.0
100.0%
$762,059
$846,732
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Table 4. Total Project Contributions
Invoicing
1� Invoice (50%)
Fiscal Year 2013-14
2"" Invoice (50%)
Fiscal year 2014-15
Total
Los Angeles County Flood Control District
$42,336
$42,337
$84,673
County of Los Angeles
$257,159
$257,159
$514,390
City of Santa Clarita
$123,835
$125,834
$247,669
Total
$264,000
$264,000
$846,732
This payment plan as set forth in Table 4 is optional. Any Agency may pay the full
amount in in the first payment.
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EXHIBIT B
Upper Santa Clara River Watershed EWMP
Responsible Agencies Representatives
County of Los Angeles
Department of Public Works
Watershed Management Division, 11`h Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Angela George
E-mail: AGEORGE@dpw.lacounty.gov
Phone: (626) 458-4325
Fax: (626) 457-1526
2. Los Angeles County Flood Control District
Department of Public Works
Watershed Management Division, 11`h Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Gary Hildebrand
E-mail: GHILDEB@dpw.lacounty.gov
Phone: (626) 458-4300
Fax: (626) 457-1526
3. City of Santa Clarita
Environmental Services Division
23920 Valencia Blvd
Santa Clarita CA 91355
Travis Lange
E-mail: tlange@santa-clarita.com
Phone: 661-286-4098
Fax: 661-255-4356
Page 12 of 12
23920 Valencia Boulevard • Suite 300 • Santa Clarits, California 91355-2196
Phone: (661) 259-2489 • FAR: (661) 259-8121
Mr. Samuel Unger, P.E., Executive Officer
California Regional Water Quality Control Board - Los Angeles Region
320 West 4th Street, Suite 200
Los Angeles, CA 90013
Letter of Intent City of Santa Clarita Upper Santa Clara River Watershed Enhanced
Watershed Management Plan and Coordinated Integrated Monitoring Plan
The City of Santa Clarita (City) submits this Letter of Intent to participate in and share the cost of the
development of an Enhanced Watershed Management Program (EWMP) and a Coordinated Integrated
Monitoring Program (CIMP) with the Upper Santa Clara River Watershed stakeholders, This Letter of
Intent serves to satisfy the EWMP notification requirements of Section VI.C.4,b.iii(3) of Order No R4-
2012-0175 (Municipal Separate Storm Sewer System Permit) and the CHVIP requirements of Section
W.C.I of Attachment E of the Municipal Separate Storm Sewer System Permit.
The Upper Santa Clara River Watershed Group consists of the following agencies: City of Santa Clarita as
coordinating agency for the EWMP and CIMP development, County of Los Angeles, and Los Angeles
County Flood Control District. The Upper Santa Clara River Watershed Group has included a final draft
Memorandum of Understanding as Attachment A of the Notice of Intent. The County and the City intend
to submit a final Memorandum of Understanding to its Board of Supervisors and City Council for approval
prior to December 28, 2013.
If you have any questions or need additional information, please contact me at (661) 255-4337.
City Manager
KS:HM:eg
S:\ENVSRVCS%NPDES2\2012 PennitW OPSanta Clarita Notice of Intent Undoc
Enclosures
cc: Robert Newman, Director of Public Works
Travis Lange, Environmental Services Manager
Joe Montes, City Attorney
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COUNTY OF LOS ANGELES
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DEPARTMENT OF PUBLIC WORKS
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'To Enrich Lives Through Effective and Caring Service"
908 SOUTH FREMONT AVENUE
ALHAMBRA CALIFORNIA 91803-1331
GAIL FARBER, Dkxtor
Telcphonv (626) 458-5100
http://dpw.locounty.gov
June 24, 2013
Mr. Samuel Unger, P.E., Executive Officer
California Regional Water Quality
Control Board — Los Angeles Region
320 West 4th Street, Suite 200
Los Angeles, CA 90013
Attention Ms. Renee Purdy
Dear Mr. Unger:
ADDRESS ALL CORRESPONDENCE TO:
P.O. BOX 1460
ALHAMBRA CALIFORNIA 91802-1460
IN REPLY PLEASE
REFERTo FILE: WM-7
LETTER OF INTENT — LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
UPPER SANTA CLARA RIVER WATERSHED
ENHANCED WATERSHED MANAGEMENT PROGRAM
AND COORDINATED INTEGRATED MONITORING PROGRAM
The Los Angeles County Flood Control District (LACFCD) submits this Letter of Intent
to participate in and share the cost of the development of an Enhanced Watershed
Management Program (EWMP) and a Coordinated Integrated Monitoring Program
(CIMP) with the Upper Santa Clara River Watershed Group, This Letter of Intent
serves to satisfy the EWMP notification requirements of Section VI.C.4.b.iii(3) of
Order No. R4-2012-0175 (Municipal Separate Storm Sewer System Permit) and the
CIMP requirements of Section IV.C.1 of Attachment E of the Municipal Separate Storm
Sewer System Permit.
The Upper Santa Clara River Watershed Group consists of the following agencies: City
of Santa Clarita as the coordinating agency for EWMP and CIMP development, County
of Los Angeles, and LACFCD. The Upper Santa Clara River Watershed Group has
included a final draft Memorandum of Understanding as Attachment A of the Notice of
Intent. The LACFCD intends to submit a final Memorandum of Understanding to the
County of Los Angeles Board of Supervisors (which is the LACFCD's governing body)
for approval prior to December 28, 2013.
If you have any questions,. please contact Ms. Terri Grant at (626) 458-4309 or
tgrant@dpw.lacounty.gov.
Very truly yours,
GAIL FARBER
Chief Engineer of the Los Angeles County. Flood Control District
GC:jht
P:WmpuMSeaeladaR2013 DocumenlsletteAL01 SCR LACFCD.dockC13229
cc: City of Santa Clarita
2D
° of Lw COUNTY OF LOS ANGELES
+ DEPARTMENT OF PUBLIC WORKS
k x 'To Enrich Lives Through Effective and Caring Service"
x ..
CAOFORM�
900 SOUTH FREMONr AVENUE
ALHAMBRA, CALIFORNIA 91603-1331
GAIL FARBER, Dirwer Tdcphunc: (626) 458.5100
hap://dpW.Iccounty.gov ADDRESS ALL CORRESPONDENCETO:
June 24, 2013 P.O.BOX 1460
ALHAMBRA, CALIFORNIA 91802.1460
IN REPLY PLEASE
REFER TO FILE: WM-7
Mr. Samuel Unger, P.E., Executive Officer
California Regional Water Quality
Control Board — Los Angeles Region
320 West 4th Street, Suite 200
Los Angeles, CA 90013
Attention Ms. Renee Purdy
Dear Mr. Unger:
LETTER OF INTENT— COUNTY OF LOS ANGELES
UPPER SANTA CLARA RIVER WATERSHED
ENHANCED WATERSHED MANAGEMENT PROGRAM
AND COORDINATED INTEGRATED MONITORING PROGRAM
The County of Los Angeles (County) submits this Letter of Intent to participate in and
share the cost of the development of an Enhanced Watershed Management Program
(EWMP) and a Coordinated Integrated Monitoring Program (CIMP) with the
Upper Santa Clara River Watershed Group. This Letter of Intent serves to satisfy the
EWMP notification requirements of Section VI.C.4.b.iii(3) of Order No. R4-2012-0175
(Municipal Separate Storm Sewer System Permit) and the CIMP requirements of
Section IV.C.1 of Attachment E of the Municipal Separate Storm Sewer System Permit.
The Upper Santa Clara River Watershed Group consists of the following agencies: City
of Santa Clarita as the coordinating agency for EWMP and CIMP development, County,
and Los Angeles County Flood Control District. The Upper Santa Clara River
Watershed Group has included a final draft Memorandum of Understanding as
Attachment A of the Notice of Intent. The County intends to submit a final
Memorandum of Understanding to its Board of Supervisors for approval prior to
December 28, 2013.
If you have any questions, please contact Ms. Angela George at (626) 458-4325 or
ageorge@dpw.lacounty.gov.
Very truly yours,
fp/ GAIL FARBER
Director of Public Works
GC:jht
P:lwmpublSecret&W2013 DocumenlsletlaALOI SCR Counly.d001C13228
cc: City of Santa Clarita
21
Notice of Intent
Enhanced Watershed Management Program (EWMP)
and Coordinated Integrated Monitoring Program
SECTION 1. PROGRAM TYPE AND PERMITTEES
The Permittees (listed in Table 1) that are party to this Notice of Intent (NOI) hereby notify the
Los Angeles Regional Water Quality Control Board (Regional Water Board) of their intent to
develop an Enhanced Watershed Management Plan (EWMP) for the Upper Santa Clara River
Watershed. This NOI is being submitted in accordance with Part VI.C.4.b.i of Order R4-2012-
0175. Permittees meet the LID and Green Street conditions and will submit a Work Plan within
18 months of the effective date of the Order R4-2012-0175 (June 28, 2014) and will submit the
Draft EWMP within 30 months of the effective date of Order R4-2012-0175 (June 28, 2015).
