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HomeMy WebLinkAbout25M - AGMT - NPDES FEE STUDYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 1, 2015 TITLE: APPROVED AGREEMENT WITH LARRY WALKER ❑ As Recommended ASSOCIATES FOR NPDES AND ❑ As Amended ❑ Ordinance on 1" Reading ENVIRONMENTAL PROGRAM FEE STUDY ❑ Ordinance on 2nd Reading (STRATEGIC PLAN NO. 5,2) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANA R RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute an agreement with Larry Walker Associates, subject to nonsubstantive changes by the City Manager and City Attorney, for a National Pollutant Discharge Elimination System and Environmental Program Fee Study, for a one -year term expiring on August 31, 2016, with provisions for one 1 -year extension exercisable by the City Manager and City Attorney, in a total amount not to exceed $100,000 for the entire agreement term. Approval of this recommended action will allow the City to perform a comprehensive program analysis and fee study to ensure a proper balance between fees and costs in support of National Pollutant Discharge Elimination System (NPDES) and environmental programs. This analysis will review current and forthcoming Environmental and NPDES permit requirements, current and future watershed pollutant limits, and resource requirements relative to the program cost allocations. In 2002, the City Council approved a fee study for the NPDES program which established the existing fee schedule and revenue model. Since that time, permit and environmental requirements have significantly changed, which makes this comprehensive program review very appropriate. On May 15, 2015, a Request for Proposals (RFP) for NPDES and Environmental Programs Fee Study was issued and posted on the City's website. A mandatory pre - proposal meeting was attended by four engineering firms, and three firms submitted proposals on June 23, 2015. Each proposal was evaluated and ranked by a review committee comprised of Public Works Agency staff. The ranking criteria included the firm's qualifications, understanding the scope of 25M -1 Agreement with Larry Walker Associates for NPDES and Environmental Program Fee Study September 1, 2015 Page 2 work, work plan logic, clarity and specificity, consultant /sub - consultant qualifications, financial responsibility, and schedule to perform the services. All three firms were interviewed, evaluated, and ranked; then the fee proposal /rate schedules were opened and reviewed. The following summarizes the proposal results: Firm Larry Walker Associates NBS Integrative Economics, LLC Score Fee Proposal 94 $81,770 85 $71,701 65 $83,980 Staff recommends engaging Larry Walker Associates based on the firm's extensive experience and knowledge of the City's regional NPDES permit and other local environmental requirements; broad knowledge and understanding of the funding mechanisms; and unique approach to complete the work within the specified time. The proposal contained a clear path toward achieving City goals and objectives as required by the RFP. The total agreement compensation not to exceed $100,000 includes a project fee of $81,770 and a contingency of $18,230. STRATEGIC PLAN Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Funds in the amount of $100,000 are budgeted and available for expenditure in Fiscal Year 2015 -16 Federal Clean Water Protection Enterprise (NPDES Program) account (No. 05717640- 62300). e Mousavipour Exe utive Director Public Works Agency FM /EWG/TC Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25M -2 PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this I" day of September 2015 by and between Larry Walker Associates (hereinafter "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of NPDES and environmental program fee study. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; TERMS This Agreement shall commence on September 1, 2015 for a one (1) year term with the option for the City to grant up to one one -year renewal option exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 1. SCOPE OF SERVICES Consultant agrees to perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the City's Scope of Services as attached hereto Exhibit A - Request for Proposals. Additional Agreement provisions are attached to and incorporated into this Agreement as Exhibit E — Larry Walker Associates Proposal for NPDES and Environmental Program Fee Study (RFP No. 14 -069). 2. SCHEDULE OF SERVICES Upon Notice to Proceed issued by the City, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Exhibit B - Schedule of Services, as attached hereto and incorporated into this Agreement by reference. Consultant shall meet the work deliverables within the schedule and compensation approved herein. 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the 25M -3 Professional Services Agreement witlr Larry Walker Associates September 1, 20]5 Page 2 of 9 rates, fees, and charges identified in Exhibit C - Compensation, as attached hereto and incorporated into this Agreement by reference, in an amount not to exceed $100,000 over the entire life of the Agreement, including any renewal period(s). 4. 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 faxed in any tangible medium of expression, including but not Iimited to, physical drawings or data magnetically or otherwise recorded on computer disks (CD)s, USB jump drives or equivalent, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were 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. 5. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 6. 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 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. PAYMENTS & INVOICES a. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this Agreement shall be submitted in a format approved 25M -4 Professional Services Agreement with Larry Walker Associates September 1, 2015 Page 3 of 9 by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number. ii. Beginning and ending dates for services. iii. City Project and/or Task Order number and /or name (if applicable). iv. Work site address /location (if applicable). V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available. City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 8. 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. 9. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's 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. 25M -5 Professional Services Agreement with Tarry Walker Associates September 1, 2015 Page 4 of 9 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. 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 and $2,000,000 annual aggregate shall be maintained. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 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 without thirty (30) days prior written notice to the City, except for 10 days' notice for non - payment of premium. iv. Consultant shall supply City with a fully executed additional insured endorsement 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 10. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the ternis of or effects arising from this Agreement, This indermzity, 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 25M -6 Professional Services Agreement with Larry Walker Associates September 1, 2015 Page 5 of 9 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 indemlaity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 11. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services, If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 12. 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, 13. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, as further specified in Exhibit D - Certifications, as attached hereto and incorporated into this Agreement by reference. 25M -7 Professional Services Agreement with Larry Walker Associates September 1, 2015 Page 6 of 9 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. 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 is 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. 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(s) completed as of such date, and in such case such work product(s) 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, 17. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, and as further specified in Exhibit A - Certifications, as attached hereto and incorporated into this Agreement by reference. 25M -8 Professional Services Agreement with Larry Walker Associates September 1, 2015 Page 7 of 9 18. 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, The 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. 19. 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, 20. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 and: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax: 714- 647-6515 25M -9 Professional Services Agreement with Larry Walker Associates September 1, 2015 Pago8of9 To Consultant; I {aren P. Ashby, Vice President Larry Walker Associates 707 Fourth Street, Suite 200 Davis, CA 95616 Facsimile (530) 753 -7030 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 facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 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. 25M -10 Professional Services Agreement with Larry Walker Associates September 1, 2015 Page 9 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year as 'first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Assistant City RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: .`_! Karen E. Ashby Vice President Larry Walker Associates 25M -11 25M -12 Exhibit A - Request for Proposals REQUEST FOR PROPOSALS (RFP) FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Tyrone Chesanek Project Manager (714) 647 -5045 Office tchesanek(n,santa- ana.org for Release: IaY RFP DATES (Subject to change at discretion of City): Issue Date: Letter of Intent Mandatory Pre - Proposal Meeting Proposals Due to City City Council Award Anticipated Notice to Proceed Friday, May 15, 2015 No Date - Not Required Tuesday, June 2, 2015 Tuesday, June 23, 2015 Tuesday, August 18, 2015 Monday, August 24, 2015 25M -13 Fred Mousavipour Executive Director Public Works Agency Exhibit A - Request for Proposals NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY. Responses to this Request for Proposals (RFP) will be accepted until Tuesday June 23, 2015 at 2:00:00 p.m. Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 14 -069 NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Tyrone Chesanek Public Works Agency; 20 Civic Center Plaza; 3rd Floor Reception, Ross Annex Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. All notifications, updates, and addenda will be posted on the City's RFP Bid page at: www.santa -ana.or bQ ids -rs. 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. LETTER OF INTENT: Interested firms shall 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 shall be forwarded via certified mail or email. 25M -14 Exhibit A - Request for Proposals CITY OF SANTA ANA TABLE OF CONTENTS I. GENERAL II. PROPOSAL TERMS AND CONDITIONS III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE - PROPOSAL MEETING I. CITY RIGHT TO REJECT J. PROTESTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES & SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VII. IMPLEMENTATION A. HICK -OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS IX. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATIONS 25M -15 Exhibit A - Request for Proposals I. GENERAL Nature of Work: The City of Santa Ana is seeking a consultant to analyze the cost impacts and revenue requirements of current and proposed NPDES programs which would fully comply with the new permit issued by the State Regional Board. A requested Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Four (4) hard copies and one (1) digital file on USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm Qualifications and Financial Responsibility 15% • Staff and sub - Consultant Qualifications 15% • Understanding Scope of Work 25% • Work Plan Logic, Clarity, and Specificity 25% • Value of the Study Analysis and Fee 10% • Schedule 10% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. Project Funding: This study will be funded using environmental fees generated from the current environmental services program, and funds are considered city local funds. There may be more information regarding funding in the Attachment 1, Scope of Work, in the Appendix of this RFP. Term of Contract Agreement: The City desires to enter into a contract with the selected firm for a time period sufficient to complete the study. Staff anticipate the terns not to exceed one year. The term and time schedule for the agreement will be outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2. 25M -16 Exhibit A - Request for Proposals THIS PAGE INTENTIONALLY BLANK 25M -17 Exhibit A - Request for Proposals II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION: Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT: The City and the selected Proposer will enter into an Agreement shown in Attachment 2 in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY: Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE - CONTRACTUAL EXPENSES: Santa Ana shall not, in any event, be liable for any pre - contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS /SUBCONSULTANTS: Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime - subconsultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. 25M -18 Exhibit A - Request for Proposals Evidence of Financial Capacity: Proposer 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 in writing via e -mail to the Project Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline for Requests for Information" date noted on the cover page of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated in Section IILD: Addenda. 1�7Ub70►1�7_\ Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, www.santa-ana.org/bids-rfps E. LICENSES & PERMITS The selected Proposer 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 Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses /permits required by the Scope of Work. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City's website: www.santa-ana.org/bids-r_f ps. H. PRE - PROPOSAL MEETING A pre - proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question - and- answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described in Section III.D: Addenda. 25M -19 Exhibit A - Request for Proposals 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 agreement 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 subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. J. PROTESTS Proposers with concerns or rebuttal of any staff determination of non - responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the Executive Director of the Public Works Agency or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. IV. SUBMITTAL REQUIREMENTS 1. Number of Copies and signature: Refer to Section I: General. 