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HomeMy WebLinkAboutItem 13 - Agreement for Industrial/Commercial Inspections and NPDES Program Support ServicesPublic Works Agency www.santa-ana.org/public-works Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 1, 2023 TOPIC: Agreement for Industrial/Commercial Inspection and NPDES Program Support Services. AGENDA TITLE Approve Agreement with WSP USA Environment & Infrastructure Inc. for Industrial/Commercial Inspection and National Pollutant Discharge Elimination System (NPDES) Program Support Services (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with WSP USA Environment & Infrastructure Inc. to provide stormwater related inspections of industrial/commercial establishments and National Pollutant Discharge Elimination System Program Support Services for a three-year term beginning August 1, 2023 and expiring on July 31, 2026, with provisions for one two-year extension exercisable by the City Manager and City Attorney, for a total amount not to exceed $1,750,000 over the lifetime of the agreement, including the optional two-year extension period, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana is a co-permittee under the North Orange County Municipal Separate Storm Sewer System (MS4) Permit (Order No. R8-2009-0030, as amended by Order No. R8-2010-0062). The Permit requires the City to reduce pollutants discharged in urban runoff to the "maximum extent practicable." In order to comply with the Permit, the City is required to inspect industrial and commercial facilities for potential discharges of pollutants into the stormdrain system. On March 16, 2023, the Public Works Agency released Request for Proposal (RFP) No. 23-028 to seek the services of professional consultants to provide stormwater related inspections of industrial and commercial establishments and National Pollutant Discharge Elimination System (NPDES) Program Support Services (Exhibit 1). The RFP was advertised on the City's online procurement management and publication system (PlanetBids) with proposals due on April 6, 2023. Three proposals were received and evaluated by a selection committee. The proposal rankings were based on a combination of qualifications, relevant project experience, understanding of need, and references. The table below summarizes the rank and score for each contractor that submitted a proposal. Agreement for Industrial/Commercial Inspections and NPDES Program Support Services August 1, 2023 Page 2 Consultant Rank WSP USA Environment & Infrastructure Inc. 1 Michael Baker International 2 Willdan 3 In accordance with the qualifications based selection process, the fee schedules were opened after proposal evaluations were completed. Staff recommends WSP USA Environment & Infrastructure Solutions Inc. be retained to provide these services (Exhibit 2) based upon the scope of work and selection criteria outlined in RFP No. 23- 028. The primary services provided under this Agreement will be Industrial/Commercial Inspection and NPDES Program Support Services. Additional services will also be provided for Database Management and various NPDES Program support tasks. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The current fiscal year funding is available in the FY 2023-24 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration. Fiscal Year Accounting Fund Accounting Unit, Amount Unit — Description Account Description Account No. Agreement Term (August 1, 2023 through July 31, 2026 2023-24 05717640- Federal Clean Federal Clean Water $350,000 (August -June) 62300 Water Protection Protection Enterprise, Enterprise Contract Services - Professional 2024-25 05717640- Federal Clean Federal Clean Water $350,000 (July -June) 62300 Water Protection Protection Enterprise, Enterprise Contract Services - Professional 2025-26 05717640- Federal Clean Federal Clean Water $325,000 (July -June) 62300 Water Protection Protection Enterprise, Enterprise Contract Services - Professional 2026-27 05717640- Federal Clean Federal Clean Water $25,000 (July 1-31) 62300 Water Protection Protection Enterprise, Enterprise Contract Services - Professional SUBTOTAL: $1,050,000 Agreement for Industrial/Commercial Inspections and NPDES Program Support Services August 1, 2023 Page 3 Fiscal Year Accounting Fund Accounting Unit, Amount Unit — Description Account Description Account No. Optional Extension Period (August 1, 2026, through July 31, 2028) 2026-27 05717640- Federal Clean Federal Clean Water $350,000 (August -June) 62300 Water Protection Protection Enterprise, Enterprise Contract Services - Professional 2027-28 05717640- Federal Clean Federal Clean Water $325,000 (July -June) 62300 Water Protection Protection Enterprise, Enterprise Contract Services - Professional 2028-29 05717640- Federal Clean Federal Clean Water $25,000 (July 1-31) 62300 Water Protection Protection Enterprise, Enterprise Contract Services - Professional SUBTOTAL: $700,000 TOTAL: $1,750,000 EXHIBIT(S) 1. RFP No. 23-028 2. Agreement with WSP USA Environment & Infrastructure Inc. Submitted By: Nabil Saba, Executive Director - Public Works Agency Approved By: Kristine Ridge, City Manager REQUEST FOR PROPOSALS (RFP) FOR INDUSTRIALICOMMERCIAL INSPECTION AND NPDES PROGRAM SUPPORT SERVICES CITY OF SANTA ANA Public Works Agency 20 Civic Center Plz (M-22) Santa Ana, CA 92701 Proiect Manager Craig Foster, EIT, CPSWQ, QSD/P NPDES Manager (714) 647-5659 cfoster a,santa-ana.or� for Release: KEY RFP DATES (Subject to chanIZe at discretion of City): Issue Date: Letter of Intent: Deadline for Requests for Information Proposal Due Date: .Anticipated Council Award Date: kA J G C Nabil Saba, PE Executive Director Public Works Agency Thursday March 16, 2023 Thursday March 23, 2023 Thursday March 30, 2023 Thursday April 6, 2023 at 5:00 p.m. Tuesday June 20, 2023 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified Consultants for Industrial/Commercial Inspection and NPDES Program Support Services. Responses to this Request for Proposals (RFP) will be accepted until 5:00pm on Thursday, April 6, 2023. Proposals must be submitted electronically through the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time stated on the cover page of this RFP. All notifications, requests for information, updates and addenda will be posted on the PlanetBids page at hgps://www.planetbids.coM 2ortal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. In addition to the electronic submittal through the PlanetBids system, all proposers must deliver five (5) hardcopies of their proposals to the Public Works bid drop-off box at Santa Ana City Hall by 5 00pm on Friday, April 7, 2023. The proposal fee schedule does not need to be included in the hardcopy submittal. The bid drop-off box is located at: Santa Ana City Hall - First Floor (next to Public Works permit counter) 20 Civic Center Plaza Santa Ana, CA 92701 City of Santa Ana RFP 23-028 Page 2 LETTER OF INTENT: As a courtesy to the City, all interested Consultants must submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date, as shown on the cover page of this RFP. Letters of Intent shall be sent via email and shall include the information below: 1. Use formal company letterhead. 2. Indication of company interest in the RFP. 3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP. 4. Provision of correct, complete contact information. Failure to submit a Letter of Intent will lead to disqualification of the firm. City of Santa Ana RFP 23-028 Page 3 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS 8 A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS 1I/ I I Imo\ > > 01011►:/ ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: SAMPLE AGREEMENT ATTACHMENT 3: CERTIFICATIONS ATTACHMENT 4: FEE SCHEDULE 10 11 11 City of Santa Ana RFP 23-028 Page 4 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking a qualified Consultant to perform Industrial/Commercial Inspection and NPDES Program Support Services. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Proposals must be submitted electronically through the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time stated on the cover page of this RFP. Proposals shall be signed by a company official with the power to bind the company. Please be explicit in identifying the he appropriate person with legal authority to bind the company. The proposal fee schedule must be submitted as a separate attachment in the PlanetBids system, and not be included as part of the proposal. Consultants are required to complete ATTACHMENT 4 — FEE SCHEDULE and include it with their submittal. Five (5) hardcopies of the proposals must also be dropped -off to Santa Ana City Hall in accordance with page 2 of this RFP. The proposal fee schedule does not need to be included in the hardcopy submittal. The Statement of Qualifications shall be limited to a maximum of twenty (20) double - sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum I I" x 17". Proposal Evaluation and Rating_ The criteria for evaluating the proposals submitted is shown below: Relevant Project Experience 35% Staff and Subconsultant Qualifications 30% Understanding of Need 25% References 10% The City has established a proposal review committee to evaluate proposals based on the response to this RFP, which includes adherence to outlined directions and format, and the City of Santa Ana RFP 23-028 Page 5 City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. After proposal ranking, cost negotiations may begin with the most qualified consultant(s) and only their cost proposals will be opened. Should negotiations fail or result in a price that the City does not consider fair and reasonable, negotiations will be formally terminated and the City will then undertake negotiations with the next most qualified consultant(s). Project Funding: The primary funding source for these services is the City's NPDES Program budget. Special project funding sources may vary and shall comply with the funding agency's requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. Prevailing Wages: In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request. Contractors shall submit certified payroll to the City for work performed in a timely manner. The City may withhold invoice payment until certified payroll is received. Term of Contract Agreement: The City desires to enter into an Agreement with the highest ranking Consultant for an initial three (3) year term with a City option to exercise one (1), two (2) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2. II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposers will assume responsibilities for all services in its proposal. The selected proposers shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. City of Santa Ana RFP 23-028 Page 6 Evidence of Financial Capacity: Proposers may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing in the Q&A section located in PlanetBids prior to the deadline for Requests for Information outlined on the cover page of this RFP. No verbal requests will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any significant changes in the RFP from the date of release to the date of submittal will result in an addendum or amendment. As set forth in the Notice Inviting Proposals, notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanylD=20137. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposers shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposers will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The Selected Proposers shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposers with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposers shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING There is no pre -proposal meeting scheduled for this RFP. City of Santa Ana RFP 23-028 Page 7 I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractors shall be identified in response to this RFP. Subcontractors shall be the responsibility of the selected proposer and the City shall assume no liability of such subcontractors. III. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana via PlanetBids at the date and time specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF QUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposals shall include a statement outlining concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. Staff and Subconsultant Qualifications: Proposals shall include a profile of the firm's experience and resumes which outline the City of Santa Ana RFP 23-028 Page 8 experience of the firm's Staff and Subconsultants that will be providing services. At a minimum, this should include the project manager or principal agent, associates in charge when the project manager or principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager or principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. Staff or Subconsultants who are not anticipated to provide any services should not be included in the proposal. d. Understanding of Need: Proposals shall include an outline which demonstrates contractor's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. e. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information. f. References: Proposal shall include a list of relevant projects with references from three public entities for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposals shall include a Scope of Services and Schedule that detail the work phases to be completed, deliverables to be provided, and the schedule to complete the work, based upon the Scope of Work detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted concurrently with the technical proposal, but as a separate attachment, clearly labeled as "Fee Proposal." The fee proposal shall include a list of all positions, hourly rates, equipment and material costs, and any other costs required to perform the services described in the Scope of Work detailed in Attachment 1 of this RFP. City of Santa Ana RFP 23-028 Page 9 The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. Should negotiations fail or result in a price that the City does not consider fair and reasonable, negotiations will be formally terminated and the City will then undertake negotiations with the next most qualified consultant(s). Subconsultant markup shall not exceed 10% for any services performed. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: Attachment 3-1: Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of a minimum of three (3) City staff. The selection committee may interview the top ranking proposers. Staff will recommend award of the contract to the proposer who will provide the best value and expertise to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the selection committee, the Project Manager will recommend awarding contracts to the top-ranking proposer that will provide the best value and expertise to the City. The anticipated Council award date is June 20, 2023. B. EXECUTION OF AGREEMENT The Scope of Services and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. City of Santa Ana RFP 23-028 Page 10 VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of the contract. The selected Consultant and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. VII. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 23-028 Page 11 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS INDUSTRIAL/COMMERCIAL INSPECTION AND NPDES PROGRAM SUPPORT SERVICES RFP NO.23-028 INTRODUCTION/BACKGROUND The City of Santa Ana is 27.2 square miles and is located in central Orange County, California. Santa Ana is the most densely populated city in the county, with a total population of 338,247 and approximately 12,435 people per square mile. Santa Ana sits within three major watersheds: the Newport Bay watershed, the Santa Ana River watershed, and the Anaheim Bay/Huntington Harbour watershed. The City is a co-permittee under the North Orange County Municipal Separate Storm Sewer System (MS4) NPDES Permit (Order No. R8-2009-0030, as amended by Order No. R8-2010- 0062). The Permit presents a series of technical, legal, and regulatory challenges to the City and as a result, the City has developed a rigorous National Pollutant Discharge Elimination System (NPDES) Program. The Permit requires the City to reduce pollutants discharged in urban runoff to the "Maximum Extent Practicable". In order to comply with the Permit, the City is required to conduct inspections at Industrial and Commercial facilities within its jurisdiction to verify BMP implementation, prohibit the discharge of pollutants to the City's MS4, and issue enforcement as - needed. The City is soliciting proposals from qualified consulting firms to conduct inspections at all Industrial and Commercial facilities within the City, as required by the North Orange County Municipal NPDES permit. Additionally, the selected Consultant shall manage the Industrial and Commercial Facility Inspection Database to track facility inspections and provide additional NPDES Program support on an as -needed basis. The selected Consultant must have the experience, technical expertise, and demonstrated resources available to perform the work described in the Scope of Services below. The City desires to enter into an Agreement with the top-ranking Consultant for an initial three (3)-year term, with a City option to exercise one (1), two (2)-year extension period. City of Santa Ana RFP 23-028 Page Al-1 SCOPE OF SERVICES 1) Industrial and Commercial Facility Inspections Consultant shall perform the following tasks: i) Deploy all necessary personnel, equipment, and materials to conduct Industrial and Commercial Facility Inspections to verify Best Management Practice (BMP) implementation and prohibit discharges of pollutants to the City's MS4 (a) Inspections shall comply with the requirements of the City's Municipal NPDES Permit (b) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct Industrial and Commercial Facility inspections (c) Consultant shall send out courtesy notifications to Facility operators of upcoming inspections (d) Consultant shall send out copies of completed inspection reports to Facility operators outlining any deficiencies or required corrections and include applicable BMP fact sheets with recommendations (e) Consultant shall provide educational materials to Facility operators regarding the Statewide Industrial General Permit or other applicable NPDES regulations and City requirements (f) Consultant shall issue enforcement actions for violations of Santa Ana Municipal Code. Enforcement actions may include, but are not limited to: verbal warnings and Administrative Citations with monetary fines (g) Consultant shall be solely responsible for tracking and completing all required Industrial and Commercial Facility Inspections each fiscal year per the requirements of the City's Municipal NPDES Permit ii) Any other work required to safely and effectively conduct Industrial and Commercial Facility inspections Based upon the City's Prioritized Industrial and Commercial Facility Inventory, the following facilities will need to be inspected during the next three fiscal years. These numbers are approximate and are subject to change. City of Santa Ana RFP 23-028 Page A1-2 City of Santa Ana Industrial and Commercial Facility Inspection Schedule FY 2023-2026' High Medium Low High Medium Low Fiscal Priority Priority Priority Priority Priority Priority Re - Year Industrial Industrial Industrial Commercial Commercial Commercial Ins ections2 Total 2023-24 125 110 165 130 155 165 170 1,020 2024-25 125 110 165 130 155 165 170 1,020 2025-26 125 110 165 130 155 165 170 1,020 Total 375 330 495 390 465 495 510 3,060 Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial and Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2Assumes 20% of inspections require follow-up for BMP deficiencies or non-compliance. 2) Database Management Consultant shall perform the following tasks: i) Manage the City's Industrial and Commercial Facility Inspection Program database (a) The database shall comply with the requirements of the City's Municipal NPDES Permit (b) The database shall be routinely updated as -needed (i) The City will provide business license data (c) The Consultant shall be responsible for prioritizing Industrial and Commercial Facilities as high, medium, or low priority based on the requirements of the City's Municipal NPDES Permit (d) Consultant shall be solely responsible for managing the Industrial and Commercial Facility Inspection Program Database ii) Prepare and submit Quarterly Reports to the City summarizing inspection results and enforcement actions issued to Industrial Facilities per the requirements of the City's Municipal NPDES Permit iii) Prepare and submit the Existing Development section of the NPDES Annual Program Effectiveness Assessment (PEA) to the City iv) Any other work required to effectively conduct Database Management 3) As -Needed NPDES Program Support Consultant shall be capable of and may be requested to perform the following tasks: i) Additional NPDES Program Inspections (a) Construction site inspections City of Santa Ana RFP 23-028 Page A1-3 (b) Municipal Facility inspections (c) Food Facility inspections (d) Illegal Discharge/Illicit Connection inspections and spill response (e) Source investigations (f) Water Quality Management Plan (WQMP) inspections (g) Inspections shall comply with the requirements of the City's Municipal NPDES Permit or Statewide Construction General Permit (if applicable) (h) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct inspections (i) Consultant shall issue enforcement actions for violations of Santa Ana Municipal Code. Enforcement actions may include, but are not limited to: verbal warnings and Administrative Citations with monetary fines ii) Statewide Trash Provisions Support (a) Consultant shall have technical knowledge of the Statewide Trash Provisions and advise the City how to comply with the Statewide Trash Provisions (b) Analyze the City's MS4, delineate drainage areas, and identify potential "Direct Connections" (c) Conduct On -Land Visual Trash Assessments (OVTA) to quantify trash loads from various land uses throughout the City (d) Calculate the trash load captured by existing Best Management Practices (BMPs) and the total trash load required to be captured by the City (e) Identify opportunities for full trash capture device installation throughout the City (f) Prepare and submit maps, memorandums, or reports detailing the City's trash capture efforts and status of compliance with the Statewide Trash Provisions iii) Water Quality Management Plans (WQMPs) Support (a) Prepare and review WQMPs for priority and non -priority development projects (b) Hydraulic calculations, mapping, and hydraulic modeling (c) Design Best Management Practices (BMPs) for stormwater capture, treatment, or reuse (d) WQMPs and associated BMPs shall comply with the requirements of the City's Municipal NPDES Permit and applicable design guidance documents (e) WQMPs and BMP designs shall be prepared and stamped by a licensed Professional Engineer (PE) in the State of California iv) Stormwater Sampling and Analysis (a) Deploy all necessary personnel, equipment, and materials to collect stormwater or urban runoff samples (b) All sampling activities shall be in accordance with industry standards and applicable NPDES Permits City of Santa Ana RFP 23-028 Page Al-4 (c) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct stormwater sampling and analysis (d) Submit samples to a certified laboratory for analysis (e) Conduct pollutant load analysis (f) Prepare and submit data reports to the City analyzing the water quality of the samples v) Future Municipal NPDES Permit(s) Support (a) Analyze future Municipal NPDES Permit(s) and advise the City of pending changes and impacts to its NPDES Program (b) Assist the City in transitioning or modifying the NPDES Program to comply with future Municipal NPDES Permit(s) (c) Update plans associated with NPDES Permits, including but not limited to: Local Implementation Plan (LIP) and Drainage Area Management Plan (DAMP) vi) Total Maximum Daily Loads (TMDL) Support (a) Consultant shall have technical knowledge of TMDL requirements in watersheds the City is located within (b) Advise the City how to comply with TMDL requirements (c) Prepare and review special studies or reports associated with TMDL compliance vii) Watershed Management Plans (WMP) Support (a) Consultant shall have technical knowledge of WMP development and implementation (b) Conduct Reasonable Assurance Analysis (RAA) (c) Advise the City how to comply with WMP requirements viii) Statewide Construction General Permit (CGP) Support (a) Prepare and submit Stormwater Pollution Prevention Plans (SWPPP), Inspection Reports, Rain Event Action Plans (REAP), Annual Reports, Notices of Intent (NOI), Notices of Termination (NOT), Ad -Hoc Reports, Numeric Action Level (NAL) Exceedance Reports, or other related documents to the City for Capital Improvement Projects (b) All documentation shall comply with the requirements of the Statewide Construction General Permit (CGP) and shall be prepared by a licensed Qualified Stormwater Pollution Prevention Plan Developers (QSD) or Qualified Stormwater Pollution Prevention Plan Practitioners (QSP) ix) Any other work related to compliance with NPDES Permits or development of the City's NPDES Program City of Santa Ana RFP 23-028 Page A1-5 B. OTHER REQUIREMENTS Consultant shall adhere to all requirements of applicable NPDES Permits and environmental regulations while performing services under this Agreement. Contractors shall immediately notify the City should they become aware of any activities or events that may be deemed non- compliant. C. CITY RESPONSIBILITIES The City will provide information in its possession relevant to the completion of the tasks outlined in this RFP. In general, this includes, but is not limited to: • Furnish scope of work and provide general direction as -needed to complete tasks • Furnish documents, business license data, storm drain maps, land use data, or other information relevant to the Scope of Services • Provide access to stormdrain facilities • Facilitate meeting space and coordination at City facilities OTHER TERMS AND CONDITIONS: 1. All work shall be implemented in compliance with City of Santa Ana policies, as well as Prevailing Wage law and applicable State and Federal Requirements. 