The Permittees (listed in Table 1) that are party to this NOI hereby notify the Regional Water
Board of their intent to develop a Coordinated Integrated Monitoring Program (CIIYIP). The
Permittees intend to follow a CIMP approach for each of the required monitoring plan elements
and will submit the CHAP within 18 months of the effective date of Order 114-2012-0175 (June
28, 2014).
Table 1. Enhanced Watershed Management Program Permittees
SECTION 2. TOTAL MAXIMUM DAILY LOADS ESTABLISHED WATER QUALITY
BASED EFFLUENT LIMITATIONS:
Table 2 lists applicable interim and final trash Water Quality Based Effluent Limitations
(WQBELs) and all other final WQBELs and receiving water limitations established by Total,
Maximum Daily Loads (TMDLs) and identified by Section VI.C.4.B.ii of the Order. However,
per the Nutrients TMDL and the Chloride TMDL for the Santa Clara River, the primary source of
these pollutants is not the storm drain system.
Upper Santa Clara River Watershed
EWMP N01
June 2013
22
Table 2. Applicable Interim and Final Trash WQBELs and all other Final WQBELs and Receiving
Water Limitations' Occurring Before Enhanced Watershed Management Program Approval
TMDL
WQBEL
Order1
Santa Clara River
Reach 5
Final
April 6, 2010
Nutrients TMDL
Total Ammonia as Nitrogen
1 -hr average 5.2 mg/L
30 day average 1.75 mg/L
Nitrate as Nitrogen plus Nitrite as
Nitrogen
30 day average 6.8 mg/L
Santa Clara River
Reach 5 and 6 100 mg/L
Final
March 23, 2004
Chloride TMDL
20% drainage area covered by Full
Interim
March 6, 2012
Capture System
40% drainage area covered by Full
Interim
March 6, 2013
Lake Elizabeth, Munz
Capture System
Lake, Lake Hughes
60% drainage area covered by Full
Interim
March 6, 2014
Trash TMDL
Capture System
R4-2007-009
80% drainage area covered by Full
Interim
March 6, 2015
Capture System
100% drainage area covered by
Final
March 6, 2016
Full Capture System
Per Order R4-2012-0175, interim and final WQBELs are listed for trash TMDL and final WQBELs are listed for
other pollutants.
SECTION 3. IDENTIFY TMDL CONTROL MEASURES:
The Permittees to this EWMP are responsible for one TMDL that has interim (trash only) and
final WQBELs that occur prior to the anticipated approval of the Program. Table 3 identifies the
control measures being implemented by each Permittee for the TMDL. The Permittees will
continue to implement these measures during the development of the EWMP.
Upper Santa Clara River Watershed 2
EWMP NOI
June 2013
2tl
Table 3. Control Measures that will be Implemented Concurrently with EWMP Development for
TMDLs
SECTION 4. DEMONSTRATION OF MEETING LID ORDINANCE AND GREEN
STREET POLICY REQUIREMENTS:
The Permittees that are party to this NOI have LID ordinances and Green Streets policies in place
or in development. Table 4 summarizes the status of the Permittees' LID ordinances and Table 5
summarizes the status of the Permittees' Green Streets policies. More than 50% of the MS4
watershed area that will be addressed by the EWMP is covered by LID ordinances and Green
Streets policies. County of Los Angeles and City of Santa Clarita Draft Green Streets Policy and
Draft LID Ordinance are available on request.
Table 4. Status of LID Ordinance Coverage of the MS4 Watershed Area Addressed bV the EWMP
MS4 Wa�terslied I
MS4 Watershed
Are
1 1,a forwhich
Permittee i; Permittee is
t tl
Area Coverey Percentage of
1 Watershed
Responsf
Ordinance
ie I
City of Santa In Development 39,450.9
11111101
Clarita
County of Los
Draft Ordinance
81,972.1
81,972.1 67.5
An les
LACFCD
N/A
N/A
N/A N/A
Total MS4 Watershed Area 121,423
Total MS4 Watershed Area Covered by LID Ordinances
1 121,423
% of MS4 Watershed Area Covered by LID Ordinance 67.5%
Status Descriptions:
• Draft Ordinance — Permittee has completed, or will complete by lune 28, 2013, the development of a draft LID Ordinance that is in
compliance with the requirements of Order R4-2012-0175 for its portion of the MS4 watershed.
• In Development— Permittee initiated development of an LID Ordinance that is in compliance with the requirements of Order R4-2012-0175
for its portion of the MS4 in the watershed within 60 days of the effective date of Order R4-2012-0175 and will have a draft ordinance.
Upper Santa Clara River Watershed 3 June 2013
EWMPN01
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Table 5. Status of Green Street Policy Coverage of the MS4 Watershed Area Addressed by the
EWMP
]7A
�S4Watersh MS4 Watershed
Green Street
Area for which A ea t
of
Permittee
lic
Po y
Permittee is Permittee's LID
Watershed
(Indicate
Responsible Ordinance
Area
City of Santa
In Place
39,450.9 39,450.9
32.5
Clarita
County of Los
Draft Policy
81,972.1 81,972.1
67.5
Angles
LACFCD N/A N/A N/A
N/A
Total MS4 Watershed Area 121,423
Total MS4 Watershed Area Covered by Green Street 121,423
Policies
% of MS4 Watershed Area Covered by Green Street Policies
100
Status Descriptions:
• In Place— Permittee has adopted a Omen Street Policy that is in compliance with the requirements of Order R4-2012-0175 for its portion of
the MS4 in the watershed.
• Draft Policy — Permittee has completed, or will complete by June 28, 2013, the development of a draft Green Street Policy that is in
compliance with the requirements of order R4-2012-0175 for its portion of the MS4 watershed.
• In Development— Permittee initiated development of a Green Street Policy that is in compliance with the requirements of Order R4-2012-0175
for its portion of the MS4 in the watershed within 60 days of the effective date of Order R4-2012.0175 and will have a draft policy.
SECTION 5. GEOGRAPHIC SCOPE OF ENHANCED WATERSHED MANAGEMENT
PROGRAM:
The geographic scope covered by this EWMP is the portion of the upper Santa Clara River in Los
Angeles County and the City of Santa Clarita that is regulated by the Los Angeles County MS4
NPDES Permit. The scope excludes state and federal lands, including the Angeles National Forest
and the state parks lands. The Angeles National Forest and the state parks lands are outside Los
Angeles County MS4 NPDES Permit regulation and therefore not subject to the conditions of this
permit. The upper Santa Clara River watershed covered by the EWMP encompasses
approximately 121,423 acres. The entire Santa Clara River Watershed is 1,634 square miles,
which includes the land area within Ventura County as well as national forest and state park land
that is not included in this EWMP. Table 6 provides a breakdown of the land area within the
EWMP by Permittee and the land area of the upper Santa Clara River outside of NPDES Permit
conditions that are not included in the EWMP. Figure 1 provides a map of the watershed
boundaries and notes the jurisdictional boundaries of the Permittees and other pertinent entities in
the upper Santa Clara River. Of the total watershed area, the City of Santa Clarita and County of
Los Angeles have jurisdiction over 46% of the land area. The City of Santa Clarita and County of
Los Angeles do not have jurisdiction over lands owned by the State of California or the federal
government including the Angeles National Forest and state owned open space lands.
Upper Santa Clara River Watershed 4 June 2013
EWMP NOI
2,61
Table 6. Approximate Land Area within EWW and Other Watershed Areas
Watershed Lands Within EWMP Area
For Which the Permittees are
Responsible
County of Los Angeles Yes 81,972.1
City of Santa Clarita Yes 39,450.9
Los Angeles County Flood Control District Yes N/A
Approximate Area of EWMP Agencies 121;423
Watershed Lands Outside of EWMP
and NPDES Permit Conditions
State Parks Land (upper Santa Clara only) No 344
Angeles National Forest No 140,981
Approximate Total Upper Santa Clara 2629748
River Watershed
SECTION 6. PLAN CONCEPT AND INTERIM MILESTONES AND DEADLINES:
Unlike other watersheds, MS4 TMDL implementation plans have not been developed for the
upper Santa Clara River watershed. However, the County of Los Angeles and City of Santa
Clarita have a long history of collaboration to solve problems. The EWMP area is part of an
integrated regional water management plan. Through the Upper Santa Clara River Integrated
Regional Water Management Plari the County of Los Angeles and the City of Santa Clarita work
collaboratively with local water retailers and suppliers, the Santa Clarita Valley Sanitation
District, and local stakeholders to prioritize projects that improve water management in the
region. This tradition continues through an agreement to work together on the EWMP. The City
of Santa Clarita and the County of Los Angeles were in discussions to work together on the
bacteria TMDL as the new NPDES Permit was adopted. Those efforts have been modified to
incorporate the EWMP requirements. The City of Santa Clarita will act as coordinating agency
for the effort working collaboratively with County of Los Angeles and the many other
stakeholders in the area to develop and analyze EWMP efforts and projects. Volunteer efforts,
such as the annual River Rally clean up, will also be incorporated to gain community support for
the EWMP.