2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: 1. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be formatted and limited to the number of pages detailed in the requested Scope of Work which is included in the Appendix of this RFP as Attachment 1. a. Cover Letter: — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 25M -20 Exhibit A - Request for Proposals b. Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement shown in Attachment 2 in the Appendix of this RFP. c. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of. d. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub- contractors that outline their technical and design experience. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /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 /principal agent shall be the primary contact person to represent your firm. e. Relevant Proiect Experience: Proposal shall include a list of 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, year completed, client name, along with a person to contact and their telephone number. f References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years 2. SCOPE OF SERVICES & SCHEDULE Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work, shown in Attachment 1 in the Appendix of this RFP. 3. FEE PROPOSAL: A fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work. 4. CERTIFICATIONS: The following forms, included in Attachment 3 in the Appendix of this RFP 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 25M -21 Exhibit A - Request for Proposals V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING Refer to Section I, General. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the proposer who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of an agreement between to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2, in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant' in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VII. IMPLEMENTATION A. KICK -OFF MEETING A kick -off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick -off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VIII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. 25M -22 Exhibit A - Request for Proposals Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 GENERAL The City of Santa Ana is regulated by the Waste Discharge Requirements for the County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County within the Santa Ana Region ( "MA4 Permit ") issued by the Santa Ana Regional Water Quality Control Board ( "Regional Board "). (Regional Board Order No. R8- 2009 -0030, NPDES No. CAS618030, as amended by Regional Board Order No. R8- 2010 - 0062.) The MS4 Permit is currently being rewritten and is expected to be adopted soon. The MS4 Permit requires the City to implement programs, such as commercial and industrial inspections and public outreach. It also requires the City to comply with discharge prohibitions. Complying with the MS4 Permit's requirements imposes financial burdens on the City. The City of Santa Ana (The City) is soliciting proposals from professional consulting firms to perform a fee study for the City of Santa Ana Federal Clean Water Protection ( NPDES) Program. Consulting services will require a full understanding of EPA's and the Regional Board's current regulations and permits, a firm understanding of the new draft MS4 permit and the TMDL requirements for the Newport Bay. The work, in general, consists of having a full understanding of the potential costs attributed to this program and the expertise to evaluate and recommend various funding options. The analysis shall include at a minimum all funding options with all requirements required to implements these fees and a clear and justifiable nexus for each funding source. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and/or sub - Consultants to complete the assignments to meet the City requirements. For specialized work for which the prime Consultant shall require a sub - Consultant, the prime Consultant shall serve as an administrative liaison between the City and the sub - Consultant. The prime Consultant mark -up for sub - Consultants shall not exceed 10 %. The Proposal shall be limited to fifteen (15) pages and the Firms qualifications shall be limited to twenty (20) pages for a total page count of 35. A cover letter shall summarize key factors and guarantee that key personnel shall be committed to manage and perform the required tasks throughout the duration of the contract. A separate Fee Proposal to perform the work as described herein shall accompany the Proposal in a separate sealed envelope. 25M -23 Exhibit A - Request for Proposals II. SCOPE OF SERVICES The Consultant shall perform the above noted services resulting in a comprehensive report that includes all projected and anticipated costs and all funding options of the NPDES Program with a clear and justifiable nexus. For each funding source the Consultant shall provide the necessary expertise and experience required to implement the fee. The Consultant shall provide a Work Plan which details the process for the services requested herein. Specific Task Orders with Notices to Proceed (NTPs) will be provided for the project at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order. The Consultant shall have complete responsibility for the accuracy and completeness of the Fee Study. The Fee Study will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. The Fee Study shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance are: a product neat in appearance, well organized, technically accurate, and grammatically correct with the authors and reviewers identified. The Consultant shall have quality control procedures for the Fee Study being performed under the Agreement. The quality control procedures shall include at a minimum the following: a process for checking accuracy of the Fee Study and an independent review that confirms the accuracy of the Fee Study. All documentation, correspondence, memoranda, etc. used to support the Fee Study shall be organized and bound in a separate file and included with the Fee Study. The Consultant's services for the Fee Study shall include at a minimum the following: 1. Research existing permits and records and analyze for costs with respect to this program. 2. Research pending/draft permits and analyze for costs with respect to this program. 3. Research existing and future TMDL requirements for the Newport Bay for costs with respect to this program. 4. Clearly identify the costs attributed to this program and properly categorized by function. The study shall allocate the revenue requirements for each customer class within and doing business with the City. 5. Research the five most common avenues to generate revenues for this program. They are: (1) taxes (both general and special), imposed for general revenue of the City or for specific purposes or programs; (2) property- related fees and charges, imposed as an incident of property ownership; (3) regulatory fee, imposed under the City's police power; (4) development fees, exacted in return for permits or other government privileges; and (5) special assessments, based on the special benefits conferred on property by the services or facilities for which the assessments are imposed. 6. Research new and innovative avenues to generate revenues for this program. 7. Provide support services for the process required to implement the funding sources 8. Prepare a detailed report that summarizes the projected costs and recommended funding avenues for this program. 9. Monitor Fee Study progress, maintain project files, and perform quality control for the work performed in house and by sub - Consultants. Incomplete and poor quality work and failure to meet milestones will not be accepted. All revisions and overtime required to bring the project back on schedule shall be performed at the Consultants expense, at no cost to the City. The 25M -24 Exhibit A - Request for Proposals Consultant and its sub - consultants shall conduct themselves at professional -level and shall provide a professional -level work product. 10. Attend regular progress meetings, at a minimum bi- weekly, to review progress with City staff. 11. Cost and Fee Analysis Study Proposal: The Proposal shall include a narrative for the fee analysis approach and the steps for providing a comprehensive cost and fee analysis; with a schedule to complete the Study. Note, no staff hourly rates or total study costs shall be included in the Proposal for the Study. The hourly rates and total costs shall be included in the Fee Proposal for the Study. A. Indicate any assumptions made for the Study which are described as follows: i) The revenue requirement of the City's stormwater program. ii) Customer characteristics. The City's 2003 study used data from two systems — property information, including lot area in the Santa Ana Information System ( "SAPIN"), and utility customer information in the Municipal Utility System (the "MUS "). Provide new data system that provides better land use or customer related information. iii) Determine customer classifications needed to fairly distribute the fee. iv) For non - residential customer, determine if there any additional unique land use descriptions that should be assigned to a subclass. V) Update the number of customers within each customer class and subclass. vi) Determine runoff coefficients for the customers. vii) Determine if there are any new, updated pollutant loading studies and whether new pollutant loading coefficients by land use type are appropriate based on current NPDES permit requirements or if there is a more appropriate method for allocating these costs. B. For the Proposal, list the number of hours and staffing position levels anticipated to complete a comprehensive cost and fee analysis without the hourly rates. C. For the Fee Proposal, list the number of hours and staff position levels anticipated to complete a comprehensive cost and fee analysis with the hourly rates. III. CITY RESPONSIBILITIES The City will provide the following: • All coordination within the City • A copy of the 2003 Stormwater Fee Study • Access to all files needed to perform the Fee Study 25M -25 Exhibit A - Request for Proposals Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 201 by and between , a sole ownership entity, (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of B. Consultant represents that Consultant is able and willing to provide such services to the City C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the Field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $ during the term of this Agreement. b. Payment by City shall be made within # of days (XX) 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. 3. TERM This Agreement shall commence on the date first written above and terminate on , 201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 25M -26 Exhibit A - Request for Proposals 4. 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. S. 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 subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance 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. 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. 25M -27 Exhibit A - Request for Proposals C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. 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. C. 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 canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fally executed additional insured endorsement. 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, 25M -28 Exhibit A - Request for Proposals judicial or equitable relief due to personal or property rights arises by reason of the terns 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. 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 minimtum 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. 10. 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 farther 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 25M -29 Exhibit A - Request for Proposals 12. 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 With courtesy copies to: Exec. Director XXXXX Agency City of Santa Ana 20 Civic Center Plaza (M -) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -XXXX City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6515 To Consultant: 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the 25M -30 Exhibit A - Request for Proposals 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. 14. 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. 15. 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. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. 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. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, 25M -31 Exhibit A - Request for Proposals 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. 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. 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. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: By: Name of Attorney (name) Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Name Executive Director — (Agency) 25M -32 Exhibit A - Reduest for Proposals EXHIBIT A SCOPE OF SERVICES (from Attachment I of RFP) EXHIBIT B CONSULTANT PROPOSAL FEE SCHEDULE (OR) RATES AND CHARGES EXHIBIT C CERTIFICATIONS (from Attachment 3 of RFP) 25M -33 Exhibit A - Request for Proposals APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 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, farther, 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 25M -34 Exhibit A - Request for Proposals APPENDIX ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. 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 malting 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 fiends 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 subj ect 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 25M -35 Exhibit A - Request for Proposals APPENDIX ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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 involved 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. 25M -36 Exhibit A - Request for Proposals 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 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 subconsultant 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. 8. 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: 25M -37 25M -38 Exhibit B - Schedule of Services JUNE 23, 2015 CITY OF SANTAANA Proposal for NPDES and Environmental Program Fee Study submitted by L A R R Y WALKER DAN CLOAK ENVIRONMENTAL CONSULTING 1 -39 c� lilt ( e� AA x Q � h gggg gg g gggQ gg �y g 9 ^Y 8 C C e § pp F 5 ¢f y 8d E di gg 4 S Y a �ggg� � i 1 a ppC x ro b 0 o i (( 6 b o � a � � a b c� lilt ( e� AA x Q � 25M -40 h gggg gg g gggQ gg �y g 8 C C lB pp 5 8d E di 25M -40 \�/ f )\ ! I 0. ( �m /k tow )\ 25M-41 i \!