2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting Contractors must have established affirmative action programs approvable by the City. During the RFP stage, all Contractors will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-028 Page A1-6 Appendix ATTACHMENT 2 SAMPLE AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 2023 by and between ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 16, 2023, the City issued Request for Proposal No. 23-028, by which it sought a consultant to provide Industrial/Commercial Inspection and NPDES Program Support Services. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-028 and addendum thereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No. 23-028, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services provided under RFP No. 23-028, the rates and charges identified in Exhibit C. The total annual amount to be expended under this Agreement shall not exceed $ during the term of this Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City of Santa Ana RFP 23-028 Page A2-1 3. TERM This Agreement shall commence on the date first written above and terminate on , unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. City of Santa Ana RFP 23-028 Page A2-2 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. City of Santa Ana RFP 23-028 Page A2-3 f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular City of Santa Ana RFP 23-028 Page A2-4 business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 City of Santa Ana RFP 23-028 Page A2-5 To Consultant: Consultant Name Consultant Address Consultant Contact A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. City of Santa Ana RFP 23-028 Page A2-6 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is City of Santa Ana RFP 23-028 Page A2-7 not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER HALL Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney LO-A CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT John M. Funk Name: Sr. Assistant City Attorney Title: RECOMMENDED FOR APPROVAL NABIL SABA, PE Executive Director Public Works Agency City of Santa Ana RFP 23-028 Page A2-8 EXHIBIT A RFP 23-028 SCOPE OF WORK City of Santa Ana RFP 23-028 Page A2-9 EXHIBIT B CONSULTANT PROPOSAL City of Santa Ana RFP 23-028 Page A2-10 EXHIBIT C CONSULTANT FEE SCHEDULE City of Santa Ana RFP 20-102 Page A2-11 ATTACHMENT 3 ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP 23-028 Page A3-1 ATTACHMENT 3 ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City of Santa Ana RFP 23-028 Page A3-2 ATTACHMENT 3 ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 23-028 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP 21-004 Page A24 Appendix ATTACHMENT 4 FEE SCHEDULE CITY OF SANTA ANA REQUEST FOR PROPOSALS INDUSTRIAL/COMMERCIAL INSPECTION AND NPDES PROGRAM SUPPORT SERVICES RFP NO.23-028 The Consultant shall furnish a fee schedule for the proposed services. The Consultant shall include a total cost broken down by Task as shown in Table 1 through Table 3 below, and complete Tables 4 through 7. The annual budget for Task 3 (As -Needed NPDES Program Support) will be determined by the City and will be considered a contingency to the Agreement. The City will utilize this task as -needed pending available budget. Attachment 4 — Fee Schedule must be submitted as a separate attachment in the PlanetBids system, and not be included as part of the proposal. Attachment 4 — Fee Schedule does not need to be included in the hardcopy submittal. Consultant may submit a revised Fee Schedule at the beginning of the fiscal year (July 1) for any adjustments to the hourly rates. The Consultant may be required to submit supporting back-up documentation for the revised fee schedule changes. The City shall review and determine if the rate increases are warranted. The City's determination is final. City of Santa Ana RFP 23-028 Page A4-1 TABLE 1 Year' High Priority Industrial Medium Priority Industrial Low Priority Industrial High Priority Commercial Medium Priority Commercial Low Priority Commercial Re - Ins ections2 Total 2023-24 125 110 165 1 130 1 155 165 170 1,020 Fiscal Year 2023-24 Task No. 1— Industrial and Commercial Facility Inspections $ Personnel/Labor Classification required for this Task (including hourly rates and hours): Task No. 2 — Database Management $ Personnel/Labor Classification required for this Task (including hourly rates and hours): Task No. 3 — As -Needed NPDES Program Support $TBD3 Personnel/Labor Classification required for this Task (including hourly rates and hours): Total Cost for Fiscal Year 2023-24 $ 'Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial and Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2Assumes 20% of inspections require follow-up for BMP deficiencies or non-compliance. 'Budget for this Task to be determined by the City and will be considered a contingency to the Agreement City of Santa Ana RFP 23-028 Page A4-2 TABLE 2 Year' High Priority Industrial Medium Priority Industrial Low Priority Industrial High Priority Commercial Medium Priority Commercial Low Priority Commercial Re - Inspections2 Total 2024-25 125 110 165 1 130 1 155 165 170 1,020 Fiscal Year 2024-25 Task No. 1— Industrial and Commercial Facility Inspections $ Personnel/Labor Classification required for this Task (including hourly rates and hours): Task No. 2 — Database Management $ Personnel/Labor Classification required for this Task (including hourly rates and hours): Task No. 3 — As -Needed NPDES Program Support $TBD3 Personnel/Labor Classification required for this Task (including hourly rates and hours): Total Cost for Fiscal Year 2024-25 $ 'Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial and Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2Assumes 20% of inspections require follow-up for BMP deficiencies or non-compliance. 3Budget for this Task to be determined by the City and will be considered a contingency to the Agreement City of Santa Ana RFP 23-028 Page A4-3 TABLE 3 Year' High Priority Industrial Medium Priority Industrial Low Priority Industrial High Priority Commercial Medium Priority Commercial Low Priority Commercial Re - Inspections2 Total 2025-26 125 110 165 1 130 1 155 165 170 1,020 Fiscal Year 2025-26 Task No. 1— Industrial and Commercial Facility Inspections $ Personnel/Labor Classification required for this Task (including hourly rates and hours): Task No. 2 — Database Management $ Personnel/Labor Classification required for this Task (including hourly rates and hours): Task No. 3 — As -Needed NPDES Program Support $TBD3 Personnel/Labor Classification required for this Task (including hourly rates and hours): Total Cost for Fiscal Year 2025-26 $ 'Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial and Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2Assumes 20% of inspections require follow-up for BMP deficiencies or non-compliance. 3Budget for this Task to be determined by the City and will be considered a contingency to the Agreement City of Santa Ana RFP 23-028 Page A44 TABLE 4 LIST OF KEY PERSONNEL' Name & Job Title Function TABLE 5 LIST OF SUBCONSULTANTSZ Sub -Consultant Name / Address I Function 'Resumes of Key Personnel must be included in Consultant proposals 2Subconsultant resumes and qualifications must be included in Consultant Proposals City of Santa Ana RFP 23-028 Page A4-5 TABLE 6 PRICE SUMMARY SHEET HOURLY RATES Name Job Title/ Classification Job Function Fully Burdened Hourly Rate' 'Fully Burdened rate includes all overhead, general costs, administration costs, and profit City of Santa Ana RFP 23-028 Page A4-6 TABLE 7 PRICE SUMMARY SHEET DIRECT EXPENSES' Direct Expense Cost Related Task/Job Function 'Direct expenses are expenses necessary to complete the Tasks outlined in the Scope of Work, such as vehicle mileage, subconsultant markup, equipment rental, etc. Subconsultant markup shall not exceed 10%. City of Santa Ana RFP 23-028 Page A4-7 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND WSP USA ENVIRONMENT & INFRASTRUCTURE INC TO PROVIDE INDUSTRIAL/COMMERCIAL INSPECTION AND NPDES PROGRAM SUPPORT SERVICES THIS AGREEMENT is made and entered into this 1 st day of August, 2023 by and between WSP USA Environment & Infrastructure Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RFC1TAT,C A. On March 16, 2023, the City issued Request for Proposal No. 23-028, by which it sought qualified consultants to provide Industrial/Commercial Inspection and NPDES Program Support services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-028. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 23-028, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services provided under RFP No. 23-028, the rates and charges identified in Exhibit C. The total annual amount to be expended under this Agreement shall not exceed $350,000 during the term of this Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 1 3. TERM This Agreement shall commence on the date first written above and terminate on July 31, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 2 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claimsfor injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury andpersonal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separatelyto this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall betwice the required occurrence limit. • Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Vendor has no owned autos, Code 8 (hired) and 9 (non- owned), with limits no less than $1,000,000 per accident for bodily injury and propertydamage. (Not required if vendor provides written verification it has no vehicles). • Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability (Errors and Omissions): Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (S) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. El Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Special or Low Risk Activities City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. The City reserves the right to modify or waive insurance requirements for certain low risk recreational activities. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the k, costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 AM Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: WSP USA Environment & Infrastructure Inc. Attn: Nathan Schaedler 3560 Hyland Ave Costa Mesa, CA 92626 (949) 642-0245 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 7 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of N. Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney 51 Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT Nathan Schaedler Principal -In -Charge 6 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS INDUSTRIAL/COMMERCIAL INSPECTION AND NPDES PROGRAM SUPPORT SERVICES RFP NO.23-028 INTRODUCTION/BACKGROUND The City of Santa Ana is 27.2 square miles and is located in central Orange County, California. Santa Ana is the most densely populated city in the county, with a total population of 338,247 and approximately 12,435 people per square mile. Santa Ana sits within three major watersheds: the Newport Bay watershed, the Santa Ana River watershed, and the Anaheim Bay/Huntington Harbour watershed. The City is a co-permittee under the North Orange County Municipal Separate Storm Sewer System (MS4) NPDES Permit (Order No. R8-2009-0030, as amended by Order No. R8-2010- 0062). The Permit presents a series of technical, legal, and regulatory challenges to the City and as a result, the City has developed a rigorous National Pollutant Discharge Elimination System (NPDES) Program. The Permit requires the City to reduce pollutants discharged in urban runoff to the "Maximum Extent Practicable". In order to comply with the Permit, the City is required to conduct inspections at Industrial and Commercial facilities within its jurisdiction to verify BMP implementation, prohibit the discharge of pollutants to the City's MS4, and issue enforcement as - needed. The City is soliciting proposals from qualified consulting firms to conduct inspections at all Industrial and Commercial facilities within the City, as required by the North Orange County Municipal NPDES permit. Additionally, the selected Consultant shall manage the Industrial and Commercial Facility Inspection Database to track facility inspections and provide additional NPDES Program support on an as -needed basis. The selected Consultant must have the experience, technical expertise, and demonstrated resources available to perform the work described in the Scope of Services below. The City desires to enter into an Agreement with the top-ranking Consultant for an initial three (3)-year term, with a City option to exercise one (1), two (2)-year extension period. City of Santa Ana RFP 23-028 Page Al-1 SCOPE OF SERVICES 1) Industrial and Commercial Facility Inspections Consultant shall perform the following tasks: i) Deploy all necessary personnel, equipment, and materials to conduct Industrial and Commercial Facility Inspections to verify Best Management Practice (BMP) implementation and prohibit discharges of pollutants to the City's MS4 (a) Inspections shall comply with the requirements of the City's Municipal NPDES Permit (b) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct Industrial and Commercial Facility inspections (c) Consultant shall send out courtesy notifications to Facility operators of upcoming inspections (d) Consultant shall send out copies of completed inspection reports to Facility operators outlining any deficiencies or required corrections and include applicable BMP fact sheets with recommendations (e) Consultant shall provide educational materials to Facility operators regarding the Statewide Industrial General Permit or other applicable NPDES regulations and City requirements (f) Consultant shall issue enforcement actions for violations of Santa Ana Municipal Code. Enforcement actions may include, but are not limited to: verbal warnings and Administrative Citations with monetary fines (g) Consultant shall be solely responsible for tracking and completing all required Industrial and Commercial Facility Inspections each fiscal year per the requirements of the City's Municipal NPDES Permit ii) Any other work required to safely and effectively conduct Industrial and Commercial Facility inspections Based upon the City's Prioritized Industrial and Commercial Facility Inventory, the following facilities will need to be inspected during the next three fiscal years. These numbers are approximate and are subject to change. City of Santa Ana RFP 23-028 Page A1-2 City of Santa Ana Industrial and Commercial Facility Inspection Schedule FY 2023-2026' High Medium Low High Medium Low Fiscal Priority Priority Priority Priority Priority Priority Re - Year Industrial Industrial Industrial Commercial Commercial Commercial Ins ections2 Total 2023-24 125 110 165 130 155 165 170 1,020 2024-25 125 110 165 130 155 165 170 1,020 2025-26 125 110 165 130 155 165 170 1,020 Total 375 330 495 390 465 495 510 3,060 Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial and Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2Assumes 20% of inspections require follow-up for BMP deficiencies or non-compliance. 