Protecting the environment has always been a priority for the area. The upper Santa Clara River
watershed provides a unique interface between a natural river and developed areas. The City has
endeavored to protect and restore the Santa Clara River through land acquisitions and invasive
Upper Santa Clara Rtver Watershed
EWMP N01
June 2013
M/
species removal projects. The City has preserved 7,955 acres of open space and County of Los
Angeles has over 2,200 acres. This is in addition to the nearly 140,000 acres of national forest
land. Over 117 species of threatened, endangered or, sensitive plant and wildlife species have been
recorded in the Santa Clara River watershed. The EWMP will help continue and build on existing
efforts to conserve and restore the Santa Clara River.
The primary approach to the EWMP will include the most community friendly and cost effective
methods of reducing urban runoff pollution. The economic impacts will be an important part of
the analysis of any project. In order to control costs and provide the most cost effective approach,
the EWMP Group will consider the following methods to reduce pollutants. These efforts can be
applied to any pollutant.
• Active source control
• Business training and outreach
• Outreach to residents
• Incentive programs
• Closer collaboration on outdoor water use and landscape management with water
suppliers
• Adaptive management to prioritize potential enforcement actions
• Continued active pursuit of open space
The EWMP will also evaluate multi -benefit regional projects that will retain, through infiltration
or capture and reuse, the storm water volume from the 85th percentile, 24-hour storm for the
drainage areas tributary to projects. The Santa Clarita Valley currently has excellent infiltration
of storm water and dry weather flows in many areas, including the riverbed itself.
Consistent with the Open Space and Conservation Element of the City General Plan and County
General Plan for the Santa Clarita Valley, the EWMP concept will focus on government,
business, and citizens working together to create a vision of sustainable development that
includes both human and environmental wellness and economic viability, or sustainability.
Using these considerations, multi -benefit regional projects will be evaluated for feasibility
alongside other watershed control measures to work toward MS4 discharge compliance with all
interim and final WQBELs. The evaluation will include source identification and analysis to
determine the best course of action considering human and environmental wellness, stakeholder
input, Technical Advisory Committee feedback, economic considerations and practicability and
feasibility of proposed projects. The resulting prioritized projects will form the basis of the
proposed EWMP.
To develop the EWMP and CMP, the City and County will develop a Work Plan outlining the
proposed approach to development of the EWMP. To ensure adequate progress is being made to
achieve the permit deadlines, interim milestone and deadlines for Work Plan, CHYTP, and EWMP
Plan development were identified and are summarized in Table 7.
Upper Santa Clara River Watershed 6 June 2013
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Table 7. Enhanced Watershed Management Program Interim Milestones and Deadlines
Table 7. Fnhanced WatershedNlanagement Prograrn Interim
Nfilestonesand Deadlines
Deadline
Sign MOU and award contract
July 2013
Compile technical memorandum of water quality priorities
December 2013
Complete internal draft of EWMP Work Plan
February 2014 *
Complete draft CIMP
February 2014 *
Technical Advisory Committee Review and Comments on CRVIP
and draft EWMP Work Plan
April 2014
Submit final EWMP Work Plan
June 2014
Submit final CIMP
June 2014
Conduct initial RAA based on selected watershed control measures
December 2014*
Complete internal draft of EWMP
March 2015
Submit draft EWMP to Regional Water Board
June 2015
Submit Final EWMP to Regional Water Board
(revised based on to Regional Water Board comments)
January 2016
DATES ARE TENTATIVE ESTIMATES AND MAY CHANGE ON AN AS NEEDED BASIS
SECTION 7. COST ESTIMATE:
The cost estimate for the development of the EWMP is $745,800 and the CRVIP is $100,000. This
does not include implementation costs or ongoing maintenance costs. It is estimated that the cost
of staff time for both City and County to administer, research, evaluate and prepare for reviews
and approvals will exceed several hundred thousand dollars over the 30 month period.
SECTION 8. PERMITTEE MEMORANDUM OF UNDERSTANDING:
All Permittees to the EWMP are committed to the completion of the program development.
A copy of the final draft Memorandum of Understanding with a signed letter of intent for the
County of Los Angles, City of Santa Clarita, and the Los Angeles County Flood Control District
are included in Attachment A
SECTION 9. COMMITMENT TO IMPLEMENT A STRUCTURAL BMP OR SUITE OF
BMPS:
The Permittees listed in Table 8 will implement the identified suite of BMPS to fulfill the
obligations under Part VI.C.b.iii. (5).
Upper Santa Clara RWer Watershed
EWMP NOI
June 2013
Table 8. Structural BMP or Suite of BMPs to be Implemented in the EWMP Watershed
Santa Clara River County of Los Trash removal BMPs for up to July 2015
Angeles 79 storm drain inlets in
commercial and industrial park
Santa Clara River City of Santa Clarita Trash removal BMPs for up to July 2015
110 storm drain inlets in
commercial and industrial park
SECTION 10. INCORPORATION OF THE LOS ANGELES RIVER WATERSHED
PORTION OF THE CITY OF SANTA CLARITA INTO EWMP
The City of Santa Clarita is also including an extremely small area, 0.09 square miles (or 0.233
square kilometers) of the Los Angeles River watershed located within City limits in this Notice of
Intent. The map of this area is in Figure 2. This small area is rural and undeveloped. There are no
stone drains, gutters, catch basins, or Municipal Separate Storm Sewer Systems (MS4s) in this
location. When it rains, the single paved road sheds water by sheet -flow to the surrounding open
areas. The nearest tributary to the Los Angeles River is Bull Creek, which is located
approximately 7 miles from this location. The City of Santa Clarita submitted a letter to the
Regional Water Quality Control Board dated April 11, 2013 regarding the Los Angeles River
Bacteria TMDL. In this letter we requested a revision to the square footage of Los Angeles River
watershed that was within City limits and incorporation of this portion of the Los Angeles River
Watershed into the EWMP process for the Santa Clara River That request is pending.
Nevertheless, the City would proceed with conditioning development and requiring post
construction best management practices as required by the MS4 NPDES Permit in the area. In
order to meet the deadline required by the NOI, the City has included this section to address the
small area and to incorporate it into the larger EWMP process. The TMDLs that will are included
during the EWMP development period for the Los Angeles River that affect that reach are listed
in Table 9.
In spite of its rural characteristics, the road is swept on a weekly basis and the City monitors the
area regularly for any illegal dumping activity. Based on the Santa Clara River TMDL for
Nitrogen and Effects TMDL modeling, aerial deposition of air pollution undeveloped lands is
second highest source of nitrogen loading in the area. As referenced in Tables 4 and 5 the City of
Santa Clarita is in the process of meeting the LID and green streets policies as required. The area
would be incorporated as part of the EWMP analysis. The timelines are outlined in Table 7. It is
anticipated the area would be assessed for pollution sources and considered for appropriate best
management practices, including infiltration of the 85`h percentile storm, from projects that
propose installation of storm drains or new development. The City would follow its sustainability
philosophy and pollutant prioritization to determine the best way to address this small drainage
area in the City limits that is largely undeveloped open space.
Upper Santa Clara River Watershed 8 June 1013
EWMP NO!
219
Los Angeles County has developed its own compliance path for the Los Angeles River due to the
large unincorporated lands in that watershed. Therefore, the areas for consideration in the EWMP
are unique to the City of Santa Clarita. However, due to the nature of the joint relationship with
Los Angeles County in this endeavor, it is difficult to separate out the work in the EWMP.
Working with a single consultant is critical to efficient and cost effective work. Therefore, the
intent is to incorporate only the City's area into the analysis and sequence the work appropriately.
Therefore, this small portion will be incorporated under the same EWMP contract and effort.
Upper Santa Clara Rtver Watershed
EWMP N01
June 1013
Table 9. Los Angeles River Interim and Final Trash WQBELs and all other
Final
WQBELs and Receiving Water Limitations Occurring Before Enhanced
Watershed
Management Program Approval
NH3-N (ammonia) One-hour average Final
December 28,
10.1 mg/1
2012
Los Angeles
NH3-N (ammonia) 30 day average 2.3
River Nitrogen
mg/l
Compounds and
Related Effects
NO3-N (nitrate) 30 day average 8.0 mg/l
TMDL
R12 - 010
NO2-N (nitrite) 30 day average 1.0 mg/I
NO3-N + NO2-N 30 day average 8.0 mg/l
30% of baseline
Interim
September 30,
2012
20% of baseline
Interim
September 30,
Los Angeles
2013
River
10% baseline
Interim
Septemberp30,
Watershed
014
Trash TMDL -
2007-012
3.3% baseline
Interim
September 30,
2015
0 percent baseline
Final
September 30,
2016
Upper Santa Clara River Watershed 10 June 2013
EWMP NOJ
3l
•p � Pug�O �puaH
a •,
Attachment A
FINAL DRAFT
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,
THE COUNTY OF LOS ANGELES, AND
THE CITY OF SANTA CLARITA
REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT
OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM AND
COORDINATED INTEGRATED MONITORING PROGRAM
FOR THE UPPER SANTA CLARA RIVER WATERSHED
This Memorandum of Understanding (MOU), is made and entered into as of the date of
the last signature set forth below by and between the LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT (LACFCD), a political subdivision of the State of California, the
COUNTY OF LOS ANGELES (LA COUNTY), a political subdivision of the State of
California, and the CITY OF SANTA CLARITA (CITY), a municipal corporation.