§ �(} )\ !! \ < ƒ\ »� ° t \\< .».�» j �q�\ ««� �e� < : «> »-, © - � .«yw 25M-41 i \!§ �(} )\ !! \ < ƒ\ PERSONNEL Project Staff Amy Bonato Allison Lewis Denise Parran Adrian@ Stovall Jennifer Bayley Suzanne Brown Michelle Benson Kathryn Walker Zachary Holsley Steve Maricle Danielle Moss Elizabeth Yin Bryant Alvarado Rani Keane- Dengel Airy Krich- Brinton Jeff Walker Alina Constantinescu Will Lewis Mike Marson Giles Peltifor Hope M. Taylor Rachel Warren Senior Staff Kristine Corneillie Karen Cowan Diana Engle Paul Hartman Gorman Lau Amy Stonn Mike Trouchon Associate Denise Conners Betsy Elzufon Sandy Mathews Mitch Mysliwiec Claus Suverkropp Principal Karen Ashby Ash Ii Cooper Desai Brian Laurenson Chris Minton Mack Walker Tom Grovhoug Exhibit C - Compensation LARRY WALKER ASSOCIATES Rate Schedule Effective July 1, 2015 — June 30, 2016 Rate $ /Hour $ 75 $ 75 $ 75 $ 75 $135 $135 $140 $140 $155 $155 $155 $155 $170 $170 $170 $170 $190 $190 $190 $190 $190 $190 $215 $215 $216 $215 $215 $215 $215 $240 $240 $240 $240 $240 $265 $265 $265 $255 $265 $290 REIMBURSABLE COSTS Travel Local mileage Transportation Auto rental Fares Room Subsistence nl Current IRS rate Actual expense Actual commercial rate Actual expense Actual expense $48 per day The rate for each meal as follows: t Breakfast Lunch $ 9 Dinner $13 Incidentals $21 $ 5 Report Reproduction and Copying: Actual outside expense Per black and white copy, $D 08 in -house Per color copy, In -house $0.89 Per binding, in -house $1.95 Special Postage and Express Mail: Actual expense Other Direct Costs: Actual expense Daily Equipment Rental Rates: All single parameter field meters (pH, EC, D.O., Turbidity) Multi- parameter field meters Peristaltic Sampling Pump Professional grade GPS unit Digital Flow Meter Digital Fluorometer Multi- parameter Data Sonde (with telemetry) - first day - each additional day Subcontractors: Actual expense plus 10% fee $25 each $35 $35 $25 $45 $45 $200 $ 40 Note: m Charged when overnight lodging is required. 25M -42 Revised 5114115 Exhibit C - Compensation SCI Consulting Group 25M -43 Rate Schedule Effective July 1, 2015 — June 30, 2016 PERSONNEL Rate REIMBURSABLE COSTS $ /Hour Principals Travel: Gerard van Steyn $210.00 Local mileage • Current IRS rate John Bliss, P.E. $210.00 Transportation . Actual expense Auto rental . Actual expense Fares • Actual expense Room • Actual expense Senior Staff Jerry Bradshaw, P.E. $205.00 Food • Actual expense Blair Asa $185.00 Susan Barnes $185.00 Jesse Salmon $185.00 Maria Garcia - Adarve $185.00 Special Postage and Express Mail: • Actual expense Project Staff ArceliaHerrera $145.00 Other Direct Costs: Jeanette Hynson $145,00 .Actual expense Melanie Lee $145.00 Angela Pagtalonia $145.00 Jennifer Per Lee $145.00 Note: (9 Charged when overnight lodging is required. Administrative Staff Ginger Ouichocho $65.00 25M -43 Exhibit C - Compensation Dan Cloak Environmental Consulting A Sole Proprietorship 2015 Fee Schedule Charges are for professional services and direct expenses. A new fee schedule is issued at the beginning of the calendar year and applies except by previous agreement. Invoices are prepared and submitted monthly unless arranged otherwise. Professional Services Charges are for any technical or related work necessary to perform the project. "Tasks may include environmental consulting, engineering, computer-related services, regulatory liaison, and report preparation. Charges are in increments of one quarter -hour. Dan Cloak, P.E. (Principal) ...... ............................... .......,....................... $160 /hour Direct Expenses Expenses directly related to services provided will be charged at cost. Examples of direct expenses are: • Subcontracted services • Special fees, insurance, or permits needed specifically for the project • Copying and reproduction • in -office black & white copies 10¢ /page • iii-office color copies 25¢ /page • Rental of special equipment • Costs of authorized travel outside the Bay area • Automobile mileage (IRS rate), tolls, and fares directly related to services 25M -44 Exhibit D - Certifications JUNE 23, 2015 CITY OF SANTAANA Proposal for NPDES and Environmental Program. Fee Study DAN CLOAK ENVIRONMENTAL CONSULTING 25M -45 Exhibit D - Certifications Appendix A: Certifications 25M -46 Exhibit D - Certifications This page intentionally left blank 25M -47 Exhibit D - Certifications APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO,: 14 -069 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, cormnunication, 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 die public body awarding the contract of anyone interested hn 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 crinninal prosecution. Signed State of California County of YUJO Subscribed and sworn to (or affroned) before me on this 14� day of , 201, by --- , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ALO LEWIS,, COMM. 079292 `-�' o NOTARY PUBLIC -CALIFORNIA p sACRAMENTO COUNTY Yary Public Signature Notary Public Seal My Comm. Expires 12N212076 25M -48 Exhibit D - Certifications This page intentionally left blank 25M -49 Exhibit D - Certifications APPENDIX ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES c& ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I . 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 die awarding of any federal contract, the mating 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 $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Lalr!a.t Wa, IkCeY 455raci44,cS Signed and Printed Name: _ & (er t nn R_1 1i, Title JlQt TVC5'AAey1$- a Date 25M -50 Exhibit D - Certifications This page intentionally left blank 25M -51 Exhibit D - Certifications APPENDIX ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 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. 1 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 constriction 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. 25M -52 Exhibit D Certifications 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 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 subconsultant 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. 8. 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: i CtKt 5 i r� Yi Finn: �-.dvf g VJ d 1Vf (- a5f r)c i �IA f 5 Date: LQ 111 LS 25M -53 25M -54 7or 4th otov.Suite Davis, CA 95616 530.753.7030 fax Dear Mr. Cheuooek The City of Santa Ana (Citv) faces m series o[complex regulatory, technical, and funding oheUm es to irnp|en�ent�$mmmnkcipoyo(ormnwoterpermoi!(��S4Penn|U and rwqu|remnwntoassociated vvi1hTotal �Maximum Daily Loads (TMDLs). Larry Walker Associates, Inc. (LWA), in association with SCI Consulting Group (SC|) and Dan Cloak Environmental Consulting (LWA Team), has assembled a project team with the technical expertise, local knowledge, and relevant experience to provide a comprehensive Fee Study and implement funding approaches selected by the City. The LWA Team has a long history of serving clients throughout the state with fee studies, successful public opinion surveys d/ Proposition 218 balloting including Orange County, El Dorado C Contra Costa County, Ventura County, Los Angeles County, and the City of Stockton. We excel at developing and delivering innovative, strategic, and technically sound solutions to address stormwater and TMDL program requirements in an efficient and cost-effective manner. Our Team's intimate understanding of the Orange County slormwater program and the upcoming permit modifications as well as our experience in estimating costs for full Implementation of the stormwater program (including TMDLs) and fee study development will provide the vision and experience needed to strategically support the City. Our Team has the background, expertise, and commitment to support the City am demonstrated byour: • Familiarity with the current and upcoming MS4 Permit requirements gained through intensive involvement with its negotiation, adoption and implementation; • Long-term support for the development and implementation of stormwater programs (e.g., since 2O03 for the County wf0nange); • Experience developing, negotiating, mnd/mrionp>enoonbngTyNBLsihrnughou1Cm||h»rnie'indod|n0the Newport Bay Watershed TM0Lm; • Experience in estimating costs for stormwater programs and/or TMDLs; and • Direct experience in conducting over 130 successful community-wide Proposition 218 ballotings. We are confident that our knowledge and understanding nY the regulatory environment, ntonnvvmbmrand |u1DL requirements, cost estimating, evaluation of funding options, and implementation uf funding strategies will provide the City with a partner to meet the challenges of this project and achieve successful outcomes, All key personnel are immediately available to support the City with this effort and are committed to perform the tasks required by their assigned role for the duration of the contract, Additional staff support is also available from L8V& and SCI 0u provide assistance amneeded. As an authorized representative on behalf of LWA for contractual agreements pertaining to the proposed services, I appreciate the opportunity to submit this proposal for consideration and look forward to working with you. For any questions that you may have, feel free to contact me at (530) 753-6400 x232 or Sincerely, Koren Vice President, Larry Walker Associates ��U�U ����� �� ��� Exhibit E - LWA PROPOSAL RFP NO. 14 -069 This page intentionally left blank 25M -56 Exhibit E - LAVA PROPOSAL RFP NO. 14 -069 JUNE 23, 2015 CITY OF SANTAANA Exhibit E - LWA PROPOSAL RFP NO. 14 -069 This page intentionally left blank 25M -58 L KFF NO. 14 -U69 Proposal Provided tot City of Santa Ana, Public Works Agency, ` Overview In responding to the City of Santa Ana's Request for Proposal (RFP) No. 14 -069, NPDES & Environmental Programs Fee Study, Larry Walker Associates, Inc. (LWA) has assembled a project team, consisting of SCI Consulting Group (SCI) and Dan Cloak Environmental Consulting [hereinafter referred to as the LWA Team], that has demonstrated, long -term experience with the Orange County Stormwater Program and total maximum daily loads (TMDLs) and success in the management and delivery of rate evaluation and fee studies similar to the services requested. The information requested in the RFP is located in this Proposal as summarized below in Table 1. The LWA Team offers the City of Santa Ana the unique benefits of having local area knowledge, long -term experience with the development and implementation of the municipal stormwater permit and total maximum daily load (TMDL) requirements, and demonstrated expertise and success in evaluation and implementation of innovative revenue sources. LWA has a history of working with the Orange County Stormwater Program and, as such, has in -depth understanding of the permit and TMDL requirements, the level of effort necessary to implement them, and the associated funding challenges. In addition, SCI has completed over 100 successful survey and Proposition 218 related ballotings throughout the state. Ms. Karen Ashby (LWA Project Manager) has closely supported the Orange County Stormwater Program for almost two decades, and both Ms. Ashby and Ms. Karen Cowan have an in -depth understanding of the Newport Bay Watershed TMDLs. In addition, the LWA Team members have successfully collaborated on previous projects, including two of the projects submitted under Section 1.e. /1.f. Relevant Project Experience & References. RFP Requested Information Section Where Item is Addressed in Proposal 1. Statement of Qualifications 1a. Cover Letter 1b. Agreement Statement 1c. Understanding of Need 1d. Firm and Team Experience • Firm Background & Experience • Organization Chart • Resumes 1e & 1f. Relevant Project Experience & References 2. Scope of Services & Schedule 3. Fee Proposal 4. Certifications • Attachment 3 -1: Non - Collusion Affidavit • Attachment 3 -2: Non - Lobbying Certification • Attachment 3 -3: Non - Discrimination Certification • Cover Letter • 1.b. Agreement Statement • 1.c. Understanding of Need • 1.d. Firm & Team Experience • Figure 1. LWA Team Organization • Resumes • 1.e. / 1.f. Relevant Project Experience & References • Project Descriptions • 2.0. Scope of Services & Schedule • Provided in Separate Envelope • AppendixA Table 1. Proposal Sections Addressing Information Requested in the RFP iWs �1, NPDES & Environmental Programs Fee Study P RFP No. 14-06 2 5,' -59 June 23, 2015 at 2:00 p. m9 F RFP NO. 14 -069 Proposal Provided to: City of Santa Ana, Public Works Agency y' 1.b. Agreement Statement The LWA Team has no exceptions to the Standard Agreement for services, Attachment 2 to the RFP. 1.C. Understanding of Need The City of Santa Ana (City) is regulated by Waste Discharge Requirements for the County of Orange, Orange County Flood Control District, and the incorporated cities of Orange County (Co- permittees) within the Santa Ana Region (MS4 Permit)'. The County of Orange is the Principal Permittee and has responsibility for overall program management and conducting some of the program elements on behalf of the Co- permittees. The core program elements that must be included within the Drainage Area Management Plan (DAMP) and jurisdictional Local Implementation Plans (LIPS) include: • Legal Authority /Enforcement • Illicit Discharges /Illicit Connections —Litter, Debris, and Trash Controls • Construction Site Inspections • Industrial Facility Inspections • Commercial Facility Inspections (Public and Private) • Residential Program • New Development /Significant Redevelopment • Public Education and Outreach • Municipal Facilities /Activities • Water Quality Monitoring In addition, the City is required to develop and implement watershed action plans, which address waterbodies on the 303(d) list as well as waterbodies with total maximum daily loads (TMDLs). The City's MS4 drains to the Santa Ana River and Newport Bay Watersheds and is named in several Newport Bay Watershed TMDLs, which require that additional programs and /or best management practices (BMPs) be implemented. These TMDLs include: • Nutrients in San Diego Creek and Newport Bay' • Fecal Coliform in Newport Bay' • Organochlorine Compounds in San Diego Creek and Newport Bay Watersheds" • Diazinon and Chlorpyrifos in San Diego Creek and Newport Bay Watersheds' • Toxics in San Diego Creek and Newport Bay Watersheds' • Selenium in the Newport Bay Watershed (still under development) The costs for the development, implementation, and operation /maintenance of the programs that are implemented pursuant to the Fourth Term Permit are significant and include both Shared' and Individuals Costs for the City: ' Order No. 118- 2009 -0030, as amended by Order No. RS- 2010 -0062— NPDES No. CAS618030 z Resolution No. 98 -9, as amended by Resolution No. 98 -100 3 Resolution No. 99 -10 4 Resolution No. R8- 2011 -0037 5 Resolution No. R8- 2003 -0039, it is anticipated that, the portion of this technical TMDL that addresses selenium, will be replaced by a Selenium TMDL in 2016. 