2) Database Management Consultant shall perform the following tasks: i) Manage the City's Industrial and Commercial Facility Inspection Program database (a) The database shall comply with the requirements of the City's Municipal NPDES Permit (b) The database shall be routinely updated as -needed (i) The City will provide business license data (c) The Consultant shall be responsible for prioritizing Industrial and Commercial Facilities as high, medium, or low priority based on the requirements of the City's Municipal NPDES Permit (d) Consultant shall be solely responsible for managing the Industrial and Commercial Facility Inspection Program Database ii) Prepare and submit Quarterly Reports to the City summarizing inspection results and enforcement actions issued to Industrial Facilities per the requirements of the City's Municipal NPDES Permit iii) Prepare and submit the Existing Development section of the NPDES Annual Program Effectiveness Assessment (PEA) to the City iv) Any other work required to effectively conduct Database Management 3) As -Needed NPDES Program Support Consultant shall be capable of and may be requested to perform the following tasks: i) Additional NPDES Program Inspections (a) Construction site inspections City of Santa Ana RFP 23-028 Page A1-3 (b) Municipal Facility inspections (c) Food Facility inspections (d) Illegal Discharge/Illicit Connection inspections and spill response (e) Source investigations (f) Water Quality Management Plan (WQMP) inspections (g) Inspections shall comply with the requirements of the City's Municipal NPDES Permit or Statewide Construction General Permit (if applicable) (h) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct inspections (i) Consultant shall issue enforcement actions for violations of Santa Ana Municipal Code. Enforcement actions may include, but are not limited to: verbal warnings and Administrative Citations with monetary fines ii) Statewide Trash Provisions Support (a) Consultant shall have technical knowledge of the Statewide Trash Provisions and advise the City how to comply with the Statewide Trash Provisions (b) Analyze the City's MS4, delineate drainage areas, and identify potential "Direct Connections" (c) Conduct On -Land Visual Trash Assessments (OVTA) to quantify trash loads from various land uses throughout the City (d) Calculate the trash load captured by existing Best Management Practices (BMPs) and the total trash load required to be captured by the City (e) Identify opportunities for full trash capture device installation throughout the City (f) Prepare and submit maps, memorandums, or reports detailing the City's trash capture efforts and status of compliance with the Statewide Trash Provisions iii) Water Quality Management Plans (WQMPs) Support (a) Prepare and review WQMPs for priority and non -priority development projects (b) Hydraulic calculations, mapping, and hydraulic modeling (c) Design Best Management Practices (BMPs) for stormwater capture, treatment, or reuse (d) WQMPs and associated BMPs shall comply with the requirements of the City's Municipal NPDES Permit and applicable design guidance documents (e) WQMPs and BMP designs shall be prepared and stamped by a licensed Professional Engineer (PE) in the State of California iv) Stormwater Sampling and Analysis (a) Deploy all necessary personnel, equipment, and materials to collect stormwater or urban runoff samples (b) All sampling activities shall be in accordance with industry standards and applicable NPDES Permits City of Santa Ana RFP 23-028 Page Al-4 (c) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct stormwater sampling and analysis (d) Submit samples to a certified laboratory for analysis (e) Conduct pollutant load analysis (f) Prepare and submit data reports to the City analyzing the water quality of the samples v) Future Municipal NPDES Permit(s) Support (a) Analyze future Municipal NPDES Permit(s) and advise the City of pending changes and impacts to its NPDES Program (b) Assist the City in transitioning or modifying the NPDES Program to comply with future Municipal NPDES Permit(s) (c) Update plans associated with NPDES Permits, including but not limited to: Local Implementation Plan (LIP) and Drainage Area Management Plan (DAMP) vi) Total Maximum Daily Loads (TMDL) Support (a) Consultant shall have technical knowledge of TMDL requirements in watersheds the City is located within (b) Advise the City how to comply with TMDL requirements (c) Prepare and review special studies or reports associated with TMDL compliance vii) Watershed Management Plans (WMP) Support (a) Consultant shall have technical knowledge of WMP development and implementation (b) Conduct Reasonable Assurance Analysis (RAA) (c) Advise the City how to comply with WMP requirements viii) Statewide Construction General Permit (CGP) Support (a) Prepare and submit Stormwater Pollution Prevention Plans (SWPPP), Inspection Reports, Rain Event Action Plans (REAP), Annual Reports, Notices of Intent (NOI), Notices of Termination (NOT), Ad -Hoc Reports, Numeric Action Level (NAL) Exceedance Reports, or other related documents to the City for Capital Improvement Projects (b) All documentation shall comply with the requirements of the Statewide Construction General Permit (CGP) and shall be prepared by a licensed Qualified Stormwater Pollution Prevention Plan Developers (QSD) or Qualified Stormwater Pollution Prevention Plan Practitioners (QSP) ix) Any other work related to compliance with NPDES Permits or development of the City's NPDES Program City of Santa Ana RFP 23-028 Page A1-5 B. OTHER REQUIREMENTS Consultant shall adhere to all requirements of applicable NPDES Permits and environmental regulations while performing services under this Agreement. Contractors shall immediately notify the City should they become aware of any activities or events that may be deemed non- compliant. C. CITY RESPONSIBILITIES The City will provide information in its possession relevant to the completion of the tasks outlined in this RFP. In general, this includes, but is not limited to: • Furnish scope of work and provide general direction as -needed to complete tasks • Furnish documents, business license data, storm drain maps, land use data, or other information relevant to the Scope of Services • Provide access to stormdrain facilities • Facilitate meeting space and coordination at City facilities OTHER TERMS AND CONDITIONS: 1. All work shall be implemented in compliance with City of Santa Ana policies, as well as Prevailing Wage law and applicable State and Federal Requirements. 2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting Contractors must have established affirmative action programs approvable by the City. During the RFP stage, all Contractors will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-028 Page A1-6 EXHIBIT B City of Santa Ana Industrial/Commercial Inspection and NPDES Program Support Services RFP No. 20-028 gt- U---k Scope of Services and Schedule Scope of Services and Schedule 6.0 Work Approach Our proposed work plan is described in the section below. Our approach is based on years of experience completing this same type of work and developing efficiencies/knowledge needed to meet the MS4 Permit requirement and subsequent deadlines while providing business -friendly support to the City. 6.1 Task No. 1: Industrial and Commercial Facility Inspections Our project team will conduct field inspections of commercial and industrial facilities to assess compliance with local water quality regulations and appropriate BMPs. As identified in the RFP, we have assumed approximately 1,020 inspections per year will be required including follow- up inspections and issuance of enforcement notices. Our staff is thoroughly familiar with the City use of the inspection form as well as the web -based application and database, has gone through our extensive training program before performing solo inspections, and is knowledgeable of the City's procedures for enforcement. Our extensive training program is based on the County's core competencies program for municipal, industrial, and commercial inspectors. Our training program also includes 40-hour HAZWOPER training for safety and 40 hours of field training with a senior NPDES inspector. Every inspector on the project will have documentation that they have met WSP's extensive training program requirements based on these core competencies before billing the project for inspection -based services under this subtask. WSP also has an extensive QA/QC program, which includes having a senior inspector review each inspection record. The review process is documented in the City's web -based application. We understand the reports generated under this program are public documents and are be delivered to the facility or requested through a public records request. The reports generated through the City database will be complete and reflect conditions observed during the inspection. For the inspection program, our project team proposes on following protocols for announcing our inspections to the industrial and commercial facilities. We propose performing walk-in inspections at facilities covered under the IGP since many of these facilities will recognize our inspectors and are knowledgeable of the City inspection program. Our inspection staff will schedule the inspection with the facility representative in the event they are not available during the walk-in inspection and the inspector will move on to the next facility. For other industrial and commercial facilities, our costs include providing bilingual inspection announcement letters (English/Spanish) to notify businesses of the upcoming inspection. Once alerted, we will complete the inspections within a month. This approach is business - friendly, providing the business an opportunity to schedule the inspection. Our inspection team also uses the letter for our introductory discussion to obtain access to the facility. WSP staff will also have business cards available and our inspectors are dressed in business casual attire to serve as representatives of the City. To facilitate efficiency and reduce travel time between inspections, inspectors will group daily inspections by geographic location. Typically, the groupings will be based on zip code. For major streets, we separate our inspections by odd and even street numbers. In addition to travel efficiencies, our inspectors are proficient at explaining the inspection program to obtain access. The initial discussion can result in a good or bad impression with these facilities, sometimes resulting in additional time explaining the program. Our City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 119 RFP No. 23-028 Scope of Services and Schedule training program works with the inspectors on how to make a good impression and to clearly explain the inspection program. This training program reduces the chances a facility denies access or contacts the City to ask questions about the inspector. Our inspectors are also equipped with a field inspector "tool box" that includes appropriate BMP fact sheets to provide to businesses and an iPad to complete the mobile component of data collection. Information includes BMP handouts and pamphlets, BMP guidance materials, and fact sheets such as the IGP coverage and No Exposure Certification Fact Sheet. The iPads are used to record the information during the inspection. Inspectors complete most of the form during or immediately after the site walk. Before going to the next facility, the form is submitted using the web -based application and the record is updated in our database for real-time access by the City. Each inspector has a chance to QA/QC their work prior to submittal and final review by our senior inspector. After the record is reviewed and finalized, the form is printed by our administrative staff and mailed. During the inspection program, there will be cases of unauthorized discharges observed during the inspection and evidence of poor BMP implementation. Our inspectors will act on the City's behalf to help manage the response to these cases. Our inspectors have pH paper and an administrative citation pad to issue enforcement actions. As specified in the RFP, we have assumed there will be approximately 170 cases per year to track and provide follow-up inspections. We have assumed that we will provide a notification via email within 24 hours for discharge cases that do not pose a threat to human health or environment. The City will be immediately notified for cases that may pose a threat. Our project team will track the follow-up status and enforcement on these cases until they are properly documented and the case is closed. WSP will provide the issued administration citations to the City or notification that an administrative citation was issued within 24 hours of issuance. Our project team has successfully worked with the City under the last contract to develop an enforcement process that is effective and streamlined. 