Collectively, these entities shall be known herein as "PARTIES" or individually as
"PARTY."
WITNESSETH
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region
(Regional Board) adopted National Pollutant Discharge Elimination System Municipal
Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and
WHEREAS, the MS4 Permit became effective on December 28, 2012 and
requires that the LACFCD, LA COUNTY, and 84 of the 88 cities (excluding Avalon,
Long Beach, Palmdale, and Lancaster) within the County of Los Angeles comply with
the prescribed elements of the MS4 Permit; and
WHEREAS, the MS4 Permit identified the PARTIES as the MS4 permittees that
are responsible for compliance with the MS4 Permit requirements pertaining to the
upper Santa Clara River; and
WHEREAS, the PARTIES have agreed to collaborate in the development of an
Enhanced Watershed Management Program (EWMP) and Coordinated Integrated
Monitoring Plan (GIMP) for the Upper Santa Clara River watershed areas and facilities,
controlled by LACFCD, LA County and the City to comply with certain elements of the
MS4 Permit; and
WHEREAS, the PARTIES collaboratively prepared a final Scope of Work to
obtain a consultant (the Consultant) to assist the PARTIES with complying with certain
elements of the MS4 Permit, as specified in the Scope of Work, which is incorporated
into this MOU by reference; and
Page 1 of 12
135
WHEREAS, the CITY solicited proposals and the PARTIES selected the
Consultant, Larry Walker and Associates, to prepare and deliver a Final Work Plan,
Draft Enhanced Watershed Management Program (EWMP) plan, Coordinated
Integrated Monitoring Program (CIMP), and the Final EWMP plan (collectively, PLANS)
in compliance with certain elements of the MS4 Permit; and
WHEREAS, the PARTIES have determined that hiring the Consultant to prepare
and deliver the PLANS will be beneficial to the PARTIES and they have agreed to
contribute funds to the CITY who will contract with the Consultant for the preparation of
the PLANS. The PARTIES desire to participate and will provide funding in accordance
with the cost allocation formula shown in Exhibit A; and
WHEREAS, the PARTIES have agreed that the total cost for developing the
PLANS shall not exceed $846,732 including project administration and 10%
contingency; and
WHEREAS, the PARTIES agree each shall assume full and independent
responsibility for ensuring its own compliance with the MS4 Permit and Total Maximum
Daily Loads (TMDLs) despite the collaborative approach of this MOU.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows:
Section 1. Recitals: The recitals set forth above are incorporated into this MOU.
Section 2. Purpose: The purpose of this MOU is to cooperatively fund the preparation
and submittal of the PLANS to the Regional Board.
Section 3. Voluntary: This MOU is voluntarily entered into for the purpose of preparing
and submitting the PLANS to the Regional Board.
Section 4. Terms: This MOU shall become effective on the latest date of execution by a
PARTY, and shall remain in effect until (i) the Regional Board's final approval date of
the last outstanding portion of the PLANS, (ii) The City has provided the PARTIES with
an accounting as set forth in section 5(f), and (iii) the PARTIES have paid all
outstanding invoices.
Section 5. CITY AGREES:
a. To solicit proposals for, award and administer the Consultant contract for the
preparation and delivery of the PLANS in accordance with the Scope of Work.
CITY will be compensated for the administration and management of the
Consultant contract at a percentage of TEN percent (10 %) of the total contract
cost for development of the PLANS as described in Exhibit A.
Page 2 of 12
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b. To invoice the PARTIES after the execution of this MOU for their share of the
cost for the preparation and delivery of the PLANS as described in Exhibit A.
The PARTIES shall pay CITY the amount invoiced within sixty (60) days of
receiving the invoice from CITY.
c. Contingency: CITY will notify the PARTIES if actual expenditures are anticipated
to require use of the contingency funds specified in Exhibit A and will obtain
written approval of such expenditures from all PARTIES prior to expenditures.
Expenditures that exceed the 10% contingency will require an amendment of this
MOU.
To utilize the funds deposited by the PARTIES only for the administration of the
Consultant contract, project management, and the preparation and completion of
the PLANS.
e. To provide the PARTIES with an electronic copy of the technical memos, draft
PLANS, and the completed PLANS within 7 business days after receipt from the
Consultant.
To provide an accounting upon the early termination of this MOU pursuant to
section 8 or 60 days after the date the Regional Board gives final approval to the
last outstanding portion of the PLANS, or June 20, 2016, whichever comes first.
At the completion of the accounting, CITY shall return the unused portion of all
funds deposited with CITY in accordance with the cost allocation formula set
forth in Exhibit A.
g. To instruct the Consultant to not submit any PLANS to the Regional Board unless
and until the PLANS have been approved, in writing, for submittal by all
PARTIES to this MOU, which approval will not be unreasonably withheld. If the
PARTIES cannot agree upon the final language of the PLANS to be submitted to
the Regional Board, then this MOU shall terminate and the PARTIES shall each
be entitled to copies of the Consultant's materials prepared to date for use by
each individual PARTY.
Section 6. THE PARTIES FURTHER AGREE:
a. To make a full faith effort to cooperate with one another to achieve the purposes
of this MOU by providing information about project opportunities, reviewing
deliverables in a timely manner, and informing their respective administration,
agency heads, and/or governing body.
To fund the cost of the preparation and delivery of the PLANS and to pay CITY
for the preparation and delivery of the PLANS based on the cost allocation set
forth in Exhibit A.
Page 3 of 12
-�-f
c. To grant reasonable access and entry to the Consultant, on an as needed basis
during the term of this MOU, to the PARTIES' storm drains, channels, catch
basins, and similar properties (FACILITIES) to achieve the purposes of this
MOU, provided, however, that prior to entering any of the PARTIES' FACILITIES,
the Consultant shall secure written authorization 72 hours in advance of entry
from the applicable PARTY.
The CITY shall require the Consultant retained pursuant to this MOU to agree to
indemnify, defend and hold harmless each PARTY, its special districts, elected
and appointed officers, employees, agents, attorneys, and designated volunteers
from and against any and all liability, including but not limited to demands,
claims, actions, fees, costs, and expenses (including attorney and expert fees),
arising from or connected with the Consultant's performance of its agreement
with CITY. In addition, CITY shall require the Consultant to carry, maintain, and
keep in full force and effect an insurance policy or policies, and each PARTY, its
officers, employees, agents, attorneys, and designated volunteers shall be
named as additional insureds on the policy(ies) with respect to liabilities arising
out of the Consultant's work. These requirements will also apply to any
subcontractors hired by the Consultant.
Section 7. Indemnification
a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY,
including its special districts, elected and appointed officers, employees, agents,
attorneys, and designated volunteers from and against any and all liability,
including, but not limited to demands, claims, actions, fees, costs, and expenses
(including reasonable attorney's and expert witness fees), arising from or
connected with the respective acts of each PARTY arising from or related to this
MOU; provided, however, that no PARTY shall indemnify another PARTY for that
PARTY'S own negligence or willful misconduct.
b. In light of the provisions of Section 895.2 of the Government Code of the State of
California imposing certain tort liability jointly upon public entities solely by reason
of such entities being parties to an agreement (as defined in Section 895 of said
Code), each of the PARTIES hereto, pursuant to the authorization contained in
Section 895.4 and 895.6 of said Code, shall assume the full liability imposed
upon it or any of its officers, agents, or employees, by law for injury caused by
any act or omission occurring in the performance of this MOU to the same extent
such liability would be imposed in the absence of Section 895.2 of said Code. To
achieve the above stated purpose, each PARTY indemnifies, defends, and holds
harmless each other PARTY for any liability, cost, or expense that may be
imposed upon such other PARTY solely by virtue of said Section 895.2. The
provisions of Section 2778 of the California Civil Code are made a part hereof as
if incorporated herein.
Section 8. Termination
Page 4 of 12
a. This MOU may be terminated upon the express written agreement of all
PARTIES. If this MOU is terminated, then all PARTIES must agree on the
equitable redistribution of remaining funds deposited, if there are any, or payment
of invoices due at the time of termination. Completed work shall be owned by all
PARTIES. Rights to uncompleted work by the Consultant still under contract will
be held by the PARTY or PARTIES who fund the completion of such work.
b. If a PARTY fails to substantially comply with any of the terms or conditions of this
MOU, then that PARTY shall forfeit its rights to work completed through this
MOU, but no such forfeiture shall occur unless and until the defaulting PARTY
has first been given notice of its default and a reasonable opportunity to cure the
alleged default.