6 EPA established June 14, 2002 NPDES & Environmental Programs Fee Study RFP No. 14 -069 25M ?� O June 23, 2015 at 2:00 p.m. L RFP NO. 14 -069 Proposal Provided to ='ry; City of Santa Ana, Public Works Agency y • Shared Cost Budget for Orange County Stormwater Program 2014 -2015 — "'$5.4 Million • Individual Cost Budget for Orange County Stormwater Program Copermittees 2014 -2015 - -104.8 Million The costs for the program have almost tripled since the inception of the stormwater program and are anticipated to continue to increase with the renewal of the MS4 Permit. The key areas that are anticipated to have significant financial impacts to the City in the near -term include the following: The Santa Ana Region MS4 Permit is in the process of being renewed and is expected to be adopted by late 2015. While much of the MS4 Permit is expected to remain the same or fairly similar', it is highly likely that the revised MS4 Permit will require a much more robust reasonable assurance analysis /study in order to provide a mechanism for the City to be in compliance with the MS4 Permit Receiving Water Limitations provisions (a compliance pathway) while the program is being implemented, but the receiving waters are not yet meeting water quality standards. The level of effort for the reasonable assurance analysis is functionally a "TMDL - lite." The Newport Bay Watershed stakeholders are working with the Regional Board to develop a TMDL to address selenium. Although it is structured as a Phased TMDL that will be implemented over 20- 30 years, the BMP Strategic Plan for the Santa Ana -Delhi and San Diego Creek Subwatershed (December 2013) and the resulting TMDL implementation plan will require the City to continue to participate in and evaluate /implement /monitor various BMPs, including the Santa Ana -Delhi Diversion Project. • The adoption of the Trash Amendments by the State Water Resources Control Board in April 2015 will require the City to select one of two compliance approaches (Track 1 or Track 2) in order to comply with these new requirements. While it is recognized that this program may be implemented jointly with the County of Orange and /or other MS4s, the fiscal impact to the City is expected to be substantial. The fiscal impact of the City's stormwater program is anticipated to increase because of additional, costly permit requirements. This fiscal challenge is exacerbated by the fact the California's Proposition 21810 regulations requires ballot measure approval for a new or increased fee dedicated to support storm drainage services — unlike services for water, sewer and /or solid waste collection, which are exempt from this balloting requirement. Most communities in California that have considered a dedicated funding source for stormwater services have determined that the base support level amongst local voters is below the threshold to generate the optimal funding level — and a more complex approach is needed. The City is seeking assistance in conducting a Fee Study, which would determine the cost impacts and revenue requirements of current and proposed stormwater permit programs, and identify and recommend various funding options. The general approach for the development of the Fee Study includes the following: 7 Shared costs include those activities performed by the County of Orange as Principal Permittee under the Program's Implementation Agreement and the separate cost share agreements for the TMDLs. E Individual costs include those incurred by each Permittee from the implementation of the jurisdictional LIP. 9The key areas that may be modified within the renewed MS4 Permit include Receiving Water Limitations, TMDLs, Municipal Inspection Programs, and New Development /Significant Redevelopment. 10 In November 1996, California voters approved Proposition 218, which requires that any new or increased property- related fee for storm drainage be subject to ballot measure approval NPDES & Environmental Programs Fee Study t RFP No. 14 -069 ���C June 23, 2015 at 2:00 p.m. L RFP N U. 14 -U69 Proposal Provided to:; �1 City of Santa Ana, Public Works Agency 1. Assessment of current and projected stormwater program (including TMDLs) expenditures and revenue sources a. Estimated annual expenditures implementing the stormwater program to date b. Projected costs for full implementation of the stormwater program c. Projected financial resources gap and annual funding needs for the long term implementation of the stormwater program 2. Document the feasible funding sources and compare /contrast the inherent advantages, challenges, and /or legal restrictions 3. Develop a range of reasonable and feasible alternatives based on potential funding sources and identify a preferred alternative 4. Identify an implementation plan for the preferred alternative Based on the requested Scope of Work in the Request for Proposals (RFP), the LWA Team recommends the five (5) tasks below for the development of the Fee Study. The tasks are described in more detail in Section 2.0. Scope of Services and Schedule. 1) Kickoff Meeting: A shared understanding of the project objectives and participant roles will set the foundation for a successful project. After contract award, the LWA Team key personnel will meet with City to discuss the scope of services, schedule and implementation process. 2) Regulatory Assessment & Cost Analysis: The Team will work with the City to identify the major costs needed to implement a successful stormwater program and comply with the MS4 Permit. We will assess the stormwater and TMDL requirements, review previous stormwater and TMDL - related reports and budgets, and identify current expenditures as well as the costs for full implementation. 3) Funding Options & Recommendations: The LWA Team will perform a cost allocation of the stormwater program's compliance costs categorized by function and customer class. We will then evaluate revenue mechanisms, including balloted and non - balloted approaches, innovative fees /assessments /funding approaches, and special assessments. Thereafter, we will provide recommendations to the City. The Team will also support the City with implementing the selected funding mechanism(s) and conduct pollutant loading analysis as needed. 4) Fee Study: The City will receive a comprehensive and accurate Fee Study that consists of information developed in Tasks 2 and 3. The Report will include the evaluation of funding options, recommended funding mechanism(s), and an implementation plan. 5) Revenue Source Implementation Support (As Needed): Based on the direction received from the City, the LWA Team will assist as needed with the implementation of the selected funding mechanism(s). 6) Project Management: To ensure that the project progresses efficiently and effectively, the Team will conduct conference calls and other meetings as needed. Ms. Karen Ashby, Project Manager, will ensure that the project deliverables are accurate, thorough and well presented. Quality assurance /quality control procedures, which include an independent review, will be implemented to ensure the accuracy of the Fee Study. The Team will maintain up -to -date project files. With extensive experience in designing and managing stormwater programs that comply with complex and dynamic MS4 permit requirements, expertise in pollutant load estimating, and identification and successful implementation of revenue mechanisms, the LWA Team is uniquely positioned to present the City of Santa Ana with viable funding options to finance a full implementation of the City's stormwater program. NPDES & Environmental Programs Fee Study Page 4 RFP No. 14 -069 V 2 June 23, 2015 at 2:00 p.m. 25M- L RFF NO. 14 -069 Proposal Provided to , City of Santa Ana, Public Works Agency, 1.d. Firm & Team Experience The LWA Team has the technical expertise, local knowledge, and background to support the City of Santa Ana with a comprehensive cost and fee analysis as well as implementation of funding mechanisms. The Team was carefully selected to meet the goals of the project while maximizing each firm's strengths. Our Team has successfully developed Proposition 218 balloted property - related fee studies and public opinion surveys in multiple regions, including Contra Costa County and the City of Stockton; in particular, SCI Consulting Group has conducted over 130 community -wide Proposition 218 ballotings. Our Team also has a thorough understanding of the Orange County Stormwater Program and the City's TMDL requirements, in particular those at the Newport Bay Watershed with LWA supporting the program since 2002. Dan Cloak Environmental Consulting, who performed with LWA and SCI on the successful Contra Costa County funding initiative, will serve in the role of Independent Reviewer. Our established relationships with regulatory agencies and work processes ensure that our Team will deliver high quality and responsive services. A brief description of each firm, including their services and expertise, is provided below. The project team personnel and their roles are provided in Subsection 1.d.1. Project Team. L A R R Y Larry alker Associates, Inc. LWA is a WALKER y privately owned firm headquartered in Davis, Our Offers Unique CA with regional offices in Santa Monica, to the City of Santa Ana Ventura, Carlsbad, San Jose, and Berkeley, California and in Seattle, Washington. LWA ✓ Intimate understanding of the provides environmental engineering and Orange County Stormwater ASSOCIATES p g g Program and implementation management services throughout California. requirements Mr. Larry Walker, who is the former Executive Officer of the ✓ Thorough understanding of the California State Water Resources Control Board, founded TMDL requirements for the LWA in 1979. LWA currently has a staff of 42 employees City, including the Selenium TMDL for the Newport Bay who provide a wide range of consulting services for Watershed municipal stormwater programs statewide, including ✓ Conducted similar work for program management, regulatory, and NPDES and MS4 other stormwater programs permit assistance. LWA has been a leader in all phases of ✓ Proven record of successful stormwater management for municipal and state clients, public opinion surveys and with extensive experience in the planning and Proposition 218 balloting implementation of stormwater management and compliance programs since 1990. We have successfully worked with the Santa Ana Regional Water quality Control Board, and have provided regulatory, cost analyses, funding implementation support, and numerous other technical support services for over 300 municipal clients throughout California, including Orange County. Ms. Karen Ashby, LWA Project Manager proposed for this contract, previously managed the Orange County Stormwater Program as an employee of the County of Orange and has provided support to the program as a consultant since 2003. LWA has a demonstrated record of accomplishment in building collaborative teams to support stormwater programs. For this effort, LWA will be supported by SCI Consulting Group (SCI), a leader in developing successful survey and P218 balloting as well as implementing non - traditional funding strategies for stormwater programs in Southern California. As the Prime Consultant with the sole responsibility to the City of Santa Ana for successful project delivery, LWA will coordinate the work efforts to provide seamless support to the City. NPDES & Environmental Programs Fee Study RFP No. 14-069 ;� �'`j June 23, 2015 of 2:00 p.m. Proposal Provided to: City of Santa Ana, Public Works Agency FQ SCI Consulting Group (SCI) is a public finance consulting firm with IConsultingGroup 30 years of expertise in assisting public agencies in California, including the County of Orange, City of Orange, and City of Placentia, with planning, justifying and successfully establishing new revenues for their service and capital improvement needs and objectives, and managing special assessment levies. SCI's 50 employees possess extensive benefit assessment engineering and formation expertise, particularly for agency -wide assessments that are much more difficult to gain property owner approval than development project or neighborhood assessments. Since Proposition 218 was approved in 1996, we have successfully farmed over 120 agency -wide new benefit assessments, which represent the majority of all post -P218 new agency -wide assessments in the State. These successful agency -wide assessments include all of the largest successful assessments in the State as well. SCI provides year -round special tax and assessment administration services and planning services for clients throughout California. Our firm currently administers over 400 assessment and special tax districts, comprising over 10,000,000 parcels. SCI's planning projects have included hundreds of development impact studies, facility and financing plans, demographic studies, cost of service and fee justification studies, and other planning and real estate studies. Moreover, Mr. John Bliss, proposed Task Lead for activities related to Funding Options & Recommendations, has served as the responsible Assessment Engineer on over 300 Engineer's Reports for new or increased assessments, comprising more post- Proposition 218 new assessment engineering than any other assessment engineer in the State. D p A, �i�O� Dan Cloak Environmental Consulting (DCEC) was founded by Mr. Dan Cloak in 2002. The one -man firm assists California municipalities with ENVIRONMENTAL CONSULTING stormwater NPDES compliance and urban watershed management. While specializing in stormwater treatment and Low Impact Development, DCEC has been involved in integrating stormwater pollution prevention practices into the everyday operations of municipal public works, planning and community development departments. DCEC worked with LWA and SCI on the successful Stormwater Quality Funding Initiative sponsored by the Contra Costa Clean Water Program. 