6.2 Task No. 2: Database Management Our project team will manage the City's industrial and commercial web -based application and database in accordance with the specific requirements outlined in Orange County's MS4 permit and will meet the additional record protection practices outlined in the 5th term draft permit. Our team provides a seamless transition for this contract, based on our extensive experience. During the last contract period, WSP designed the web -based application and database, migrated the data from the City's Microsoft Access Database into a web -based application, and managed the database. WSP hosted the database and supplied tablets that are used for the mobile component of the data -collection for no additional charge. WSP will continue to supply the tablets for our field inspection staff and host the database for no additional charge during the next contract period. Y CITY OF SANTA ANA NPDES PROGRAMS WEB PORTAL Ina-W/C.-­1-il;N1-x xan �O rmore n rma on on ineaNaxvocs vm¢rams, vkexamxi oais'ax•rn Vs<I w�asss vnm inecMs wburw«ks aeenp. rarassim.rewuneaess gr ecM'swebrone4 gnsew�rettmi4 iumnerar�sav�3ssicas. The City's web -based application and database was designed by WSP and streamlines the inspection process. The application uses drop down menus to minimize writing in the field for efficiency and provides consistency between inspectors. The web -based application also creates photo logs, eliminating effort downloading and managing photos and has automated reports (including courtesy letters and quarterly reports) as required in Permit Section VI - Legal Authority/Enforcement. Simple queries built into the application are also used to obtain the numbers for the PEA. The web -application is available to the City at any time using a desktop computer or laptop using the City's username and password. City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 120 RFP No. 23-028 Scope of Services and Schedule WSP will perform the annual updates to the inventory and reprioritize the industrial and commercial businesses annually. New industrial businesses will be added when they are discovered and commercial businesses will be added at least quarterly in accordance with the MS4 permit. Through our prior work with the City's business license department and other City business license departments, our project team has developed efficient procedures to complete the City's inventory updates as specified in the County's MS4 Permit Sections IX and X. WSP is familiar with the City's Business Classification Code (BCC) and has processes developed to select which businesses should be included in the inventory. In the event the City switches from the City's BCC, our project team can quickly adapt our procedures to reprioritize the inventory based on Standard Industrial Classification or North American Industrial Classification System codes. We have procedures for those codes as well. Our extensive experience providing inventory update services to various cities makes us knowledgeable of the common pitfalls that may occur, such as inadvertently adding hundreds of new businesses in the inventory that do not require inspection. Our prioritization procedures include the removal of businesses with duplicate business licenses, businesses with multiple business licenses, home -based businesses, businesses with the incorrect BCC codes, and businesses that should not be included based on our past inspections. Our team also has extensive experience with using other online sources required for the inventory prioritization process, including the State Water Resources Control Board's (SWRCB) Storm Water Multiple Application and Report Tracking System and Toxic Release Inventory. The data tables downloaded from these online sources are compared using unique identification numbers and critical data are imported, as necessary. This task also includes periodic meetings and phone calls to provide the City with updates on inspections, discuss enforcement issues, and to provide program recommendations. Our project team will also provide one annual kickoff meeting to be held at the City office for training documentation purposes. Project management hours for the review and submittal of monthly summary status reports with monthly invoices are also included in this task. 6.3 Task No. 3: As -Needed NPDES Program Support We understand that the City may require additional technical and regulatory assistance related to other aspects of the NPDES program. This may include special inspections and studies, updating the City's Local Implementation Plan (LIP), Statewide Trash Provisions compliance, TMDL compliance, storm water and non -storm water sample collection and analysis, and other tasks related to improving and enhancing the City's NPDES program. We have provided similar services to numerous municipal and industrial clients in southern California, including the City. WSP has assisted several municipalities with technical and regulatory assistance. We are confident in our ability to provide expertise in each of the areas described further below and address any other compliance area of concern for the City. 6.3.1 Additional NPDES Program Inspections WSP staff has extensive experience with providing as -needed NPDES program inspections and can assist in any capacity needed by the City, from providing guidance to full program implementation. Construction Site Inspection WSP team has more than 20 local professionals supporting construction storm water permitting and inspection services and has been providing these services to both public and private sector clients throughout southern California for more than two decades. Over the past decade, our capability to provide these services has been built on securing contracts with many notable clients. Our staff routinely reviews construction compliance documents, such as SWPPPs, Erosion and Sediment Control Plan (ESCPs), and Water Pollution Control Plans (WPCPs). We have QSD/QSPs available to lead inspections and have a reputation for swift responses to meet client needs for construction inspection support. City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 121 RFP No. 23-028 Scope of Services and Schedule Our approach to providing storm water related construction services is to be proactive and establish expectations with developers and contractors early in the construction process. We intend to work closely with City staff to prioritize inspection needs (i.e., size, proximity to 303(d) listed water body segment, rainy or dry season, etc.) based on the history of specific types of projects or contractors. We have found that clear and upfront communication with private developers helps verify that NPDES issues, if they occur, will be properly addressed in a timely manner. Areas of expected support to construction services include: 10. Conducting routine and proactive storm water quality inspections for construction sites that require Construction General Permit (CGP) coverage Conducting as -needed inspection assistance based on project prioritization and City staff availability Collaborating with public works staff to bring NPDES issues into timely compliance Municipal Facility Inspections WSP's team has a thorough understanding of Orange County's Fixed Facility Model Procedures. We have We.pa� '%mA :Ry"`•°ap �.�aati_ .� a inspected and/or reviewed each fixed facility within the City — g a° "° ` Mirrors nCleana mr�wrreaa .ara°..m aaaia. pi p and can continue to support the City with completing aan a^gssxrdamc ll"�rmlr azareg�mp m°pmor°°m. back" an aapii inm mes n, guuer • �ep°O°quiet.am as aumpsa Mg P � � � 01"ip inspections, tracking inspection requirements, and/or Crew & Oil Ui*/ 1 N7oorM" Cleaning training City staff to complete this effort. Food Facility Inspections "Nee am iinga gmaee ' ^8a��. a"`ar�8 erteµ°r� urOT aarege Our project team has a thorough understanding of the dm� MajarSpi/lCleauap er,. iry Food Service Establishment (FSE) inspection program in;°" pernmme .espillcmmearaaarbam °owm �" p• aa ........ W��leDpa.al Orange County. WSP routinely performed Health Care°�°"" �;�wm"ro •.�„i„ y" ° '°` Agency follow-up FSE inspections. Our staff will provide the FSE with educational materials and will document - • • •- -• observations during the follow-up inspection. Should a • prohibited discharge occur, our staff will issue enforcement per the City's water quality ordinance. Illegal Discharge/Illicit Connection Inspections, Spill Response, and Source Investigations The City implements a program to actively detect and eliminate ID/ICs to the storm drain system. In addition to the proactive detection identified through County -led outfall monitoring or City -led facility inspections or special studies, a large portion of city investigations are in response to water pollution complaints or reported incidents. To achieve a consistent response in compliance with MS4 permit requirements, an Orange County Investigation Guidance Manual was developed by Orange County Copermittees outlining the fundamental techniques that should be followed during investigations. Each investigation must be thoroughly documented and discharges that present a significant threat to the environment must be immediately reported and remediated as quickly as possible. City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 122 RFP No. 23-028 Scope of Services and Schedule WSP has provided these types of investigation services to several Orange County cities (i.e., Anaheim, Santa Ana, Laguna Niguel, San Juan Capistrano, etc.) and understands the process for investigation, the resources available to assist the City with addressing and eliminating the discharge (i.e., County pollution response implementation agreement, Countywide Area Spill Control program, Orange County Health Care Agency, Orange County District Attorney's office, Environmental Protection Agency), and the procedures for required reporting to local and State agencies. Our team has extensive experience with water pollution investigations. Our project team has performed thousands of water quality investigations for the cities of Anaheim, Costa Mesa, and Santa Ana. We have worked closely with various city departments during many of these investigations. Kacen Clapper also led the County's Water Pollution Response Unit, which directed County efforts to address illegal and illicit discharges in County unincorporated areas and Orange County Flood Control District facilities. He also provided support to Orange County cities, including on -call water pollution response assistance. Not all water pollution incidents require the same level of response and initial investigations may be more quickly and cost-effectively achieved. Our proposed approach is to coordinate closely with City staff to assess each incident situation and determine the best plan for a response. If WSP assistance is requested, we will respond as quickly as possible. In many cases, our team is already in the City conducting other inspections or at the nearby office in Costa Mesa and can provide a timely response for the protection of downstream receiving waters. Areas of expected support in investigation services include: ► Response to emergency spill notifications, including agency notification and coordination, field investigation, and coordination of cleanup efforts ► Proper documentation of all incident investigations to achieve MS4 permit compliance and legally defensible investigation data ► Coordination with appropriate parties to quickly mitigate incidents ► Issue enforcement to bring NPDES issues into compliance and maintain tracking of all complaints, investigations, and correspondence Water Quality Management Plan Inspections Our team has reviewed hundreds of WQMPs for Orange County projects and is currently providing WQMP