Section 9. General Provisions
a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any
request, demand, statement, or other communication required or permitted
hereunder shall be in writing and shall be delivered to the representatives of the
PARTIES at the addresses set forth in Exhibit B attached hereto and
incorporated herein by reference. Parties shall promptly notify each other of any
change of contact information, including personnel changes, provided in Exhibit
B. Written notice shall include notice delivered via email or fax. A notice shall be
deemed to have been received on (a) the date of delivery, if delivered by hand
during regular business hours, or by confirmed facsimile or by email; or (b) on the
third (3) business day following mailing by registered or certified mail (return
receipt requested) to the addresses set forth in Exhibit B.
b. Administration. For the purposes of this MOU, the PARTIES hereby designate
as their respective PARTY representatives the persons named in Exhibit B. The
designated PARTY representatives, or their respective designees, shall
administer the terms and conditions of this MOU on behalf of their respective
PARTY. Each of the persons signing below on behalf of a PARTY represents
and warrants that he or she is authorized to sign this MOU on behalf of such
PARTY.
c. Relationship of the Parties. The PARTIES are, and shall at all times remain as to
each other, wholly independent entities. No PARTY to this MOU shall have
power to incur any debt, obligation, or liability on behalf of any other PARTY
unless expressly provided to the contrary by this MOU. No employee, agent, or
officer of a PARTY shall be deemed for any purpose whatsoever to be an agent,
employee, or officer of another PARTY.
d. Binding Effect. This MOU shall be binding upon, and shall be to the benefit of
the respective successors, heirs, and assigns of each PARTY; provided,
Page 5 of 12
M
however, no PARTY may assign its respective rights or obligations under this
MOU without the prior written consent of the other PARTIES.
e. Amendment. The terms and provisions of this MOU may not be amended,
modified, or waived, except by an instrument in writing signed by all non -
delinquent PARTIES.
f. Law to Govern. This MOU is governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of California.
g. Severability. If any provision of this MOU shall be determined by any court to be
invalid, illegal, or unenforceable to any extent, then the remainder of this MOU
shall not be affected, and this MOU shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in this MOU.
h. Entire Agreement. This MOU constitutes the entire agreement of the PARTIES
with respect to the subject matter hereof.
i. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of
this MOU shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any PARTY to any breach of the provisions of this MOU shall not
constitute a waiver of any other provision, nor a waiver of any subsequent breach
or violation of any provision of this MOU.
j. Counterparts. This MOU may be executed in any number of counterparts, each
of which shall be an original, but all of which taken together shall constitute but
one and the same instrument, provided, however, that such counterparts shall
have been delivered to all PARTIES to this MOU.
k. All PARTIES have been represented by counsel in the preparation and
negotiation of this MOU. Accordingly, this MOU shall be construed according to
its fair language. Any ambiguities shall be resolved in a collaborative manner by
the PARTIES and shall be rectified by amending this MOU as described in
Section 9(e).
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be
executed by their duly authorized representatives and affixed as of the date of signature
of the PARTIES:
Page 6 of 12
COUNTY OF LOS ANGELES
By
GAIL FARBER Date
Director of Public Works
APPROVED AS TO FORM:
John F. Krattli
County Counsel
Deputy
Page 7 of 12
4t
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
GAIL FARBER Date
Chief Engineer
APPROVED AS TO FORM:
John F. Krattii
County Counsel
0
Deputy
Page 8 of 12
CITY OF SANTA CLARITA
By
KENNETH STRIPLIN Date
City Manager
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
JOSEPH M. MONTES
City Attorney
Page 9 of 12
Date
��
EXHIBIT A
Upper Santa Clara River Watershed EWMP and CIMP
Funding Contributions
Table 1. Total Contract Costs
Meetings and Project Management
$91,408
Develop EWMP Work Plan
$141,030
Develop CIMP
$99,930
Develop EWMP Plan
$367,410
Base Contract Cost
$699,778
10% Contract Contingency
$69,978
Contract Cost
$769,756
Table 2. Total Cost
Contract Cost $769,756
City of Santa Clarita Contract
Administration $76,976
(10% of Contract Cost)
Estimated Total Cost $846,732
Table 3. Cost Allocation Formula
x ' "' .and Percent ofF ' Contr ibutro;y T tat a
P
AY r
�,��,aAreal ��'aGombrned x1�E n per � Contributlo:
Land
reS
('AC)`P
k
Area Lan ,
Los Angeles County Flood Control N/A N/A N/A $84,673
District
County of Los Angeles 81,972.1 67.5% $514,390 $514,390
Santa Clarita 39,450.9 32.5% $247,669 $247,669
otal 121,423.0 100.0% $762,059 $846,732
Page 10 of 12
0
Table 4. Total Project Contributions
This payment plan as set forth in Table 4 is optional. Any Agency may pay the full
amount in in the first payment.
Page 11 of 12
0
1=Invoice:(50%)
2ntl'Invoice (50Total
Invacmg a
Fiscal Year 2013-114
Fiscal year 2014
,.
,.
Los Angeles County Flood Control District
$42,336
$42,337
$84,673
County of Los Angeles
$257,159
$257,159
$514,390
City of Santa Clarita
$123,835
$125,834
$247,669
Total
$264,000
$264,000
$846,732
This payment plan as set forth in Table 4 is optional. Any Agency may pay the full
amount in in the first payment.
Page 11 of 12
0
EXHIBIT B
Upper Santa Clara River Watershed EWMP
Responsible Agencies Representatives
County of Los Angeles
Department of Public Works
Watershed Management Division, 11"' Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Angela George
E-mail: AGEORGE@dpw.lacounty.gov
Phone: (626) 458-4325
Fax: (626) 457-1526
Los Angeles County Flood Control District
Department of Public Works
Watershed Management Division, 11�h Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Gary Hildebrand
E-mail: GHILDEB@dpw.lacounty.gov
Phone: (626) 458-4300
Fax: (626) 457-1526
3. City of Santa Clarita
Environmental Services Division
23920 Valencia Blvd
Santa Clarita CA 91355
Travis Lange
E-mail: tlange@santa-clarita.com
Phone: 661-286-4098
Fax: 661-255-4356
Page 12 of 12
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14-1
720 Wilshire Blvd. Suite 204 310.394.1036 www.lwa.com
Santa Monica, CA 90401 310.394.8959 fax
L A R R Y
WALKER
ASSOCIATES
June 19, 2013
Oliver Cramer
City of Santa Clarita
23920 Valencia Blvd,
Suite 300
Santa Clarita CA 91355-2196
Dear Mr. Cramer:
The LWA Team is pleased to provide you with the following scope of work to conduct
additional investigations related to the Bacteria TMDL for the City of Santa Clarita and portions
of County of Los Angeles located in the Upper Santa Clara Watershed. The proposed scope is
comprised of modifications to the tasks proposed for the development of a bacteria
implementation plan for the Upper Santa Clara River as outlined in our June 7, 2012 Proposal.
For all tasks, the scope has been modified to include all prioritized water quality constituents
instead of only bacteria and to remove monitoring components of the study.
SCOPE OF WORK
1 Optional Additional Investigations
The following presents the Optional Additional Investigations identified as Task I in the July 7,
2012 proposal. The scope for Task I.1 (Use Attainability Analysis) was modified to reflect an
initial analysis of the impacts of conducting a Use Attainability Analysis. However, it is our
understanding that monitoring is not part of the current effort and that the Reference Reach
Study is no longer needed as part of this work effort. As such, the scope for Task I.2 (Reference
Reach Study) was removed and Task 1.3 (Fire Study) was revised to cover the work planning
components only. It is suggested that any needed monitoring be conducted in coordination with
the implementation of the CIMP. Note that meetings costs for the Optional Additional
Investigations were reduced as it was assumed that regularly scheduled Work Plan, CIMP, and
EWMP meetings could be utilized to discuss additional investigation work products.
Oliver Cramer
June 19, 2013
Page 3 of 3
have pre -fire data so that differences can be characterized. This key aspect must also be
considered during Work Plan development because many potential sites will likely not have pre -
fire data. If sites are not currently available within the watershed, the Work Plan can include site
selection criteria consistent with those outlined in the SCCWRP approach so that once a fire
occurs the sampling can be initiated immediately. Table 2 outlines the tasks and schedule to
complete a draft and final Reference Reach Study Work Plan.
Table 2. Fire Study - Tasks, Sequence, Dependencies, and Significant Completion Dates
2 COST ESTIMATE
The LWA Team proposes to complete the tasks listed above for a not -to -exceed cost of $50,000.
Details of the cost estimate are presented in Table 3.
Table 3. Proposed Cost Estimate
RFP Scope
Task No.
Task Description
Labor
Hours
Labor
Costs
Direct
Costs
Tonal
1.1
UAA
188
$28,740
$143
$28,883
1.3
Fire Studv Work Plan
182
$19,236
$250
$19,486
Total»»
388
$49,524
$393
$49,917
I look forward to discussing the scope and proposed cost estimate at your convenience. You can reach
me at 310-394-1036 or Ashlid@lwa.com.
Respectively submitted,
t
Ashli C Desai
Vice President
Larry Walker Associates
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
LARRY WALKER ASSOCIATES
Contract No.13=`'00238
This AGREEMENT is entered into this _ day of 20, by and
between the CITY OF SANTA CLARITA, a municipal corporation and general law city
("CITY") and Larry Walker Associates, a California corporation ("CONSULTANT").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES. below; and
B. As additional consideration, CONSULTANT and CITY a-ree to abide by the
terms and conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed Sixty Thousand dollars ($60,000) 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 "A," which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A," which is
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 work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
Revised 1/2011 Page I of 10
hourly rates for each personnel category and reimbursable costs (all as set forth in
Exhibit "A") 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 work during the
preceding billing month and a cumulative cash flow curve showing projected and actual
expenditures versus time to date.