1A.1. Project Team The LWA Team is comprised of highly qualified professionals to support the City with conducting the fee study and implementing funding options as well as providing project management. Our Team includes engineers, scientists and task leads who possess the qualifications and experience to successfully perform their respective role /function. As the Project Manager and Principal -in- Charge, Ms. Ashby is the primary point -of- contact to the City. The identified key personnel are charged with their assigned tasks, and in the event that Ms. Ashby is not available, the individuals will serve as the point -of- contact for their respective tasks. The project organization chart provided as Figure 1 identifies our Team's proposed key personnel as well as their roles. Table 2 provides the anticipated percentage of each individual's time committed to manage, execute and implement the various tasks on this project. Resumes highlighting the experience and qualifications for the key personnel are provided below. Page 1 6 25M -64 Key Personnel Percentage r I,' Giles Pettifor 25% Karen Cowan 15% Will Lewis 25% John Bliss 25% Dan Cloak 15% Table 2. Personnel Commitment NPDES & Environmental Programs Fee Study RFP No. 14 -069 June 23, 2015 at 2 :00 p. m. Proposal Provided to: City of Santa Ana, Public Works Agency Figure 1. LWA Team Organization w rm , T C � w Karen Ashby t'I Karen Ashby (') m o Giles Pettifor t'I Giles Pettifor (') •''' a ° Will Lewis (1) Karen Cowan I'> W John Bliss (2) oa c Giles Pettifor t'> c,2 Cost Allocation Assessment of o-4 Revenue Sources a v Pollutant ... E John Bliss izl (As Needed) = o Will Lewis John Bliss (Z) a G U 7 d u a Will Lewis I't LWA TEAM MEMBERS i — Larry Walker Associates 2 —SCI Consulting Group John Bliss (2) 3— Dan Cloak Environmental Consulting Karen Ashby (') Bold name indicates Task Lead Giles Pettifor t'1 "PrincipaFin- Charge Will Lewis t1> 1.e. / 1.f. Relevant Project Experience & References Table 3 below lists examples of the Team's projects for public agencies, on which the LWA Team and our staff performed relevant work within the last five years. As reflected in the table, the Team has experience performing all tasks related to conducting fee studies and implementing funding options. Project descriptions, including client name and contact information for references, are provided, afterthe resumes. LWA's reputation is a direct result of our professional and qualified staff and our commitment to fostering long -term relationships built on trust with our clients. Having successfully delivered similar projects to over 300 public agencies, we can readily provide additional references who can attest to our expertise, professional commitment and proven processes that deliver projects on time, on budget and to the complete satisfaction of our clients. 29M-65 NPDES & Environmental Programs Fee Study 015 No. 0p.m. June 23, 2015 at 2:00 p.m. Project Management' { rn �v iz Contra Costa Clean Water Program, Stormwater Quality Funding Initiative El Dorado County, Stormwater Finance Strategy King County, Stormwater Permit Cost and Rate Fee Change Study County of Orange, Nitrogen and Selenium Management Program Ventura County, Calleguas Creek Watershed Implementation Planning Los Angeles County, MS4 Permit Compliance Proposal Provided to: City of Santa Ana, Public Works Agency R5 Karen Ashby, John Bliss, Karen Ashby, John Bliss Giles Pettifor Karen Ashby, Karen Cowan Will Lewis, Giles Pettlfor Will Lewis, Giles Pettifor Table 3. The LWA Team has experience performing all tasks required to deliver a comprehensive cost and fee analysis. Page 1 8 25M -66 NPDES & Environmental Programs Fee Study RFP No. 14 -069 June 23, 2015 at 2:00 p.m. Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y C`n,n WALKER Karen Ashby, C1 ❑ SWQ V Vice President {rt I ASSOCIATES EDUCATION As Vice President and Project Manager for LWA, Ms. Karen Ashby has over 25 years of experience in the development, implementation and assessment of B.S. Biological Sciences watershed and stormwater management programs as well as watershed- specific University of California, studies and Total Maximum Daily Loads (TMDLs). She has been responsible for Irvine, 1991 facilitating permit renewals, reviewing and commenting on policies, guidance materials and permits, developing and implementing watershed and stormwater programs and TMDLs, developing program effectiveness strategies and REGISTRATIONS evaluating the effectiveness of SWMPs, developing program cost analyses for Certified Professional in funding initiatives, developing and providing stormwater - related adult learning - Stormwater Quality based training modules, and preparing technical reports. (CPSWQ), #0081, 2004 Orange County Area -Wide Stormwater Program. Hazardous Materials Project Manager since 2003 for the development, revision and implementation of Management Certificate, the area -wide stormwater management program (SWMP) for 36 Permittees. University of California, Efforts include regulatory and technical support for two separate municipal Irvine, 1997 stormwater permits, development of ongoing updates for programs, development of supplemental tools and guidance materials, development of overall training strategy and provision of multiple training modules, assistance YEARS OF EXPERIENCE with annual reporting, and development of program effectiveness strategies and assessments. With LWA: 12 Nitrogen and Selenium Management Program, County Of Orange. With other Firms /Agencies: Project Manager (2004 -2009) and Strategic Advisor (2013 — present) for the 13 Program (including the Newport Bay). Services have included development of nitrogen and selenium conceptual models, sources and loads evaluation; collaborative selenium TMDL; and waste load and load allocations, PROFESSIONAL implementation plan, environmental analysis, and documentation. Performed AFFILIATIONS review of impairment assessment; economic analysis; linkage analysis; and facilitation with watershed stakeholder group and regulatory agencies. Chair, 2004 4-2005 -2005 Contra Costa Clean Water Program. Assistant Project Manager for the analysis of existing and future costs for the Board of Director, CASQA countywide SWMP as well as all 21 Permittees. Oversaw analysis and 2002 -2004 development of existing program costs spreadsheets and technical report along Member, CASQA with consultant team. The information developed was used within a rate study to since 1999 determine funding needs and gaps, and identify available funding mechanisms. Stormwater Management Program, City of Stockton & County of San Joaquin. Project Manager since 2003 for development and revision of the Stormwater Management Plan and supplemental guidance materials including BMP fact sheets, standardized annual reporting formats, effectiveness assessment tools, training strategy and modules, and master compliance schedule. Oversaw multiple regulatory responses to Regional Water Quality Control Board. Provided technical support for funding rate study as well as regulatory support for permit renewals. Intimately involved in negotiation and development of permits. El Dorado County Lake Tahoe Stormwater Management Plan. Assistant Project Manager for the development of the Lake Tahoe SWMP and master compliance schedule. Oversaw development and submittal of SWMP, participated in public and internal meetings, and was lead author for several sections of SWMP including program management, illicit discharges, industrial and commercial, municipal operations, public outreach and education, water quality based programs and program implementation, evaluation, and reporting. Involved in a rate study to determine SWMP's funding needs and gaps. Pa e19 25M -67 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Giles Pettifor Project Scientist 11 ASSOCIATES EDUCATION Mr. Giles Pettifor is a Project Scientist II and Project Manager for LWA specializing in water quality, stormwater management, water resources, and NPDES permit M.S., Environmental Science compliance. He has gained over 14 years of professional experience working on and Management, water quality projects in seven states and with four sovereign Indian Tribes. Prior University of California, to joining LWA, Mr. Pettifor co- managed the municipal stormwater permit Santa Barbara, 2002 program for King County, Washington State's most populous county, for six years B.A., Claremont McKenna where he gained extensive experience in permit compliance management, MS4 College, Claremont, 1998 operations and maintenance, public outreach and education, low impact development, and TMDL development. Jurisdictional Runoff Management Plan, County of San Diego. YEARS OF EXPERIENCE Revised the municipal activities section of the County's Jurisdictional Runoff With LWA: 2 Management Plan (JRMP) to comply with the current MS4 Permit. With other Firms: 12 Water Quality Improvement Plan Development, City of San Diego. Assisted in the review and revision of the Water Quality Improvement Plans for three watersheds in the San Diego Region including Mission Bay. PROFESSIONAL County Sanitation Districts of Los Angeles County, Los Angeles County. AFFILIATIONS Assisted in developing the anti - degradation and Porter Cologne Act Section 13241 analyses for proposed infrastructure along the Santa Clara River. Member, CASQA Report of Waste Discharge, Ventura County Watershed Protection District. Assisted in developing TMDL compliance section of the Report of Waste Discharge (ROWD) for the Ventura County Stormwater Quality Management Program, including all Permittees under the Ventura Phase I MS4 Permit (Order 114- 2010 - 0108). The LA County MS4 Permit (Order R4- 2012 -0175) served as the basis for the ROWD, as it is the most recent Phase I MS4 Permit issued by the LA Regional Board. Municipal Stormwater Permit Program, Department of Natural Resources and Parks, Stormwater Services Section, King County. Oversaw King County's NPDES Phase I Municipal Stormwater Permit program for network of 11 County Departments, developing close relationships with 30+ neighboring Phase 11 Permittees, Tribal Nations, and regulatory agency staff. • Ensured implementation of nearly 100 permit requirements by developing numerous permit implementation and tracking tools, ensuring development/ submittal of required reporting documents. • In 2012, co- managed County response to new permit and analyzed associated resource needs, including budget analyses and stormwater fee assessment and rate increase. • Managed budgets, prioritizing and leveraging resources while navigating political processes to ensure that the County's myriad programs and 13,000 employees were protecting water quality in compliance with permit. • Co -led response to EPA compliance audit of entire stormwater management program, including 2 -day site visit audit and records request. r Personnel Experience & Qualifications Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Karen Cowan Senior Scientist ASSOCIATES EDUCATION Ms. Karen Cowan is a Senior Scientist and Project Manager for LWA's work in the TMDL, stormwater, and watershed management fields. Ms. Cowan has over 15 A.B., Environmental Science years of experience in the review, development and management of TMDLs, and Policy, Geology, stormwater programs, and region -wide stakeholder- driven water quality Duke University, 2000 programs. She has supported clients in Los Angeles, Orange County, and San Diego in the negotiation of watershed -based stormwater permits. Her TMDL YEARS OF EXPERIENCE experience has included nutrients, toxics, selenium, organochlorinated compounds, toxicity, metals, bacteria, and sediment. She has facilitated multi - With LWA: 6 stakeholder groups and worked extensively with state and federal agencies, including the Los Angeles, Santa Ana, and San Diego Regional Water Quality With other Firms: 9 Control Boards, State Water Resources Control Board, USEPA, USGS, and USFWS. She has extensive experience in Santa Ana and the Orange County region. PROFESSIONAL Third Party TMDL for Selenium in the Newport Bay Watershed. AFFILIATIONS Project Manager responsible for developing Third Party TMDL for selenium in Newport Bay watershed. Working with County of Orange, developed series of Co- Chair, CASOA Watershed public workshops to identify and discuss key issues and final approaches for Management and Impaired TMDL. Developed creative solutions for complex bioaccumulative TMDL, Waters Subcommittee including Phased TMDL structure consisting of "hard" reopener prior to triggering Member, CASQA Executive final allocations and conditional allocations that allow for regional trading and Program Committee offsets. Currently working with State and Regional Board to gain approval from USEPA on key solutions. A final TMDL and Basin Plan Amendment will be developed and delivered to the Santa Ana Regional Board for approval in 2015. Calleguas Creek Watershed OC Pesticides, PCBs, and Siltation TMDL. Task Lead for development and implementation of special study to examine sediment transport and effects in Calleguas Creek watershed. Evaluation includes examining sediment quantity impacts on benthic community to establish whether Mugu Lagoon is impaired. Organized and managed Technical Advisory Committee of experts. Final report includes regulatory recommendations, including removing sedimentation portion of TMDL and associated WLAs. Next steps include working with stakeholders and Los Angeles Regional Board staff to implement recommended regulatory actions. Dominguez Channel, Greater Los Angeles, Long Beach Harbor Waters TMDL. Assistant Project Manager to assist City of Los Angeles Watershed Protection Division (WPD) with development of TMDL for Los Angeles and Long Beach Harbors. Developed alternative approaches to numeric targets, waste load and load allocations; implementation plan based on direct effects of sediment quality objectives; and alternative options for reasonable methods of compliance prior to TMDL reopener. Reviewed and commented on Draft TMDL at Regional Board and State Board level. Assisted with negotiations with EPA, State Water Resources Control Board, and Los Angeles Regional Water Quality Control Board. County of Orange, OC Watersheds Program. Prior to joining LWA, performed as Supervisor for OC Watersheds Program. On behalf of 17 funding partners, developed, managed and implemented TMDLS for nutrients, organochlorinated compounds, toxics, and selenium. From 2004 -2009, developed and chaired Nitrogen & Selenium Management Program (NSMP) with 23 public and private stakeholders to develop management strategies for selenium and nitrogen, including development of site - specific objective for selenium. Developed public participation strategy, coordinated independent advisory panel and served as NSMP liaison to regulators and public. 