verification and BMP maintenance inspections for several Orange County cities, including Anaheim, Santa Ana, Laguna Niguel, and San Juan Capistrano. During our typical verification inspection, WSP verifies that the structural treatment control BMPs are installed in accordance with the WQMP and grading plans, flow patterns are reviewed to confirm that storm water is directed to the structural treatment controls as intended, and elevations are reviewed to assess storm water detention. WSP also understands that some projects within the City may be constructed in phases and the relationship between the construction phase and the need to protect structural treatment control BMPs during construction. City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 123 RFP No. 23-028 Scope of Services and Schedule Areas of expected support to Planning and Land Development include: ► Providing private project plan check services to review priority WQMPs and Non -Priority WQMPs for compliance with storm water regulations ► Advising developers, contractors, and engineers on potential solutions to water quality issues related to grading plans and encroachment permits ► Conducting post -construction BMP verification and maintenance inspections to achieve the City's compliance with MS4 permit requirements Municipal NPDES Permit or Statewide Construction General Permit Inspections, Training, and Enforcement WSP has extensive experience with NPDES permits, including the MS4 permit and CGP. Our staff has assisted multiple cities with their municipal construction inspection programs covering the multiple types of inspection programs required. Our staff can assist with guidance to inspection staff, assist with municipal inspections should City staff become unavailable, or assist in a support training role for City staff. Our team also can assist with implementation of the CGP requirements as the QSD or QSP for the City's CIP projects should a contractor not fulfill their requirements or the City needs support throughout a construction project. Our team has supported the City with similar support during past contracts. Our team also routinely provides training on the requirements similar to the County's pre -wet season construction training and can provide QSD/QSP training with staff with the CGP ToR certification. 6.3.2 Statewide Trash Provisions Support Technical Knowledge We have been leading the compliance effort for the Statewide Trash Provisions (also referred to as the "Trash Amendments") within Orange County. From the onset, WSP worked on behalf of several Orange County cities to create an ad hoc trash committee, provided numerous presentations on track selection within southern California including presentations to the Orange County cities and at a Riverside County workshop, and led efforts to develop a land substitution guidance document. We continue to be a leader in identifying cost-effective pathways to comply with the Trash Provisions requirements. Our extensive experience working with Orange County cities means we are familiar with the landscape and understand the challenges presented by the Trash Provisions requirements. Our staff developed several technical reports showing various compliance scenarios for multiple cities. We were also the lead author through a contract with the County of Orange to develop a Trash Provisions Land Substitution Guidance Document. Based on our extensive experience, our team is currently leading the effort in providing comments related to trash provision compliance under the Santa Ana RWQCB's Regional Phase I MS4 Permit. We understand the balance between having a flexible approach to having a clear compliance pathway outlined in the MS4 permit. Our staff presented on this land substitution compliance approach at several Orange County Storm water program WSP's GIS team is also uniquely qualified for this work. Our GIS manager for trash provision compliance is Mr. Kacen Clapper. Kacen also has extensive expertise with the Trash Provisions and storm water regulatory compliance. He has trained several of our GIS support staff on Trash Provisions support tasks, City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 124 RFP No. 23-028 Scope of Services and Schedule including automated delineations, refinement of drainages to include structures not reflected in digital elevation models (DEM), direct connection assessments, and modeling of land use trash generation rates (TGR). Direct connections are land areas that drain directly into the MS4 of the City or other jurisdiction, bypassing City municipal catch basins and any trash capture if Full Capture Systems (FCS) were installed at an inlet level. Because our GIS team's exceptional capabilities and understanding of the Trash Provisions policy and MS4 permit, and our previous history with the City, we will not have a "learning curve" related to tasks requested in this RFP. Trash Provisions support and GIS compliance work are a core business for our storm water group located in Orange County. Our team is uniquely qualified with an extensive work history for similar projects resulting in efficiencies and cost savings gained through years of experience. Our team also has extensive knowledge of the City's compliance strategy. We prepared the City's Trash Provisions Implementation Plan for the City that defined specific actions completed by City. The plan included current progress on program development, including mapped Priority Land Use (PLU) areas and modeled TGR adjustments, catch basin inlet delineated drainages, land use layer updates, preliminary land use substitution findings, and recommendations. The implementation plan is currently being updated for the remainder of the City and will include the projected trash load remaining. Based on current results, land substitution analysis suggests that FCS installed will achieve Track 1 compliance through submittal and acceptance of a land substitution request to the Santa Ana RWQCB and ongoing maintenance of the existing CPS devices. Delineation of Drainage Areas and Direct Connections The goal of this task is to: 1) identify City catch basins that receive runoff from PLUs and select equivalent Alternative Land Uses (ALUs); 2) provide more accurate ways to document runoff from City PLUS and areas that will be served by FCS to meet future annual report requirements; 3) confirm locations not captured by FCS requiring land substitution; and 4) obtain potential future OCTA grant funds (as part of the selection process). WSP has completed these delineations for several local clients, including the cities of Santa Ana, Irvine, Anaheim, Garden Grove, San Juan Capistrano, Laguna Beach, Laguna Niguel, Dana Point, and San Diego. Our approach includes automating the delineation process and performing a subsequent refinement. The initial task includes a desktop GIS analysis to develop a digital elevation model (DEM) based automated drainage delineation. This automated drainage layer saves time and provides a starting point for the subsequent refinement process. WSP recommends the subsequent refinement of drainages to account for structures that may affect drainage flow that are not reflected in the bare -earth DEM. In addition, the refinement process includes the search for public and private catch basins that may be missing in City GIS layers or need to be adjusted to match the location on aerial imagery. For the refinement process, WSP primarily uses storm drain infrastructure data, aerial imagery, and Google Earth street view images. Some drainage areas may require additional document reviews, such as the review of street improvement plans, private and public grading plans, and/or master drainage plans to complete the refinement process. City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 125 RFP No. 23-028 Scope of Services and Schedule Typically, street improvement plans and grading plans are only needed when a property appears to have a private inlet and we need to assess if the storm drain connects directly to the City's storm drain system or to the back of a catch basin. Since WSP has completed the refinement for each catch basin in the City, additional refinement will be needed for redevelopment projects or when additional catch basin or private drop inlets are observed in the field. Under this scope of work, our staff can continue to refine drainage areas based on additional information received or observations. On -Land Visual Trash Assessments (OVTAs) WSP understands the City's goal of meeting the Track 1 compliance. Because of issues such as direct connections and some catch basins identified as infeasible to install FCS, the City has installed CPS in catch basins that were feasible, including both PLU and ALU areas, to meet this Track 1 compliance strategy. The Bay Area Storm Water Management Agencies Association (BASMAA) developed a trash model that correlates different land uses with TGRs for both VISUALTRASH ASSESSMENT SCORING SYSTEM ra .7 A. ■ A = clean, no trash (Low trash generation rote) • B = few pieces of trash (Moderate trash generation rate) ■ C = small to moderate amounts of trash (High trash generation rote) • D = moderate to high amounts of trash (Very Nigh trash generation rate) PLUs and non-PLU areas and further connects these TGRs with an OVTA score that can be verified through field monitoring. This model will ultimately be used for land substitution under the Track 1 compliance strategy. WSP completed two rounds of OVTA surveys to verify baseline TGRs. Initial OVTA survey results suggest that City land use TGRs are considerably different than BASMAA modeled TGRs. WSP recommends additional rounds of OVTAs under the next contract to further strengthen findings and adjustment of modeled TGRs based on the initial OVTAs. WSP also anticipates the TGR model will need to be verified Trash Generation Rate 9m1q".,..��� .E�.�m. rc�zPnPey1p�Jne1AG5 (gallons/acre/year) ` - 30 -�• fig- 1�. 7.5 r •j II 2.5 T • ' �� � a J 1r7 s`i " - A T .a.. •� Miles i a as i z periodically, requiring additional OVTAs completed. While our initial round of OVTAs were completed using standard two -person field team survey methods, WSP has developed new methods to complete cost-effective trash surveys. WSP's team uses a camera and develops a machine learning algorithm to successfully identify trash and develop corresponding visual trash assessments scores for several survey segments. We anticipate using the machine learning technology for future OVTAs proposed under this contract. Trash Generation Rate Calculations As described above, WSP prepared the initial TGR maps for the City and adjusted the TGRs based on the OVTA findings. WSP assumes TGR maps will be updated based on additional OVTA findings to further strengthen findings and periodic verification will be needed based on the new MS4 permit requirements. After the adjustments are made, WSP will be prepare the TGR calculations. Our extensive City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 126 RFP No. 23-028 Scope of Services and Schedule history supporting this task for multiple clients including the City demonstrates there will be no "learning curve" related to this task. Full Capture System Recommendations and Regional Projects Our staff have assisted with trash capture feasibility studies and review of structural BMPs, including the review of regional BMPs, to assess if they are or could be retrofitted as certified FCS. As an example, we completed a feasibility study on the Chantilly Storm Drain System for the City of Anaheim and continue to assist the City of Irvine with the review of 42 natural treatment system basins. Our team has worked with stakeholders including the cities, OCWD, Irvine Ranch Water District, and Caltrans on FCS projects. As the City moves forward with regional BMPs, our staff can assist FCS certification for additional credit or in the event additional trash needs to be captured. WSP's team has extensive knowledge of structural BMPs based on our engineering team's review and team of inspection staff who verify structural treatment controls. Through our experience, we can often provide simple, cost-effective solutions to retrofit BMPs to meet compliance requirements. Trash Provisions Deliverables WSP has been assisting southern California municipalities with storm water -related MS4 permit reporting and record keeping since 2003. In this capacity, our Orange County municipal clients have included the cities of Santa Ana, Costa Mesa, Anaheim, Laguna Niguel, and San Juan Capistrano, as well as John Wayne Airport. We understand that a large component of municipal NDPES program implementation revolves around accurate and thorough record keeping, which is the foundation of good reporting. The Santa Ana MS4 permits require annual reporting on all LIP components, including legal authority, illicit discharge detection and elimination, land development planning, construction management, existing development, and public education. The San Diego MS4 permit requires additional reporting on jurisdictional strategies to address WQIP identified High Priority Water Quality Conditions. Our approach for this task will focus on consideration of reporting and record keeping as part of all NPDES program tasks. We will