5. 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.
6. ADDITIONAL WORK.
A. If CONSULTANT believes Additional Work. is needed to complete the Scope of
Work, CONSULTANT will provide the CITY with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be
performed; and
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or wilt investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance 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.
8. TERM. The term of this Agreement will be from 8/1/2013 to6/30/2016. Unless otherwise
determined by written amendment between the parties, this Agreement will terminate in the
following instances:
A. Completion of the work specified in Exhibit "A."
B. Termination as stated in Section 15.
Revised 1/2011 Page 2of 10
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 22
of this Agreement: and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the CITY 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.
I L CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
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. WAIVER. CITY's. review or acceptance of, or payment for, work 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.
15. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
Revised 1/2011 Page 3 of 10
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 additional
work 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 work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
16. 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 completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public -CITY 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.
18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of the performance of this agreement by CONSULTANT.
Should CITY be named in any suit, or should any claim be brought against it by suit or
otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this
Agreement, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory
to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in
settlement or costs incurred in defense otherwise.
19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
Revised 1/2011 Page 4 of 10
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
22. INSURANCE.
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: $1,000,000
Professional Liability $1,000.000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
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. 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 trust 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 three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
Revised 1/2011 Pace 5 of 10
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 officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 0106 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement 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 insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain coverage at CONSULTANT'S
expense and deduct the cost of such insurance from payments due to
CONSULTANT under this Agreement or terminate. In the alternative, should
CONSULTANT fail to meet any of the insurance requirements under this
a reement City may cancel the Agreement immediately with no penalty.
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.
23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, 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 work remaining and a
description of the work to be done before the next schedule update.
25. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT:
Larry Walker and Associates
720 Wilshire Blvd, Ste. 204
Santa Monica, CA 90401
Attention: Ashli Desai
If to CITY:
City of Santa Clarita
23920 Valencia Boulevard.. Suite 300
Santa Clarita, CA 91355
Attention: Oliver Cramer
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States mail, postage prepaid and properly
Revised 1/2011 Page 6 of 10
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 paragraph.
26. 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 25. 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(S) will be
performing a specialized or general service for the CITY, and there is substantial
likelihood that the CONSULTANT'S work product will be presented, either written
or orally, for the purpose of influencing a governmental decision. As a result, the
following CONSULTANT(S) shall be subject to the Disclosure Category "I" of the
CITY's Conflict of Interest Code:
27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County,
30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
Revised 1/2011 Page 7 of 10
31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There is/are!_�`;',�,.') Attachment(s) to this
Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement
and any subsequent successors and assigns.
32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this
Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole,
and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
33. 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.
34. 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. This Agreement may be modified by written amendment.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
35. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
36. CAPTIONS. The captions of the 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. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, .
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it 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.
40. PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively supports
the Immigration and Nationality Act (INA), which includes provisions addressing employment
eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire
Revised VZOI 1 Page 8 of 10
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 (1-9). The CONSULTANT shall establish appropriate procedures and
controls so no services or products under the Contract Documents will be performed or
manufactured by any worker who is not legally eligible to perform such services or employment.
[SIGNATURES ON NEXT PAGE],
Revised 1/2011 Page 9 of 10
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first hereinabove written.
FOR CONSULTANT:
0
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
ma
City Manager
Date
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
City Attorney
Date:
Revised 1/2011 Pa -e 10 of 10
Oliver Cramer
720 Wilshire Blvd. Suite 204 310.394.1036 www.lwa.com
Santa Monica, CA 90401 310.394.8959 fax
L A R R Y
WALKER
t
t. L'4'.`
ASSOCIATES
June 19, 2013
Oliver Cramer
City of Santa Clarita
23920 Valencia Blvd.
Suite 300
Santa Clarita CA 91355-2196
Dear Mr. Cramer:
The L WA Team is pleased to provide you with the following scope of work to prepare an
Enhanced Watershed Management Program (EWMP) and Coordinated hmtegrated Monitoring
Program (CIMP) for the City of Santa Clarita and portions of County of Los Angeles located in
the Upper Santa Clara Watershed. The EWMP will also address the portion of the City of Santa
Clarita that drains to the Los Angeles River watershed. The proposed scope outlines the tasks
necessary to develop a cost-effective and approvable EWMP. The proposed scope is comprised
of modifications to the tasks proposed for the development of a bacteria implementation plan for
the Upper Santa Clara River as outlined in our .Tune 7, 2012 Proposal. For all tasks, the scope has
been modified to include all prioritized water quality constituents instead of only bacteria.
A comparison between this scope of work and the July 7, 2012 proposal included, as follows:
• For each task identified in this scope of work, the original task from the July 7, 2012
proposal is included in parentheses.
• For tasks which did not have a similar task in the July 7, 2012 proposal, (New) has been
placed next to the task.
• In some cases, there was a similar task, but additional elements were needed to ensure the
scope of work satisfied the MS4 permit requirements beyond just evaluating additional
constituents. These tasks have been noted as expanded in the parentheses.
The scope of work has also been modified to remove Tasks E, F and H. These tasks were
specific to monitoring to be conducted for the Bacteria TMDL and the associated data
management and reporting that would be required for those monitoring programs. Since the
CIMP will replace the TMDL monitoring requirements, it is not necessary to conduct monitoring
specifically for the Bacteria TMDL.
Oliver Cramer
June 19, 2013
Page 2 of 10
SCOPE OF WORK
Meetings and Project Management
1.1 Meetings and Communications (Task B 3 with modified meeting frequency)
The LWA Team will conduct regular meetings and teleconferences to successfully complete the
development of an EWMP and CIMP. In-person meetings will be conducted to discuss key
milestones or work products and teleconferences are proposed for other meetings. For the
purposes of this scope, 12 meetings were assumed. In addition to meetings with the City and
County, members of the LWA Team will attend 2 meetings with the TAC and 4 meetings with
the Los Angeles Regional Water Quality Control Board (RWQCB). For the purposes of this
scope, 10 teleconferences were assumed.
1.2 Electronic Method of Information Exchange (Task B.4)
The LWA Team will host a secure SharePoint project Web site to enable easy and up-to-date
collaboration and information sharing amongst the project team and the City and County.
SharePoint is a centralized, easy-to-use electronic file access and retention system that is simple
to set up and maintain and intuitive to use.
1.3 Project Management and Coordination (Task B.5)
LWA will provide overall project management for the project and will coordinate
communications between the City and County and the team members. Through the status
updates and SharePoint site, LWA will provide the City and County with project status
information. This status information will be used to monitor budgets and schedules to ensure the
project is meeting those requirements.
2 Develop EWMP Work Plan
Under this task, the LWA Team will prepare a Work Plan for developing an EWMP for
submittal to the RWQCB. As described below, the Work Plan will be developed using a series of
Technical Memoranda. In this manner, the Work Plan can be developed sequentially and
efficiently, facilitating input from the City and County at key decision points to avoid costly and
time-consuming miscues. It is expected that memoranda will not be finalized, per se; rather final
versions of the infornation will be presented in the Draft and Final EWMP Work Plans.
2.1 Identify Water Quality Priorities (Expansion of Task C.1)
The LWA Team will use the information gathered during the development of the Data
Compilation memo (previous completed as part of Task C.I for bacteria) to evaluate existing
water quality conditions and characterize receiving water, stormwater and non-stormwater
discharges from the MS4. The information combined with a review of the 303(d) list and
existing TMDLs will be used to develop water quality priorities based on the categories
identified in the MS4 Permit. As part of the identification, the LWA Team will review existing
information to identify and prioritize known and suspected sources of water quality priorities.
Oliver Cramer
June 19, 2013
Page 3 of 10
Deliverables:
Draft Tech Memo: Identification of Water Quality Priorities
2.2 Identification of Preferred and Available BMPs Task G.1
For development of the EWMP Work Plan, the LWA Team will begin with identification of
BMPs that are preferred and available. The LWA Team will complete the following Work
Planning efforts.
Summarize existing control measures and review existing planning documents, including
existing TMDL requirements and implementation plans and the Upper Santa Clara River
Integrated Regional Water Management Plan (IRWMP) to identify potential future
control measures.
• Work with the City and County to identify viable and preferred control measures to
address the water quality priorities (i.e., the types of structural and non-structural BMPs
will be emphasized).
• Perform a GIS screening to identify potential project locations for distributed and
regional projects.
• Identify a preliminary list of potential regional projects and outline an approach for
identifying additional regional projects and evaluating all potential regional projects.
• Describe the approach to be used for the Reasonable Assurance Analysis (RAA).
Deliverables:
• Draft Tech Memo: Summary of Existing and Potential Control Measures
• Draft Tech Memo: Description of RAA Approach
Note that some elements of Tech Memo #1 may not be included in the Work Plan and will
instead be used to get a head start on BMP planning and support development of the Final
EWMP Plan.