25M_ 69 Exhibit E - LWA PROPOSAL �RFP NO. 1'4 -069 D C WALRKER ill Lewis, C1 SWQ, C1 EVC t; Project Scientist II 4� n ASSOCIATES EDUCATION Mr. Will Lewis is a Project Scientist II with LWA who is adept in the application of computational tools to address complex hydrology and water quality problems. M.S., Environmental Science Mr. Lewis has been engaged in a wide array of water resource management work and Management, Water ranging from stormwater and receiving water modeling to developing and Resources Concentration, carrying out sampling and analysis programs. Since joining LWA, he has been University of California, heavily involved in efforts to comply with multiple separate storm sewer (MS4) Santa Barbara, 2008 permits and TMDLs throughout California. Recent efforts include supporting the B.A., Environmental Studies, development of a series of TMDL Implementation Plans in Ventura County, University of San Diego, Enhanced Watershed Management Programs (EWMPs) in Los Angeles County 2005 and Water Quality Improvement Plans (WQIPs) in San Diego County. Calleguas Creek Watershed Implementation Plan. Responsible for developing an innovative and collaborative equivalent to a REGISTRATIONS Reasonable Assurance Analyses (RAA) to address relevant TMLDs and 303(d) Certified Professional in listings on behalf of municipal, wastewater and agricultural stakeholders. Erosion and Sediment Developed a Hydrologic Simulation Fortran (HSPF) model to simulate hydrology Control (CPESC), #6388, 2011 and the fate and transport of pollutants through the watershed. Established baseline and target load reductions for pollutants of concern using monitoring Certified Professional in summary statistics. Stormwater Quality (CPSWQ), #0735, 2011 Enhanced Watershed Management Program Technical Review. Completed a technical review of Reasonable Assurance Analysis (RAA) approach, modeling methodology and documentation presented in the Upper Los Angeles YEARS OF EXPERIENCE River (ULAR), Dominguez Channel (DC) and Upper Santa Clara River (USCR) EWMPs on behalf of the City of Burbank (ULAR), Santa Clarita (USCR) and the City With LWA: 1 of Los Angeles (DC and ULAR). With other Firms: 9 Los Angeles River Upper Reach 2 and City of Walnut WMPs. Primary modeler responsible for establishing baseline pollutant loading and target load reductions to receiving water concentrations into compliance using PROFESSIONAL the Load Simulation Program in C ++ (LSPC). Carried out multiple iterations of AFFILIATIONS structural best management practice (BMP) modeling using the Structural BMP Analysis and Prioritization Tool (SBPAT) to develop a suite of BMPs acceptable for Member, Water the Watershed Management Group (WMG). Environment Federal, Society of Environmental North Santa Monica Bay /Jurisdiction 2/3 /Beach Cities EWMPs. Toxicology and Chemistry Developed conceptual modeling framework to be used in future EWMP's for three large coastal WMGs. The proposed modeling framework exclusively uses SBPAT to establish baselines loads, load reduction targets and loads reduced for each BMP. Los Angeles Dept. of Water & Power Stormwater Capture Master Plan. Responsible for carrying out all spatial constraints and opportunities analyses used to establish baseline stormwater capture and future LADWP efforts to enhance capture under various scenarios. Page 1 12 I.:. 25M -70 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER ;'t John Bliss, M.Eng., P.E., LEED A.P. 4 Vice President ''t: SCI Consulting Group, Inc. (Team Member) ASSOCIATES EDUCATION Mr. John Bliss, a Professional Civil Engineer and Vice President of SCI Consulting Group, Inc., specializes in assessment engineering, special and general benefit M.Eng., Civil Engineering, analysis, crafting legally compliant, robust Engineer's Reports, assessment University of California, administration, cost estimating and budgeting, database design and Berkeley, 1990 implementation, regulatory compliance, and revenue measure formations. With Sc.B., Civil Engineering, 15 years of experience in this field of expertise, Mr. Bliss is a recognized expert Brown University, 1986 assessment engineer and Proposition 218 compliance specialist who has served as an expert witness and technical authority. He also has worked with most of the leading Proposition 218 specialized attorneys in the State, further expanding his REGISTRATIONS technical expertise. During his tenure at SCI, Mr. Bliss has served as the responsible Assessment Engineer on over 300 Engineer's Reports for new or Professional Engineer (Civil), increased assessments — comprising more post- Proposition 218 new assessment CA License No. C052091 engineering than any other assessment engineer in the State. LEED Accredited Professional Mr. Bliss also has extensive programming and database expertise. He taught the "Database Design for Project Management" course at UC Berkeley Extension and contributed to the computer and database programs that SCI uses as part of YEARS OF EXPERIENCE its assessment administration procedures. He also led the development of specialized software currently used to administer the state -wide CAL FIRE fee. 15 Prior to joining SCI, he co- founded information technology companies that focused on database and infrastructure management, including US Components and Construction Price, and worked as a field construction engineer for the Shimmick Construction Company and the US Department of Transportation. Contra Costa Clean Water Program. Faced with significant funding shortfalls to comply with permit requirements, the Contra Costa Clean Water Program ( CCCWP) embarked on the state's largest and most comprehensive revenue effort for stormwater management, beginning in 2010. The result is the 2012 Community Clean Water Initiative, a Proposition 218 - compliant property related fee, designed to generate over $8.5 million in annual dedicated funding to the County's member agencies. The CCCWP presented this county -wide fee initiative to property owners in the winter of 2012. County of El Dorado Stormwater Finance Strategy. Assisted the County of El Dorado and other stakeholder agencies with cost of service and financing strategy planning services for stormwater and NPDES improvements in the Tahoe basin. SCI analyzed current and potential funding sources including property - related fees, assessments, regulatory fees, taxes, and charges. Non - traditional funding approaches included user fees and the reorganization of government services to optimize funding for stormwater and pollution abatement services. This included an analysis and recommendations for potentially combining stormwater, wastewaster and refuse collection service fees to generate new revenues without requiring a Proposition 218 ballot proceeding. City of Los Angeles Stormwater /Water Quality Fee. Served as the lead assessment and fee engineer and Proposition 218 compliance manager responsible for evaluating the opportunity for a new city -wide stormwater /water quality fee. SCI's services included Proposition 218 compliance analysis, property - related fee analysis, modeling of weighted ballots and votes, property ownership and ballot participation modeling and opinion research. SCI provides strategic guidance to generate additional revenues for future stormwater, flood control and water quality objectives and has evaluated the relative opportunity for a voter - decided parcel tax. IMMULPersonnel Experience &Qualifications Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Dan Cloak, P.E. ' i Principal /Y I Dan Cloak Environmental Consulting (Team Member) ASSOCIATES EDUCATION As a Professional Civil Engineer and Principal of Dan Cloak Environmental Consulting, Mr. Dan Cloak assists California municipalities and countywide M.S., Sanitary and stormwater programs with the implementation of all required activities and Environmental Engineering, reporting to comply with Phase I and Phase II stormwater NPDES permits. Mr. University of California, Cloak assists municipalities with the revision of their land development review Berkeley, 1989 procedures and the implementation of stormwater regulations for new B.E., Civil Engineering, City development. Mr. Cloak also assists local, countywide and regional entities with College of New York, 1986 watershed management planning. He designs Low Impact Development (LID) treatment and flow control features and facilities for commercial and residential projects. Mr. Cloak also provides technical support and expertise to litigants in REGISTRATIONS cases involving stormwater NPDES and surface water quality. Contra Costa Clean Water Program. Professional Engineer (Civil), Performed with Larry Walker Associates and SCI Consulting Group on the CA License No. C45577 Stormwater Quality Funding Initiative sponsored by the Contra Costa Clean Water Program. Mr. Cloak evaluated reports of existing costs and developed a model to estimate future costs of stormwater NPDES compliance for Contra YEARS OF EXPERIENCE Costa County and the 19 cities and towns within the County. The resulting 2012 29 Community Clean Water Initiative is a Proposition 218 - compliant property related fee, designed to generate over $8.5 million in annual dedicated funding for the County's member agencies. Santa Clara Valley Water District. As Senior Project Manager, wrote the Santa Clara Basin Watershed Management Initiative's Watershed Action Plan. Analyzed surface - water - quality monitoring programs. Santa Clara Valley Urban Runoff Pollution Prevention Program (EOA). As Supervising Engineer, designed, implemented, and supervised technical studies of stormwater treatment BMP feasibility, effectiveness, and cost. Performed as Principal Investigator for 2 -year USEPA- funded study testing physical, water - quality, biological, programmatic, and social indicators of effectiveness of municipal stormwater programs. City of Livermore. Assistant Water Resources Manager responsible for supervising design of plant expansion as well as a staff of 30 to operate and maintain a 6 -MGD water recycling plant, 5000- account water distribution system, municipal sanitary sewer, and stormwater drainage. Page 1 14 I' 25M -72 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER 1�4 ASSOCIATES CLIENT Contra Costa County Clean Water Program CLIENT CONTACT Thomas Dalziel Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313 -2360 tdalz@pw.cccounty.us PROJECT DA TES 2010 -2011 LWA TEAM KEY STAFF Karen Ashby John Bliss Dan Cloal< KEY SERVICES • Permit Assessment and Cost Analysis • Assessment of Revenue Sources and Options • Implementation of Ballot Measure Stormwater Quality Funding Initiative Contra Costa County Clean Water Program, CA Faced with significant funding shortfalls to comply with NPDES permit requirements, the Contra Costa Clean Water Program ( CCCWP) embarked on California's largest and most comprehensive revenue effort for Stormwater management, beginning in 2010. The result is the 2012 Community Clean Water Initiative, a Proposition 218 - compliant property related fee, designed to generate over $8.5 million in annual dedicated funding for the County's member agencies. The CCCWP presented this county -wide fee initiative to property owners in the winter of 2012. Potential 'Task #1 Funding cost ��yy #G Analysts ,Task Contra Costa County is comprised of 19 cities` - and towns, and includes over 330,000 L developed parcels. The County is particularly diverse politically, economically, ethnically and geographically, and generally has a culture of skepticism towards new funding initiatives, all of which presented considerable challenges. In conjunction with SCI Consulting Group and Dan Cloak Environmental Consulting, Larry Walker Associates, Inc. (LWA) assisted the Contra Costa Clean Water Program with the technical support necessary to develop and impose a fee to provide a stable, long -term funding source to finance the municipal stormwater program. These efforts specifically included the following tasks: • Analysis of current Contra Costa Clean Water Program and other Stormwater and NPDES program annual expenditures and sources of funding; • Developing a multi -page survey to identify program needs and current funding sources; • Interviewing all 21 Co- Permittees and administering the survey; • Reviewing and analyzing the survey results as well as the projected stormwater program costs; • Developing final cost estimates for the needs of the stormwater program on a jurisdictional and /or regional basis; and • Developing information for inclusion in a final report. In addition to the above tasks, in which LWA had a lead role, LWA also provided technical review for the following tasks: • Identification of the potential funding sources with an analysis of: • Pros and cons of each source; • Political viability of each source; • Potential legal restrictions; • Future reliability of the source; • Estimated amount that each funding source may generate; and • Estimated implementation costs of the most viable funding options. • Development of draft and final Stormwater Funding Needs and Options document. Page 1 15 25M -73 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Stormwater Finance Strategy El Dorado County, CA ASSOCIATES CLIENT El Dorado County CLIENT CONTACT Brendan Ferry Department of Transportation El Dorado County 924 B Emerald Bay Road South Lake Tahoe, CA 96150 (530) 573 -7905 Brendan.ferry @edcgov.us PROJECT DATES 2009 -2010 LWA TEAM KEY STAFF Karen Ashby John Bliss KEY SERVICES • Permit Assessment and Cost Analysis • Assessment of Revenue Sources and Options Larry Walker Associates, Inc. (LWA) and SCI Consulting Group assisted El Dorado County and other stakeholders with cost of service and development of a Stormwater Financial Strategy to support the implementation of the County's east slope (Tahoe Basin) Stormwater Management Plan (SWMP). These efforts specifically included the following: FInclBbrnlwW,Flnu�ea94v1a8Y Papw< • Analysis of the current El Dorado County Tahoe Basin stormwater program annual expenditures and sources of funding; • Analysis of future stormwaterm�,,, _ program annual costs and sources of funding; I - -- • Estimate of the total costs required to implement the SWMP by program over the permit term; • Identification of the expected funding shortfalls by program element and year as well as a quantitative estimate of the existing and projected resources. The Team developed a comprehensive analysis of current and potential funding sources including property - related fees, assessments, regulatory fees, taxes, and charges. In addition, the Team evaluated non - traditional funding approaches such as user fees and the reorganization of government services to optimize funding for stormwater and pollution abatement services. This included an analysis and recommendations for potentially combining stormwater, wastewaster and refuse collection service fees to generate new revenues without the requirement for a Proposition 218 ballot proceeding. In addition to the above tasks, in which LWA had a lead role, LWA also provided technical review for the following tasks: • Identification of the potential funding sources with an analysis of: • Pros and cons of each source; • Political viability of each source; • Potential legal restrictions; • Future reliability of the source; • Sources that are readily available; and • Estimated amount that each funding source may generate. • Development of draft and final Stormwater Funding Needs and Options document; and • Development of a draft and final Financial Strategy Report. Page 1 76 L. » ".. 