work closely with City staff to review existing program methods and propose new methods for tracking and reporting, if needed, to better streamline the reporting process. Over the past three years, Orange County Public Works has been encouraging cities to on -board to OC Storm Water Tools, a new web -based countywide storm water BMP inventory, planning, and water quality model tool. The web -based platform provides a uniform storm water asset management database linked to spatial drainage data and a pollution load reduction model to quantify water quality benefits. The tool is envisioned to encapsulate and eventually fulfil MS4 permit reporting requirements replacing the current cumbersome reporting methods. It is our understanding that the City currently has a backlog of entries to OC Storm Water Tools, which involve making field visits to City -owned and privately -owned storm water treatment devices to verify status and O&M issues, researching existing WQMPs and grading plans, and entering the data into the system. WSP is currently assisting several clients with this process (San Juan Capistrano, Laguna Niguel, and Anaheim) and is familiar with the challenges that on -boarding may present and the software quirks of the still evolving OC Storm Water Tools. Areas of expected support in Reporting and Record Keeping include: ► Manage and update inventories to track inspections of municipal facilities, commercial facilities, industrial facilities, WQMP projects, post -construction BMP maintenance and verification, and construction site inspections ► Prepare and submit the City's Santa Ana MS4 permit quarterly reports for NPDES permit facilities ► Acquire, compile, and submit annual report data to Orange County Public Works for use in development of Copermittee unified report ► Prepare NPDES MS4 Annual Reports for the Santa Ana and San Diego RWQCBs City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 127 RFP No. 23-028 Scope of Services and Schedule ■ San Diego MS4 Permit Attachment D Form, Fiscal Analysis, cover letter and annual report summary San Diego MS4 Permit WQIP jurisdictional strategy reporting tables ■ Santa Ana MS4 Permit PEA annual report ► Input BMP and WQMP data into the OC Storm Water Tools asset management and modeling tool for future potential use as a compliance reporting platform 6.3.3 Water Quality Management Plans (WQMP) Support Prepare and Review WQMPs WSP has teamed with Fuscoe for the preparation and review of WQMPs for the City. Fuscoe has extensive experience with all aspects of the New Development/Redevelopment Program. Fuscoe's engineering team has provided WQMP reviews for the City of Anaheim and has prepared WQMPs for developers. Fuscoe's in-depth understanding of the County's New Development/Re-Development Standards and Technical Guidance Document (TGD) will compliment WSP's services and provide additional engineering support available to the City. Hydraulic Calculations, Mapping, Hydraulic Modeling, BMP Design Our team routinely provides engineering services for grading and drainage projects associated with site development and redevelopment, and storm water BMPs (first flush treatment, green infrastructure, etc.), making us well suited for this task. WSP's engineers have experience with a wide range of civil engineering projects and can collaborate and confer with developers on designs for detention and retention ponds, drainage swales, culverts, underground storm drain systems, hydraulic modifications, and overall site grading considerations for new and redevelopment projects. We are experienced water quality engineers and are familiar with the necessary coordination between grading and drainage design and storm water quality analysis to find the best solution for a project. During the last contract, our engineering services included assisting with hydraulic calculations for a grant support project and lift station design. WSP has also teamed with Fuscoe to support this task for new WQMPs required by the City. WQMP Compliance with Municipal Permit and Technical Guidance Documents WSP and Fuscoe both have an in-depth understanding of the County's New Development/Re- Development Standards and TGD. Professional Engineer (PE) Stamp WSP and Fuscoe have engineering support services. Documents prepared by the respective firm will be PE stamped as required by the deliverable or at the request of the City. 6.3.4 Storm Water Sampling and Analysis Personnel, Equipment, and Materials for Sample Collection Storm water sampling requires extensive planning to collect accurate and defensible data and to avoid missed storm events. WSP has substantial resources available, including staff available 24/7, and a weather tracking system that minimizes unnecessary storm event mobilizations and provides a high monitoring success rate. This weather tracking system consists of a dedicated weather tracker used for multiple projects. Storms are tracked daily, and hourly as the storm approaches. Prior to any storm, equipment is checked, field meters are calibrated, labels are prepared, bottles are separated by site for ease of collection, and laboratories are notified. During storm events, our field teams use web -enabled smart phones to display real- time radar and rainfall data and work with the storm water project manager to track the weather during the event. City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 128 RFP No. 23-028 Scope of Services and Schedule Industry Standards, Training, and PPE WSP has a stringent QA program. To verify that the QA program is conducted uniformly, WSP sampling projects, such as the monitoring project conducted for the City at Morrison Park, have Sampling and Analysis Plans (SAP) and Quality Assurance Project Plans (QAPP). Our staff is trained on sample collection and handling requirements, clean sampling techniques, and sample documentation procedures Our staff wear clean, powder -fee nitrile gloves for sample collection and follow the instructions in the SAP/QAPP to collect defensible data and achieve the goals of the sampling project. Certified Laboratory Eurofins Environment Testing America (Eurofins) of Tustin will be used as WSP's contracted analytical laboratory. Eurofins is a global leader in environmental testing and is located close to the City. Pollutant Load Analysis/Deliverables for Water Quality Samples City monitoring projects may be completed for various reasons. WSP has completed monitoring projects at industrial/commercial for enforcement purposes. In these cases, staff quickly respond to incidents and samples are collected based on anticipated pollutants. Deliverables may include a summary of the sampling program, chain -of -custody, and laboratory report. These files may be used for future enforcement cases. In most cases, City monitoring projects are completed for BMP improvement projects to document pollutant load reductions. These projects have an SAP that identifies the goals of the monitoring program and defines how the monitoring data will be used. WSP can assist with all aspects of these projects, including calculating the pollutant load reductions, preparing the reports, and documenting BMP performance or any grant requirements. 6.3.5 Future Municipal NPDES Permit(s) Support Future NPDES Permit Review Our staff routinely provides comments on future regulations on behalf of our clients, such as the MS4 permit, CGP, and IGP. Our staff recently provided comments on the Staff Working Proposal to the County. Comments were compiled and submitted to the Tri County Group for the Regional Phase I MS4 Permit. Our staff can assist the City with providing similar review or advise the City on potential permit interpretations and impacts to the City based on our permit reviews. Program Transition and Modifications We have assisted cities with program development at the infancy of many of the MS4 permit programs. Our staff is currently working on program development for the trash provisions program as an example. Because of our extensive 19-year history helping the City, we are uniquely qualified to assist the City with any program transitions and can quickly prepare training programs or implement program modifications to meet the new MS4 permit requirements. Plan Modification including LIP and DAMP WSP has extensive experience updating City LIPS for several Orange County cities. Our in-depth knowledge of the County's MS4 permit, along with our understanding of the City's departmental structure and responsibilities provide the experience and insight necessary to perform an effective and efficient update of the City's LIP. WSP also started the update process for several sections of the LIP, but reallocated efforts to assist the City with other compliance tasks, including the trash provisions, TMDL support, and project management. WSP can complete the LIP update task upon City approval. 6.3.6 TMDL Support WSP is routinely involved with several stakeholder -led groups to further the science of TMDL development in southern California receiving waters. We have worked on TMDLs for a variety of pollutants, including metals, bacteria, nutrients, salts, sediment, dissolved oxygen, pesticides, and pathogens. Our experience City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 129 RFP No. 23-028 Scope of Services and Schedule encompasses numerous aspects of TMDL implementation, including watershed planning, special studies, and coordination with stakeholders involved in third -party TMDL development. We have experience with a variety of TMDL approaches, including development of water effect ratios and load modeling for metals TMDL; source assessment studies; and land use runoff monitoring projects to support long-term modeling of pollutant loading. Under the last contract period, WSP developed recommendations on strategies for the City to implement for the Newport Bay TMDL program. With the work performed and expertise on the TMDL compliance issues, WSP provides extensive resources available to the City to meet the City's long- term goals of having more control over the programmatic direction of the TMDL programs. 6.3.7 Watershed Management Plans (WMP) Support Technical Knowledge The WSP team has extensive experience preparing and implementing Water Quality Improvement Plans (WQIP) or WMPs. WSP is currently assisting north Orange County cities with BMP data entry within the web -based BMP asset and modeling tool, OC Storm Water Tools. In fact, OC Storm Water Tools will be a key component of the WMP compliance strategy for Newport Bay. We have been involved since initial development of the South Orange County WQIP in 2015 and currently assist several south Orange County cities with providing comments on WQIP documents, completing WQIP jurisdictional strategy table updates, and updating OC Storm Water Tools. We have also helped the South Orange County Copermittees with TMDL Comprehensive Load Reduction Plans and provided comments on the draft Time Schedule Order. The WSP team also has prepared and implemented several WQIPs within the San Diego's watersheds. Reasonable Assurance Analysis Reasonable assurance analysis (RAA) provides the demonstration that the implementation of control measures will, in combination with operation of existing or proposed of control measures, in combination with operation or proposed storm drain system infrastructure and management programs, result in sufficient pollutant reductions over time to meet TMDL wasteload allocations, water quality based effluent limits, or other water quality targets specified in the MS4 permit. RAAs may also assist stakeholders or City with budgetary impacts to meet pollutant reductions. As stated above, OC Storm Water Tools is anticipated to be a key component of the WMP compliance strategy as a BMP inventory, planning, and water quality modeling tool. The web -based platform provides a uniform storm water asset management database linked to spatial drainage data and a pollution load reduction model to quantify water quality benefits. The tool is envisioned to encapsulate and eventually fulfill MS4 permit reporting requirements replacing past reporting methods. WSP has assisted several cities by updating information in the OC Storm Water Tools that will be used to demonstrate load reductions. WSP's team can assist with the preparation of RAA, assess pollutant reductions associated with new BMP projects, and/or review the RAA completed by the County. WMP Compliance WSP can support the City in many areas, such as: ► Preparing City comments on Orange County Storm Water Program -developed planning documents and materials ► Preparing City comments on RWQCB-issued orders ► Participating in WMP program planning and implementation on behalf of the City ► Managing implementation of the WMP, including City -specific jurisdictional strategies, such as an MS4 outfall dry weather flow reduction ► Participating in Newport Bay watershed TMDLs implementation efforts and compliance assessment City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 130 RFP No. 23-028 Scope of Services and Schedule 6.3.8 Construction General Permit Support Preparation of CGP Documents and QSDs/QSPs WSP has extensive experience providing as -needed storm water quality support for CIPs. WSP's team of QSDs routinely review and prepare construction compliance documents, such as SWPPPs, ESCPs, and WPCPs. Our QSPs assist with the implementation of the SWPPP. Under the last contract with the City, our staff assisted the City with SWPPP preparation in advance of contractor selection due to grant requirements. Our team has also provided backup monitoring support when a contractor failed to implement their SWPPP. Our staff can support all aspects of the CGP, including preparation of inspection reports, rain event action plans, Annual Reports, Notices of Intent, Notice of Termination, Ad Hoc Reports, and Numeric Action Level Exceedance Reports. 