2.3 Develop Draft and Final EWMP Work Plans (New)
Utilizing the information developed in the tasks above as well as additional information
specifically developed as part of this task, the LWA Team will prepare a draft EWMP Work Plan
for review by the City and County. The draft EIA7MP Work Plan will include:
• Proposed approaches to addressing 303(d) listed and non -303(d) listed receiving water
exceedances not addressed by a TMDL in the watershed.
• A schedule and approach to complete the EWMP Plan.
• Summary of water quality priorities and proposed sequencing.
• Reasonable assurance analysis approach.
• Approach to identifying and evaluating potential control measures.
The LWA Team will prepare a draft Work Plan for review by the City and County. The LWA
Team will provide two revisions of the draft Work Plan and support submittal of the Work Plan
to the RWQCB.
Oliver Cramer
June 19, 2013
Page 4 of 10
Deliverables:
• Draft EWMP Work Plan
• Final EWMP Work Plan based on City and County comments
Develop Coordinated Integrated Monitoring Program (CIMP)
The MS4 Permit outlines a daunting Monitoring and Reporting Program (MRP). The purpose of
the monitoring is to assess chemical, physical, and biological impacts from the MS4 on receiving
waters, assess compliance with RWLs and WQBELs,'characterize pollutant loads, identify
sources of pollutants in MS4 discharges, and measure and improve the effectiveness of controls.
To meet the purpose of the MRP, five components are identified: receiving water monitoring,
outfall monitoring (both stormwater and non-stormw_ater), new development/redevelopment
effectiveness tracking, and regional/special studies. As currently prescribed, the MRP contains
the most extensive requirements of any MS4 Permit the Team is aware of nationally. However,
the opportunity exists, through the development of a CIMP, to modify or eliminate elements of
the MRP as necessary as long as the intended objectives of the monitoring are fulfilled. Through
this task, the LWA Team will identify those aspects that can be modified or minimized while
ensuring compliance with the MS4 permit requirements, including those associated with
TMDLs.
As described below, the CIMP will be developed using a series of Technical Memoranda. In this
manner, the CIMP can be developed sequentially and efficiently, facilitating input from the City
and County at key decision points to avoid costly and time-consuming miscues. It is expected
memoranda will not be finalized, per se; rather final versions of the information will be presented
in the Draft and Final CIMPs.
3.1 Develop Outfall and Receiving Water Monitoring Approach (New)
The LWA Team will develop a proposed monitoring approach based on an evaluation of TMDL
and MS4 permit monitoring requirements and opportunities to coordinate existing monitoring
programs. The approach will include:
• A summary of all TMDL and MS4 permit required monitoring
• A storm water outfall monitoring approach, including an estimated number of outfalls
• A non -storm water screening and monitoring approach
• An approach to integrating TMDL and MS4 permit receiving water monitoring
requirements and identification of an estimated number of monitoring sites and general
locations.
Deliverables:
• Draft Tech Memo: Outfall and Receiving Water Monitoring Approach
Oliver Cramer
June 19, 2013
Page 5 of 10
3.2 Site Selection (Expansion of Task C.2 and Portion of Task GA Incorporated)
Based on the monitoring approach, the LWA Team will identify potential monitoring locations.
Information utilized to develop the SCR Bacteria TMDL Receiving Water Monitoring Plan will
be used to facilitate site selection. Proposed sites will be summarized in a memorandum.
As part of this task, the LWA Team will conduct site assessments of potential monitoring
locations. The site assessments will evaluate candidate monitoring locations for accessibility,
safety during dry and wet weather sample collection, flow conditions, and ability to address the
goals and objectives of the monitoring program.
Deliverables:
• Draft Tech Memo: Site Selection
3.3 New Development and Re -development Effectiveness Tracking (New)
The LWA Team will review existing new development and re -development tracking procedures
for the City and County and prepare reporting and data management protocols to support
tracking will be developed.
Deliverables:
Draft Tech Memo: New Development and Re -development Effectiveness Tracking
Approach
3.4 Develop Draft and Final CIMP (Basically New Task D and Portion of Task G.4
Incorporated)
The LWA Team will prepare a draft CIMP incorporating the information developed in the
previous tasks as well as additional information specifically developed as part of this task. The
draft CIMP will include:
1. Sample collection methods, analytical methods, field observation requirements, Toxicity
Identification Evaluation (TIE) initiation approach and QA/QC protocols.
2. Water quality data management protocols consistent with the most recent update of the
Southern California Municipal Storm Water Monitoring Coalition's (SMC) Standardized
Data Transfer Formats (SDTFs).
3. An integrated monitoring and assessment program to evaluate progress toward achieving
applicable limitations.
4. A process for revising components of the CIMP.
The LWA Team will prepare a draft CIMP for review by the City and County. The LWA Team
will provide two revisions of the draft CIMP and support submittal of the CIMP to the RWQCB.
The LWA Team will revise the CIMP within two months of receipt of RWQCB comments on
the CIMP.
Oliver Cramer
June 19, 2013
Page 6 of 10
Deliverables:
• Draft CIMP
• Final CIMP based on City and County comments
• Revised Final CIMP based on RWQCB comments
4 Develop EWMP Plan
As described below, the EWMP will be developed using a series of Technical Memoranda. In
this manner, the EWMP can be developed sequentially and efficiently, facilitating input from the
City and County at key decision points to avoid costly and time-consuming miscues. It is
expected that memoranda will not be finalized, per se; rather final versions of the information
will be presented in the Draft and Final EWMP Work Plans
4.1 Finalize Approach to Addressing 303(d) Listings and Other Exceedances of Receiving
Water Limitations (New)
Under this task, the LWA Team will develop interim numeric milestones and compliance
schedules for the 303(d) listed and non -303(d) listed receiving water limitations exceedances not
addressed in a TMDL in the watershed.
Deliverables:
• Draft Tech Memo: Approach to Addressing 303(d) Listings, and Other Exceedances of
Receiving Water Limitations
4.2 Develop List of Regional BMPs and Conduct Initial Screening (Task G 1.3)
Under this task, the LWA Team will identify potential specific sites for regional BMPs and
opportunities for multiple uses such as recreational/park/green space or water storage and reuse.
An investigation will be performed to identify and assess potential sites for the placement of
regional BMPs. Priority locations of regional BMPs will be publicly -owned properties to reduce
the need for land acquisition. Our Team will develop a process for site investigations, which will
be reviewed and approved by the City and County prior to implementation. At a minimum, the
process for site investigation will include the following steps:
• Site screening based on GIS analysis of land ownership parcels and site characteristics
such as soil type, slope, and proximity within the watershed and near urban areas;
• Development of a list of potential locations for regional BMPs, with priority based on
publicly owned properties, and consideration of sites already planned for public facilities
(e.g., parks, flood control, water storage and reuse);
• Field investigation of potential locations for regional BMPs, including documentation of
site characteristics that can impact or impede BMP design or construction (e.g., soil
infiltration rates, proximity to storm drain system);
Oliver Cramer
June 19, 2013
Page 7 of 10
Evaluation of opportunities for incorporation of multi -use features at potential locations
investigated, promoting an integrated approach to BMP selection and planning and
increasing opportunities for funding (e.g., creation of recreational park space).
Screening of soils and infiltration rates will be based on readily -available information, including
published geologic literature and maps, topographic maps, aerial photographs, and geotechnical
investigations performed by the City and County at nearby locations. Our Team will coordinate
with City and County staff to obtain available information that can support this task. During field
investigations, our Team will also perform infiltration tests (where permitted) at five sites to
verify assumptions for infiltration rates. Based on information available, the feasibility of
infiltrating stormwater at each site will be considered. It is important to note for those regional
BMPs that are selected by the City and County to be constructed (if any), prior to final design it
will be necessary to perform geotechnical investigations (not included in this scope of work)
prior to construction. A regulatory screening will also be performed to identify potential
regulatory hurdles to project implementation.
Deliverables:
Draft Tech Memo: List of Regional Projects and Initial Screening
4.3 Watershed -scale Optimization of Nonstructural and Structural BMPs and Reasonable
Assurance Analysis (Task G.2)
A linked LSPC-SUSTAIN modeling system based on the Watershed Management Modeling
System (WMMS) developed and maintained by Los Angeles County Flood Control District will
be applied. The model will provide watershed -wide optimization scenarios of the most cost-
effective and practical combination of nonstructural BMPs (for those that load reductions can be
quantified) and structural BMPs (regional and distributed) to achieve the permit requirements.
Based on the proposed sites and BMP types assessed, our Team will recommend BMP types,
sizes, and configurations to meet the overall goals of the City and County. The model will also
be used to assess the "sensitivity" of BMP cost estimates on potential regulatory options. For
example, the potential BMP cost reduction that would be associated with a High Flow
Suspension will be quantified.
The LSPC-SUSTAIN model will be based on the Watershed Management Modeling System
(WMMS) developed and maintained by Los Angeles County Flood Control District. The
WMMS model will be used to develop cost-effectiveness curves and to select optimized BMP
scenarios for the City and County jurisdictions. The entire Upper Santa Clara River watershed is
included in this scope or work, but the BMP modeling effort is assumed to include "compliance
points" in Reach 5, 6, and 7 of the Santa Clara River, and up to four (4) additional tributaries that
discharge into the Santa Clara River.