25M -74 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER 4- ASSOCIATES CLIENT King County, Dept. Natural Resources and Parks CLIENT CONTACT Douglas Navetski Water & Land Resources Division, Stormwater Services Section King County, Dept. Natural Resources and Parks (206) 477 -4783 doug.navetski@kingcounty.gov PROJECTDATES 2012 -2012 LWA TEAM KEY STAFF Giles Pettifor KEY SERVICES • Permit Assessment and Cost Analysis • Assessment of Revenue Sources • TMDL Assessment and Cost Analysis Stormwater Permit Cost and Rate Fee Change Study King County, WA In early 2012 prior to joining Larry Walker Associates, Inc., while co- managing the NPDES Phase I municipal stormwater permit program for King County, Mr. Giles Pettifor and a colleague conducted a 10 -week analysis to assess the cost of compliance with the upcoming stormwater permit and its impact on the Stormwater Program budget. The County's stormwater program was overhauled in 2007 in response to the complexity of a new Phase I permit. Then, in late 2012, a new Phase I permit was promulgated which included new program requirements of such proportion as to required substantial increases in permit expenditures. As the stormwater program was funded by a parcel - assessed fee calculated in part by area of impervious cover, an increase in this fee would likely be needed to fund the new requirements. However, a significant increase was not preferred by Council or the public. Therefore, Mr. Pettifor determined, as accurately as possible, what the total of complying with every minute detail of the permit would cost for the County. The results would be compared to current funding levels by program to determine the deficits that would then be used to calculate the needed revenue to fund these new requirements and the corresponding fee increase required to cover the cost. The assessment included the following tasks: • Translate various attributes about each permit requirement into database; • The attributes for each permit requirement included: • Current requirement versus new requirement; • Timeline for implementation of each requirement; • Budget breakdown for current requirement down to task level accounting for staff and hours to track FTE need; and • Projected scope of effort to determine budget needed for each new requirement, translated into tasks and staff hours and additional costs, including determination of correct organizational location for each task. • Calculation of budget totals projected for each year of upcoming permit with details down to the individual staff hourly duties; • Forecast of estimated potential increases in program needs for associated water quality programs with permit nexus, including TMDLs, EPA actions including Superfund, responses to drainage emergencies or flooding, grant funding opportunities, or other regional efforts; • Calculation of projected revenue with current funding scheme and rates for stormwater management fee and comparison against forecast needs by year, showing deficit in funding needed, which would lead to non- compliance with permit; • Determination of annual revenue increase needed to fund Stormwater program's new requirements to ensure compliance with the permit, identifying the gap between current funding and amount needed to achieve baseline compliance, and translation of this gap into required fee increase on a per parcel basis; and • Compilation and distillation of this analysis into a concise internal memo and presentation that successfully garnered support from management and council staff for the pursuit of the stormwater management fee increase. Page 1 17 25M -75 Exhibit E - LAVA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Nitrogen & Selenium Management Program Orange County, CA ASSOCIATES CLIENT From 2004 - 2009, Larry Walker Associates, Inc. (LWA) assisted the County of Orange County Orange and the Nitrogen and Selenium Management Program (NSMP) Working Group, a multiple stakeholder group consisting of 23 members representing state, county, city agencies, water districts, developers, and environmental nonprofits, with the implementation of the NSMP Work Plan CLIENT CONTACT within the Newport Bay Watershed. Chris Crompton Project Manager The NSMP Work Plan focused on developing watershed -wide management strategies for selenium and nitrogen where the primary source is rising OC Watersheds groundwater. The NSMP Work Plan included developing a BMP Strategic Glassell Field Office Plan, a trading /offset program, an evaluation of and recommendations for 2301 North Glassell Street the Nutrient TMDL, and the development of a site specific objective (SSO) for Orange, CA 92865 selenium. LWA's regulatory experience and support enabled the stakeholders to unanimously decide to pursue the development of the (714) 955 -0630 selenium SSO. chris.crompton @ocpw.ocgov.com In 2013, LWA worked with the staff of the Santa Ana Regional Water Quality Control Board (Regional Board), the County of Orange and watershed cities to create a strategy to develop the LWA -led third -party Selenium TMDL. The approach included developing a series of public workshops to identify and PROJ ECT DATES discuss key issues and final approaches for the TMDL. LWA developed 2013-ongoing numerous creative solutions for the complex bioaccumulative TMDL, including a Phased TMDL structure with a "hard" reopener prior to triggering final allocations, compliance approaches and compliance language for LWA TEAM KEY STAFF individial NPDES and MS4 permits, and conditional allocations that allow for Karen Ashby regional trading and offsets. Currently, LWA is working with State and Karen Cowan Regional Board staff to gain approval from US EPA on many of these key solutions. A final TMDL and Basin Plan Amendment will be developed and delivered to the Santa Ana Regional Board for approval in 2015. Once the TMDL is adopted, the stakeholders will re- initiate development of the selenium SSO. KEY SERVICES • Third Party TMDL Development • Treatment Control Best Management Practice (BMP) Evaluation • Watershed Compliance Strategy Development Page 1 18 �. 25M -76 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Cal leg uas Creek Watershed Implementation Planning t Ventura County, CA ASSOCIATES CLIENT Larry Walker Associates, Inc. (LWA) has provided technical water quality support Calleguas Creek Watershed to the Calleguas Creek Watershed (CCW) since 1998 and has assisted in Management Group watershed planning, monitoring, and management activities. The CCW water quality and water resource management group, comprised of municipal, agricultural, water supply, and wastewater treatment entities have contracted CLIENT CONTACT with LWA to manage the proactive development of a watershed implementation Joe Deakin plan to address pollutants of concern through an integrated framework in Assistant Director anticipation of a future MS4 permit. Department of Public Works The current Ventura County MS4 permit, issued in 2009, does not contain City of Simi Valley requirements to carry out quantitative assessments similar to the Reasonable 2929 Tapo Canyon Rd. Assurance Analysis (RAA) outlined in the 2012 Los Angeles MS4. The absence of Simi Valley, CA 93063 clearly defined watershed management planning requirements affords the co- permittees the opportunity to utilize novel and creative approaches to produce (805) 583 -6401 analyses that meet the intent of the RAA outside of the limits imposed by a JDeakin @simivalley.org Permit. On behalf of the CCW group, LWA has provided the following services: • Evaluated available peer- reviewed pollutant loading models and tools to PROJECT DATES establish a cost - effective, robust and defensible pollutant loading 2014 - Present technical approach, utilizing the body of work conducted within the watershed and extensive monitoring datasets; • Identified pollutants of concern based on receiving water and outfall LWA TEAM KEY STAFF monitoring datasets; and Will Lewis Established target load reductions expected to bring pollutants of concern Giles Pettifor into compliance with water quality based effluent limitations and Ashli Desai receiving water limitations. KEY SERVICES • Pollutant Load Quantification • Treatment Control Best Management Practice (BMP) Evaluation • Watershed Compliance Strategy Development Page 1 19 25M -77 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER MS4 Permit Compliance Los Angeles County, CA ASSOCIATES CLIENT In December 2012, the LARWQCB issued an NPDES permit to Los Angeles City of Santa Clarita County and 86 cities within the County for MS4 discharges. Larry Walker Associates, Inc. (LWA) is the Prime Consultant leading the development of a CLIENT CONTACT Bacteria TMDL Implementation Plan, Enhanced Watershed Management Program (EWMP) and Coordinated Implemented Monitoring Program (CIMP) Heather Merenda for the Upper Santa Clara River. Environmental Services and Sustainability Planner LWA has provided the following services: City of Santa Clarita Coordination with City of Santa Clarita, Los Angeles County, and Los 23920 Valencia Blvd. Angeles County Flood Control District, as well as the LARWQCB; Santa Clarita, CA 91355 Development of CIMP and EWMP Work Plan; • Development of monitoring approach that takes into consideration existing monitoring and tries to streamline the monitoring program (661) 284 -1413 requirements in the MS4 permit; hmerenda @santa - clarita.com Identifying water quality priorities and assessing the potential for modifying the minimum control measures in the MS4 permit; • Development of the overall compliance structure and adaptive PROJECT DATES management process for the EWMP; and 2013 - Present Oversight of the development of the model and BMP identification. LWA is also a subconsultant in the development of the EWMPs and CIMPs for LWA KEY STAFF the Rio Hondo /San Gabriel River, East San Gabriel River, San Gabriel River, Ballona Creek, Upper Los Angeles River, and Dominguez Channel watershed Will Lewis management areas. Giles Pettifor Ashli Desai Relevant tasks have included: • Developing the monitoring approach; • Identifying water quality priorities; • Tracking effectiveness of new development and redevelopment program; and KEY SERVICES • Assessing the potential for modifying the minimum control measures. • Pollutant Load Quantification • Structural Best Management Practice (BMP) Evaluation • Watershed Compliance Strategy Development r Project Experience L HFF 1V O. 14 -11.1169 Proposal Provided to: City of Santa Ana, Public Works Agency 2.0 Scope of Services & Schedule The City of Santa Ana (City) seeks assistance with the development of a Fee Study to determine the cost impacts and revenue requirements of current and projected stormwater permit programs [including total maximum daily loads (TMDLs)], and identify and recommend various funding options. The general approach for the development of the Fee Study includes the following: 1. Assessment of current and projected stormwater program (including TMDLs) expenditures and revenue sources 2. Document the feasible funding sources and compare /contrast the inherent advantages, challenges, and /or legal restrictions 3. Develop a range of reasonable and feasible alternatives based on potential funding sources and identify a preferred alternative 4. Identify an implementation plan for the preferred alternative 5. Project management and coordination 2.1 Recommended Tasks for the Successful Completion of the Project The LWA Team has the expertise and a firm understanding of the challenges faced by the City in the implementation and funding of the stormwater program. The Team will perform the following tasks to evaluate and recommend viable funding options that will best meet the needs of the City, and ensure the development of a comprehensive and accurate Fee Study. The Team's recommended tasks to develop the Fee Study are based on the requested Scope of Work (Attachment 1 in the Appendix) in the Request for Proposals (RFP). 2.1.1 Task 1. Kickoff Meeting After award of the contract, key members of the LWA Team will meet with City staff to discuss the scope of services and implementation process. To prepare for the first few tasks, the LWA Team will provide an initial information request to the City during this meeting. This will provide City staff with the necessary time to obtain and transmit documents that support the subsequent work effort. The LWA Team will work closely with City staff to ensure that we are able to obtain timely and complete feedback. The types of materials that may be requested include: • Sources of funds; • Revenues and expenditures related to fees specifically for stormwater compliance requirements (e.g., development application review fees, fees for inspection of businesses or construction sites related to stormwater compliance); • Budget details from the past two (2) fiscal years (2013 -2014 and 2014 -2015) for the implementation of the stormwater program, TMDLs, and /or other related programs; • Budget for implementation of stormwater program, TMDLs, and /or other related programs for the upcoming fiscal year (2015- 2016); • Any future projected budgetary needs for the implementation of the stormwater program, TMDLs, and /or other related programs; • Current salaries and benefit multipliers for key stormwater staff; and /or • Previous funding studies /assessments and /or ancillary information developed in support of the funding studies /assessments (e.g., 2003 Stormwater Fee Study). Deliverables: Meeting agenda and materials Meeting summary NPDES & Environmental Programs Fee Study Pa e 1 21 RFP No. 14 -069 2 1► A —79 June 23, 2015 at 2:00 p.m. L R1+'Y loli). 