6.3.9 Compliance with Other NPDES Permits WSP has extensive knowledge of other NPDES permits and development requirements in the City. We are available as an extension of the City staff to answer questions, review permit information, or assist with the implementation of these other types of NPDES permits. WSP routinely provides guidance on other NPDES permits, including individual permits, discharges from utility vaults and underground structures, drinking water system discharges, and de minimis discharge permits. WSP also assists dischargers with investigation orders, such as per- and polyfluoroalkyl substance investigations. 6.4 Schedule The table (below) lays out the proposed schedule for this contract. Table 5: Task -Specific Schedules Tasks/Anticipated Approach Date Inventory update 1-Ser Kick-off Meeting 1-Oct Update announcement 1-Oct letters Send announcement letters 1-Oct in batches Inspections/re-inspections are performed (assumes 1,020 inspections/year) Enforcement discussions/phone calls Senior review of forms 15-Sep 10 Brent Smith 1-Oct --' City representatives & WSP team 1-Oct -- Mike Lowther & WSP i administrative staff 15-Apr 1141 15-Oct 30-Jun 185 1-Oct 30-Jun 195 I 1-Oct 30-Jun -- Mike Lowther & WSP administrative staff (Letters will be sent in batches between the period specified) NPDES inspectors (2-3 inspectors typically complete inspections with two backup inspectors available. We have sufficient staff to complete the six per day required) NPDES inspector involved, Mike Lowther and/or Brent Smith Brent Smith & Mike Lowther (Forms are reviewed within five business days) City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 131 RFP No. 23-028 Scope of Services and Schedule Mail completed inspection forms Prepare/submit draft quarterly report to City Update commercial inventory Prepare PEA Draft County Excel tables and Chapter 9 Report Prepare PEA Final Report (Chapter 9) LAs-needed Task Note: ' = Not Applicable 1-Oct 30-Jun -- 1-Oct 6-Jan 1-Jan 4-Apr 1-Apr 6-July 1-July 3-Oct 6-Jan 6-Jan 4-Apr 4-Apr 6-July 6-July 3-Oct 3-Oct 1-July 31-Aug -- 15-Sep 15-Sep -- TBD -- -- WSP administrative staff, Mike Lowther (Approved forms are mailed within two weeks of inspection. Forms are mailed earlier if a follow-up inspection is required) Brent Smith & Mike Lowther (assumes deliverable is provided three to four days before due date to allow City to review) Brent Smith (This task does not re - prioritize the inventory or officially add businesses to the inventory for compliance reasons) Brent Smith & Mike Lowther (draft submittal will be completed well before the deadline; task performed around July or August) Mike Lowther Based on task assigned City of Santa Ana I Industrial/Commercial Inspection and NPDES Program Support Services I Page 132 RFP No. 23-028 EXHIBIT C April 6, 2023 23PROPGOVT.103 City of Santa Ana Public Works Agency 20 Civic Center Plaza (M-22) Santa Ana, California 92701 Attention: Mr. Craig Foster, EIT, CPSWQ, QSD/P NPDES Manager Re: Cost Proposal for Industrial/Commercial Inspection and NPDES Program Support Services RFP No. 23-028 Dear Mr. Foster: WSP USA Environment & Infrastructure Inc.'s (WSP) cost proposal is attached. Please find the requested Attachment 1, under separate cover from the proposal, submitted by WSP. WSP's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and Project Fee Schedule as outlined in the Scope of Services is included. Brent Smith, IGP ToR, CPESC, QSD/P, our proposed project manager, is our official WSP contact for this effort. He can be reached via email at brent.smithO wsp.com or via phone at 714-925-4498. Please let us know if you have any questions. Sincerely, Brent Smith, IGP, ToR, CPESC, QSD/P Senior Associate Scientist brent.smith@wsp.com ATTACHMENT 1 Table 1 High Medium Low High Medium Low Priority Priority Priority Priority Priority Priority Re - Year' Industrial Industrial Industrial Commercial Commercial Commercial Inspections' Total 2023-24 125 110 165 130 155 165 170 1,020 Fiscal Year 2023-24 Subtask Total 1.0 Task No. 1 — Industrial and Commercial Facility Inspections $175,910.00 Personnel/Labor Classifications required for this Subtask: Staff 1 Scientist/Engineer 305 hours @ $120.00 = $36,600 Staff 2 Scientist/Engineer 305 hours @ $130.00 = $39,650 Staff 3 Scientist/Engineer 305 hours @ $140.00 = $42,700 Associate Scientist/Engineer 165 hours @ $210.00 = $34,650 Project Assistant 100 hours @ $95.00 = $9,500 Senior Associate Scientist 40 hours @ $230.00 = $9,200 Postage (Postage Rate) 1,650 letters @ $0.60 = $990 Mileage (IRS Rate) 4,000 Miles @ $0.655 — $2,620 2.0 1 Task No. 2 — Database Management $32,420.00 Personnel/Labor Classifications required for this Subtask: Staff 3 Scientist/Engineer 16 hours @ $140.00 = $2,240 Senior Project Controller 12 hours @ $150.00 = $1,800 Associate Scientist/Engineer 64 hours @ $210.00 = $13,440 Senior Associate Scientist 60 hours @ $230.00 = $13,800 Project Assistant 100 hours @ $90.00 = $9,000 3.0 Task No. 3 — As -Needed NPDES Program Support3 T13D3 Personnel/Labor Classifications required for this task (including hourly rates and hours): Budget for this Task to be determined by the City and will be consider a contingency to the agreement. Hourly rates will be based on the rate sheets provided. Hours to be determined based on review of the scope required. Total Cost for Fiscal Year 2023/24 $208,330.00 1. Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial/Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2. Assumes 20% of the inspections require follow-up for BMP deficiencies or non-compliance. 3. Budget for this Task to be determined by the City and will be considered a contingency to the Agreement. Attachment 1 - 5 ATTACHMENT 1 Table 2 High Medium Low High Medium Low Priority Priority Priority Priority Priority Priority Re - Year' Industrial Industrial Industrial Commercial Commercial Commercial Inspections2 Total 2024-25 125 110 165 130 155 165 170 1,020 Fiscal Year 2024-25 Subtask Total 1.0 Task No. 1 — Industrial and Commercial Facility Inspections $175,910.00 Personnel/Labor Classifications required for this Subtask: Staff 1 Scientist/Engineer 305 hours @ $120.00 = $36,600 Staff 2 Scientist/Engineer 305 hours @ $130.00 = $39,650 Staff 3 Scientist/Engineer 305 hours @ $140.00 = $42,700 Associate Scientist/Engineer 165 hours @ $210.00 = $34,650 Project Assistant 100 hours @ $95.00 = $9,500 Senior Associate Scientist 40 hours @ $230.00 = $9,200 Postage (Postage Rate) 1,650 letters @ $0.60 = $990 Mileage (IRS Rate) 4,000 Miles @ $0.655 — $2,620 2.0 1 Task No. 2 — Database Management $32,420.00 Personnel/Labor Classifications required for this Subtask: Staff 3 Scientist/Engineer 16 hours @ $140.00 = $2,240 Senior Project Controller 12 hours @ $150.00 = $1,800 Associate Scientist/Engineer 64 hours @ $210.00 = $13,440 Senior Associate Scientist 60 hours @ $230.00 = $13,800 Project Assistant 100 hours @ $90.00 = $9,000 3.0 Task No. 3 — As -Needed NPDES Program Support3 TBD3 Personnel/Labor Classifications required for this Subtask: Budget for this Task to be determined by the City and will be consider a contingency to the agreement. Hourly rates will be based on the rate sheets provided. Hours to be determined based on review of the scope required. Total Cost for Fiscal Year 2024-25 $208,330.00 1. Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial/Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2. Assumes 20% of the inspections require follow-up for BMP deficiencies or non-compliance. 3. Budget for this Task to be determined by the City and will be considered a contingency to the Agreement. Attachment 1 - 6 ATTACHMENT 1 Table 3 High Medium Low High Medium Low Priority Priority Priority Priority Priority Priority Re - Year' Industrial Industrial Industrial Commercial Commercial Commercial Inspections' Total 2025-26 125 110 165 130 155 165 170 1,020 Year 2025/2026 Task Total 1.0 Task No. 1 — Industrial and Commercial Facility Inspections $175,910.00 Personnel/Labor Classifications required for this Subtask: Staff 1 Scientist/Engineer 305 hours @ $120.00 = $36,600 Staff 2 Scientist/Engineer 305 hours @ $130.00 = $39,650 Staff 3 Scientist/Engineer 305 hours @ $140.00 = $42,700 Associate Scientist/Engineer 165 hours @ $210.00 = $34,650 Project Assistant 100 hours @ $95.00 = $9,500 Senior Associate Scientist 40 hours @ $230.00 = $9,200 Postage (Postage Rate) 1,650 letters @ $0.60 = $990 Mileage (IRS Rate) 4,000 Miles @ $0.655 = $2,620 2.0 1 Task No. 2 — Database Management $32,420.00 Personnel/Labor Classifications required for this Subtask: Staff 3 Scientist/Engineer 16 hours @ $140.00 = $2,240 Senior Project Controller 12 hours @ $150.00 = $1,800 Associate Scientist/Engineer 64 hours @ $210.00 = $13,440 Senior Associate Scientist 60 hours @ $230.00 = $13,800 Project Assistant 100 hours @ $90.00 = $9,000 3.0 Task No. 3 — Additional Program Assistance as Requested TBD3 Personnel/Labor Classifications required for this Subtask: Budget for this Task to be determined by the City and will be consider a contingency to the agreement. Hourly rates will be based on the rate sheets provided. Hours to be determined based on review of the scope required. Total Cost for Fiscal Year 2025-26 $208,330.00 1. Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial/Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2. Assumes 20% of the inspections require follow-up for BMP deficiencies or non-compliance. 3. Budget for this Task to be determined by the City and will be considered a contingency to the Agreement. Attachment 1 - 7 Attachment 1 TABLE 4 PART I — LIST OF KEY PERSONNEL Names Functions Nathan Schaedler • Principal in Charge Brent A. Smith • Project manager/principal contact for the City • Technical Lead for Construction General Permit Support, Training, Future MS4 Permit Support Michael Lowther • Assistant project manager • Technical Lead for Inspection Tasks including Industrial/Commercial Inspections, WQMP Inspections, Municipal, FSE, IDIC; Source Investigations; and Storm Water Sampling and Analysis Ted Von Bitner • Technical Lead for Watershed Management Plans and TMDL Support Kacen Clapper • Technical Lead for Statewide Trash Provisions Support Marty Spongberg . Technical Lead for WQMP Support *Resumes for key personnel are included in Consultant proposal. Resumes for other WSP team members including subconsultants to be provided on request. Attachment 1 - 8 Attachment 1 TABLE 5 PART II — LIST OF SUBCONSULTANT Sub -Consultant Name / Address Functions Fuscoe Engineering Preparation of WQMPs, 15535 Sand Canyon, Suite 100 engineering support Irvine, CA 92618 Eurofins Built Environment Testing Analytical Laboratory in the event sampling is 2841 Dow Avenue, Suite 300 required. Tustin, CA 92780 Attachment 1 - 9 Attachment 1 TABLE 6 PRICE SUMMARY SHEET SCHEDULE I — HOURLY RATES Name Job Title/ Job Function Fully Classification Burdened Nathan Schaedler Principal Engineer Principal in Charge $260 Brent A. Smith Senior Associate Scientist Project Manager $230 Ted Von Bitner Senior Associate Scientist As -needed program $230 assistance Michael Lowther Associate Scientist Industrial/Commercial $210 Inspections and as -needed program assistance (inspection tasks) Kacen Clapper Senior 2 Scientist As -needed program $180 assistance (Trash Provisions) Marty Spongberg Principal Engineer As -needed program $260 assistance (WQMP Support) Ellen Smith Staff 3 Scientist NPDES Compliance Inspector $140 Kim Henry Staff 3 Scientist NPDES Compliance Inspector $140 Katelynn Webb Staff 3 Scientist As -needed program $140 assistance (Trash Provisions) Dylan Cawthorne Staff 3 Engineer As -needed program $140 assistance (Trash Provisions & WQMP Support) Bryan Shiang Staff 2 Scientist NPDES Compliance Inspector $130 Technician Technician As needed program $100 assistance (Sampling) Administrative Staff Project Assistant Project Assistant $90 * Fully Burdened rate includes all overhead, general costs, administration costs, and profit. Attachment 1 TABLE 7 PRICE SUMMARY SHEET DIRECT EXPENSES' Direct Expenses Costs Job Function Vehicle Charges $50/da Y Industrial/Commercial Inspections and As -needed site inspections Vehicle Mileage IRS Rate Industrial/Commercial Inspections and As -needed site inspections Postage Cost + 10% Markup Inspection reports Subconsultant Markup Cost + 10% MarkupAs-needed Other Direct Expenses Cost + 10% Markup Other expenses in support of project activities * Direct expenses are expenses necessary to complete the Tasks outlined in the Scope of Work, such as vehicle mileage, subconsultant markup, equipment rental, etc. Subconsultants markup shall not exceed 10%.