The model will also be used to conduct a RAA to demonstrate that the identified watershed
control measures will achieve applicable WQBELs and/or RWLs.
As part of this task, the LWA Team will also summarize the MCMs identified in the Work Plan
and determine applicable modifications to the MCMs.
Oliver Cramer
June 19, 2013
Page 8 of 10
A draft memo will be provided to the City and County for review with details on the modeling
process used for BMP prioritization, and the resulting prioritized list of BMPs. Our Team will
also meet with the City and County and provide a presentation of the evaluation and
prioritization process and receive input from the City and County.
Deliverables:
• Draft Tech Memo: Selected Watershed Control Measures and Reasonable Assurance
Analysis
4.4 EWMP Cost Estimates and Project Schedules (Task G.3 and portion of Task G.4)
The LWA Team will perform a cost analysis for the proposed identified projects and programs.
The cost analysis will estimate BMP -related costs associated with planning, design, permits,
construction, operation and maintenance, etc. This task includes an evaluation of the overall
economic impacts the proposed projects and programs may have on the community. Results
from these cost analyses will be summarized in a draft memo for City and County review and
comment, including overall costs associated with several different scenarios. Additionally,
schedules and project sequencing will be developed. The project schedules will consider TMDL
implementation schedules and relevant phases of project construction.
Deliverables:.
• Draft Tech Memo: Project Schedules and Cost Estimates
4.5 Develop Draft and Final EWMP (Expansion of Task G.41
Based on the technical memoranda developed for the previous three tasks, our Team will draft an
EWMP for the City and County. The EWMP will identify milestones and compliance schedules
to measure progress towards achieving the identified water quality priorities. The EWMP will
also identify an adaptive management process. "Fact sheets" for regional projects (e.g., regional
BMP concepts) needed to meet the EWMP requirements will be included in the plan, which will
include essential information for further conceptual planning for project implementation. The
identified distributed BMPs will be detailed on a subwatershed-scale (normally 1-2 square mile
areas). The EWMP will also summarize the nonstructural BMPs that were included in the RAA.
Finally, BMP implementation schedules and cost estimates will be provided.
Our Team will provide a presentation to City and County staff following delivery of the draft
EWMP, and use the meeting in conjunction with written comments to develop the final version
of the EWMP. The LWA Team will provide two revisions of the draft EWMP and support
submittal of the EWMP to the RWQCB. The LWA Team will revise the EWMP within two
months of receipt of RWQCB comments on the EWMP.
Deliverables:
• Draft EWMP
• Final EWMP based on City and County comments
• Revised Final EWMP based on RWQCB comments
A
Oliver Cramer
June 19. 2013
Page 9 of 10
5 Summary of EWMP Work Plan, CIMP, and EMWP Deliverables and Schedule
Table I presents a summary of the deliverables and schedule for completing the memoranda
draft reports associated with the EWMP Work Plan, CIMP, and EWMP.
Table 1. EWMP Work Plan, CIMP, and EMWP Deliverables and Schedule
Task
Deliverable
Schedule
2.1
Draft Tech Memo: Identification of Water Quality Priorities
October 2013
2.2
Draft Tech Memo : Summary of Existing and Potential Control Measures
December 2013
Draft Tech Memo : Description of RAA Approach
December 2013
2.3
Draft EWMP Work Plan
February 2014
Final EWMP Work Plan based on City and County comments
June 2014
3.1
Draft Tech Memo: Outfall and Receiving Water Monitoring Approach
November 2013
3.2
Draft Tech Memo: Site Selection
January 2014
3.3
Draft Tech Memo: New Development and Re -development Effectiveness
Tracking Approach
January 2014
Draft CIMP
February 2014
3.4
Final CIMP based on City and County comments
June 2014
Revised Final CIMP based on RWQCB comments
2 months after
receipt of comments
4.1
Draft Tech Memo: Approach to Addressing 303(d) Listings, and Other
Exceedances of Receiving Water Limitations
August 2014
4.2
Draft Tech Memo: List of Regional Projects and Initial Screening
October 2014
4.3
Draft Tech Memo: Selected Watershed Control Measures and
Reasonable Assurance Analysis
December 2014
4.4
Draft Tech Memo: Project Schedules and Cost Estimates
January 2015
Draft EWMP
February 2015
4.5
Final EWMP based on City and County comments
June 2015
Revised Final EWMP based on RWQCB comments
2 months after
receipt of comments
Oliver Cramer
June 19, 2013
Pa_e 10 of 10
COST ESTIMATE
The LWA Team proposes to complete the tasks listed above for a not -to -exceed cost of
$700,000. Details of the cost estimate are presented in Table 2.
Table 2. Proposed Cost Estimate
EWMP
Scope
Task No.'
Task Description
-
Labor
Hours
Labor
Costs
Direct
Costs
Total
1.0
Meetings and Project Management
478
$90,880
$528
$91,408
2.0
Develop EWMP Work Plan
878
$141,030
$0
$141,030
3.0
Develop CIMP
590
$99,490
$440
$99,930
4.0
Develop EWMP Plan
2,338
$352,410
$15,000
$367,410
Total »»
4,284
$683,810
$15,968
1 $699,778
I look forward to discussing the scope and proposed cost estimate at your convenience. You can reach
me at 310-394-1036 or Ashlid@lwa.com.
Respectively submitted,
Ashli C Desai
Vice President
Larry Walker Associates
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
LARRY WALKER ASSOCIATES
Contract No. 13-00237
This AGREEMENT is entered into this day of 20, by and
between the CITY OF SANTA CLARITA, a municipal corporation and general law city
('CITY") and Larry Walker Associates, a California corporation ("CONSULTANT").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below; and
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement: and
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed Seven Hundred Sixty Nine Thousand Seven Hundred Fifty Six dollars
($769.756) 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 "A,"
which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A," which is
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 work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement. CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
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4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
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 "A") 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 work during the
preceding billing month and a cumulative cash flow curve showing projected and actual
expenditures versus time to date.
5. 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.
6. ADDITIONAL WORK.
A. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the CITY with written notification that
contains a.specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be
performed; and
ii. Carefully considered how the services should be performed: and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance 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..
8. TERM. The term of this Agreement will be from 8/1/2013 to6/30/2016. Unless otherwise
determined by written amendment between the parties, this Agreement will terminate in the
following instances:
A. Completion of the work specified in Exhibit "A."
B. Termination as stated in Section 15.
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9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 22
of this Agreement: and
it. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control. CITY may grant a time extension for the completion of the contracted
services. If delay occurs. CONSULTANT must notify the CITY 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.
11. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
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. WAIVER. CITY's review or acceptance of, or payment for, work 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 tetra, covenant, or condition contained in this Agreement, whether of the same or different
character.
15. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
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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 additional
work 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 work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
16. 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 completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY 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.
18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of the performance of this agreement by CONSULTANT.
Should CITY be named in any suit, or should any claim be brought against it by suit or
otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this
Agreement, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory
to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in
settlement or costs incurred in defense otherwise.
19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
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20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
22. INSURANCE.
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, I with the limits
set forth below:
Type of Insurance
Commercial general liability:
Professional Liability
Business automobile liability
Workers compensation
Limits
$1,000,000
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Fonm 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. 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
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insurance for a period of 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 officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement 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 insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A: VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain coverage at CONSULTANT'S
expense and deduct the cost of such insurance from payments due to
CONSULTANT under this Agreement or terminate. In the alternative, should
CONSULTANT fail to meet any of the insurance requirements under this
agreement City may cancel the Agreement immediately with no penalty.
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.
23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, 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 work remaining and a
description of the work to be done before the next schedule update.
25. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT:
Larry Walker and Associates
720 Wilshire Blvd, Ste. 204
Santa Monica, CA 90401
Attention: Ashli Desai
If to CITY:
City of Santa Clarita
23920 Valencia Boulevard., Suite 300
Santa Clarita, CA 91355
Attention: Oliver Cramer
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Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed liven 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 paragraph.
26. 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 25. 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(S) will be
performing a specialized or general service for the CITY, and there is substantial
likelihood that the CONSULTANT'S work product will be presented, either written
or orally, for the purpose of influencing a governmental decision. As a result, the
following CONSULTANT(S) shall be subject to the Disclosure Category "1" of the
CITY's Conflict of Interest Code:
27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
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30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There islare Attachment(s) to this
Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement
and any subsequent successors and assigns.
32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this
Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole,
and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
33. 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.
34. 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. This Agreement may be modified by written amendment.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
35. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
36. CAPTIONS. The captions of the 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. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it 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.
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40. PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively 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 (I-9). The CONSULTANT shall establish appropriate procedures and
controls so no services or products under the Contract Documents will be performed or
manufactured by any worker who is not legally eligible to perform such services or employment.
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IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first hereinabove written.
FOR CONSULTANT:
M
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN. CITY MANAGER
By:
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
In
City Attorney
Date:
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