14 -U69 ,� Proposal Provided to: xi City of Santa Ana, Public Works Agency �,,, 21.2 Task 2. Regulatory Assessment & Cost Analysis - Current and Projected Stormwater Program and TMDL Expenditures, and Revenue Sources Using the materials obtained after the kickoff meeting as well as the current stormwater permit, draft stormwater permit, and TMDL- related documents, the LWA Team will assess the current and projected stormwater program - related regulatory requirements and identify the current expenditures and revenue sources. The Team is interested in what the City believes it will take to fully implement the stormwater program within its jurisdiction so that it will comply with the MS4 Permit. The Team will work with the City to identify, to the extent feasible, the major capital and operation and maintenance costs for the program. While the Team will aim to consider the critical costs, it may be necessary to make estimates rather than conduct detailed accounting for smaller expenditures. The Team may use the Orange County Stormwater Program 2007 Fiscal Analysis Guidance Manual to guide the development of the cost assessment. As a part of this review, the Team will evaluate previous stormwater and TMDL - related reports and budgets to ensure the full cost of the program is taken into account. In addition, the Team can draw from previous experience and interviews to obtain the necessary data. The Team will develop a series of summary tables that will be incorporated into the Fee Study. The Team will identify projected financial resources gaps and annual funding needs for the long -term implementation of the stormwater program (through the next permit term). Deliverables: Summary of current expenditures Summary of projected expenditures Summary of revenue sources and potential funding gaps 2.1.3 Task 3. Funding Options & Recommendations The LWA Team will analyze and determine various cost allocations, potential revenue sources and implementation approaches including the associated community outreach. A variety of potential revenue sources will be evaluated including special taxes, user taxes, transient occupancy taxes, sales taxes, balloted property - related -fees, non - balloted property - related fees, benefit assessments, regulatory fees, new development fees, service fees and other non - balloted fees and revenues. Each potential source will be studied and evaluated along important attributes such as political viability, legal rigor, reliability, legislative factors, costs of implementation and maintenance, future reliability, timeline and compatibility with other funding mechanisms. The Team will compare /contrast the most common revenue mechanisms and recommend one or more for the City. The LWA Team will also estimate the revenue potential and the estimated implementation cost of the most viable options. At the conclusion of this task, the Team will prepare a Fee Study, as described in Task 4, below, on the funding sources and findings and will carefully review the findings with the City and /or stakeholders. The sub -tasks associated with the funding option evaluation include the following: A — Cost Allocation The Team will identify the costs attributed to the stormwater program and categorize the costs by function and allocated revenue requirements for each customer class within and doing business with the City. B — Assessment of Potential Revenue Sources The LWA Team will compare /contrast the most common revenue mechanisms and recommend one or more for the City. At a minimum, this will include: NPDES & Environmental Programs Fee Study Page 1 22Q RFP No. 14 -069 ° O June 23, 2015 at 2:00 p.m. 25M- L K F N U. 14 -069 Proposal Provided to: City of Santa Ana, Public Works Agency • Balloted Approaches • Property- related Fees (Property Owner —50 %threshold of returned ballots) • Special Tax (Registered Voter — 66.7 %threshold) • Non - Balloted Approaches • Regulatory Fees /Development Fees /Impact Fees • Re- Alignment of Stormwater Program Management Activities as Sewer, Water, and /or Refuse Collection • Other Innovative Fees /Assessments /Funding Approaches • Special Assessments The Team will develop a range of reasonable and feasible alternatives based on potential funding sources and identify a preferred approach, likely incorporating several mechanisms. The Team will develop a series of summary tables that will be incorporated into the Fee Study, along with next steps for implementation. Deliverables: Categorization of costs Summary of funding options 2.1.4 Task 4. Prepare Fee Study The Fee Study will be a comprehensive document that includes all of the information developed pursuant to Tasks 2 and 3. The Study will tabulate and present the City's revenue needs associated with specific permit requirements and other services. It will also summarize the current and projected expenditures, revenue sources, a range of funding options, and a recommended approach for the City along with a clear and justifiable nexus for the recommended funding mechanism(s) and a plan of implementation. The Study will assess and make recommendations regarding legal, political, administrative and revenue generation aspects of the various approaches and /or combination of approaches as well as discussions of any limitations for the use of the revenue. In particular, the Fee Study will update the 2003 evaluation of customer characteristics and include any additional attributes that support new approaches. These characteristics will be applied to both residential and non - residential properties, and a complete parcel tabulation and analysis, organized by class and sub- class will be included in the Study. Finally, impervious area /runoff coefficients and pollutant loading factors will be presented in order to support the likely development of a complete fee methodology to be used for a dedicated funding source. The purpose of the Fee Study is to • Identify the funds necessary to fully implement the City's stormwater program annually and over the next permit term; • Present the potential funding sources available to the City; • Determine, evaluate and analyze specific customer classifications and associated property classifications and attributes including impervious area, runoff, pollutant loading, etc., and develop framework for contemporary, defensible, equitable fee methodology; • Identify funding alternatives, evaluate the alternatives and select a preferred alternative or combination of alternatives; • Present an action plan to implement the preferred alternative. In addition, the Study will include all of the documentation, correspondence and information used to support the study. ?~e^ NPDES & Environmental Programs Fee Study %= Page 23 8 015 t2 0p.m. 2 M June 23, 2015 at 2:00 p.m. PROPOSAL RFP lel(). 14-069 Proposal Provided to: G City of Santa Ana, Public Works Agency Once the Draft Study is developed, the LWA Team will conduct an independent review in order to confirm the accuracy of the Study and the supporting documentation. As noted within the organizational chart (Figure 1. LWATeam Organization), the LWA Team will use Dan Cloak as an independent reviewer. Deliverables: Outline Draft Fee Study & Supporting Documentation Independent Review of Draft Fee Study Draft Final Fee Study & Supporting Documentation Final Fee Study & Supporting Documentation 2.1.5 Task 5. Revenue Source Implementation Support (As Needed & Directed by City Staf1) Although the actual revenue source implementation support will be dependent upon the conclusions of the Fee Study and further direction from the City, the LWA Team has included our initial thoughts as to what tasks may be requested and the range of associated costs. A— Implementation Management, including Balloting and Community Outreach The LWA Team will assist as needed with the implementation of the selected funding mechanism(s). The types of assistance that may be provided includes implementation planning and management; feasibility analysis including public opinion polling; development of supporting resolutions and Fee Report (see Task 513, below), design, printing, mailing of balloting documents, and planning and implementation of community outreach. Possible Deliverables: Survey Instrument and Report Community Outreach Plan Community Outreach Collateral Materials (e.g., Handouts, FAQs, etc.) Complete Proposition 218 compliant Fee Report/Tax Report B — Fee Report, including Detailed Runoff and Pollutant Loading Calculations The LWA Team could develop, and /or assist with the development of the required supporting document for a dedicated revenue source (If a property- related fee is selected, the Team can develop the supporting report that is often called a Fee Report, Nexus Study or Engineer's Report. If a special tax is selected, a Tax Report can be developed.). It is anticipated that a rate structure will be developed based upon a number of key property attributes, including property use, property size and location, runoff coefficient, and pollutant loading. In Task 3, above, the Team will develop the foundation for the runoff coefficient (impervious area) and pollutant loading factors. Of these, the determination of pollutant loading is the most complex and has the least established precedent, and accordingly, the Team's approach is discussed below. This approach would be used in Task 3, and further, as part of Fee Report. Evaluation of Methodologies - The LWA Team will identify available, peer reviewed pollutant loading quantification methodologies, tools, and models and evaluate their potential use in allocating costs. These tools range from spreadsheet -based approaches to complex and costly watershed models that have been used throughout Los Angeles and San Diego Counties under the Enhanced Watershed Management Program (Los Angeles) and Water Quality Improvement Plan (San Diego) frameworks. The evaluation of pollutant loading allocation methodologies will consider the availability of Santa Ana and /or Orange County- specific land use, outfall, and receiving water monitoring datasets that may enhance or limit the value of using various methods to allocate costs. The LWA team will recommend a pollutant loading and NPDES & Environmental Programs Fee Study Page 1 24O RFP No. 14 -069 25M- June ° 23, 2015 at 2:00 P.M. L Kr'Y 1N O. 14 —U69 Proposal Provided to: City of Santa Ana, Public Works Agency quantification methodology for use in subsequent analyses based on technical considerations and City staff feedback. • Pollutant Loading Analysis- The LWA team will carry out a pollutant loading analysis using the methodology identified in the previous task. The pollutant loading analysis is expected to establish a relationship between pollutant accumulation and subsequent loading from land uses within the City boundary and a comparison to observed outfall or receiving water monitoring data. If this or a similar task were completed, at the conclusion of the task the Team could provide a technical memorandum that identified the candidate methodologies, the justification for the methodology selected, and the results of the analysis. Possible Deliverables: Draft Technical Memorandum summarizing results Final Technical Memorandum 2.1.6 Task 6. Project Management & Coordination The LWA Team project management and coordination approach has been successfully used in other projects to ensure that the Team: (a) maintains clear lines of communication, (b) informs and receives input from the City and /or other stakeholders on an ongoing basis, (c) stays on schedule, and (d) stays within budget. Ms. Ashby will use the following project management approach as needed during the duration of the project. In general, this approach will be used whether managing /coordinating work that will be completed by the LWA Team members or others. • Project Oversight: Ms. Ashby will provide overall project management and oversight for all task assignments and will be the day -to -day contact for the project. She will oversee tasks in progress and work closely with the Task Leads to ensure that the work meets the overall project objectives, and is completed on schedule and within budget. • Administrative: Ms. Ashby will be responsible for administrative tasks associated with this project, including the development and execution of sub - agreements with Team members. Sub - agreements will clearly identify the subcontractor roles and responsibilities, as well as scopes, budgets, and schedules, described in this proposal, and as potentially modified during subsequent negotiation. • Task Management: Ms. Ashby will manage tasks and identify a Task Lead for each major Task, consistent with the organizational chart. The Task Lead is assigned based on technical expertise and availability to respond to the task within the timeframe required. The Team will also manage the project files for each of the tasks. • Schedule & Budget: Ms. Ashby will maintain a master schedule with the due dates and budget for each task. The schedule will be developed and shared using Microsoft Project, and the budget will be tracked using spreadsheets. • Status Updates: Every month, Ms. Ashby will provide the City's Project Manager with a tasl<- level status update. The update will show spending and progress (relative to budget and schedule) at the end of the previous month. The update will identify any potential challenges relative to budget and schedule. She will notify the City's Project Manager regarding these issues as soon as they are identified. • Communication: Ms. Ashby will serve as the primary point of contact for the Team, providing clear, consistent, frequent, and honest communication with the City's Project Manager. She will respond to all requests in a concise and timely manner. NPDES & Environmental Programs Fee Study RFP No. 14-0 Page_I 25 June 23, 2015 at 2:00 p.m. L RFP N®. 14 -069 Proposal Provided to: - ?;11 City of Santa Ana, Public Works Agency • Email: All email communication from Team members to the City's Project Manager will be copied to Ms. Ashby. Any questions on the work (scope, schedule and budget) will be communicated to Ms. Ashby. • Conference Calls /Meetings: The LWA Team will participate in conference calls' and other meetings as needed to monitor the progress of the project. Regular conference calls /meetings are recommended to keep the project on schedule and to avoid inefficiencies that can otherwise arise. • Subcontractor Coordination: Ms. Ashby will be responsible for notifying subcontractors about task schedules and budgets and communicating with subcontractors to identify challenges that arise during the course of the work. However, to facilitate communication, subcontractors may communicate with key individuals directly to promote their understanding of the project requirements. Ms. Ashby will be copied on all email correspondence for each task. Quality Control & Consistency: As Project Manager, Ms. Ashby will ensure that the project deliverables are technically accurate, neat in appearance, user friendly, organized, and grammatically correct. During the transmittal of the documents, the authors and reviewers of the documents will be identified. Task Leads will review work products before submittal to Ms. Ashby. For work products of high importance, with specialized or novel technical information, and for high - profile tasks, suitable experts from the Team may also be designated by Ms. Ashby as reviewers. The Team will also utilize quality control procedures during the development of the Fee Study. This will help to ensure that the Study is accurate and that the accompanying documentation is adequate to support the implementation of the selected funding mechanism. As the Prime Consultant, LWA will coordinate the efforts of the team and have full responsibility for the accuracy and completeness of the Fee study. Deliverables: Meeting agendas and materials Meeting summaries Monthly summaries of work completed 2.2 Project Schedule The LWA Team developed the project schedule based on the Scope of Work and tasks required in the RFP. Leveraging the Team's extensive experience in completing fee studies for multiple stormwater NPDES and MS4 programs, we have developed a realistic and achievable schedule that considers the efforts for each task, task interdependencies, regulatory coordination and other potential impacts. Our proposed schedule is provided below as Figure 2. 2.3 Assumptions The assumptions for the completion of this project include the following. The LWA Team can obtain: • Budget /expenditure information for the past five (5) years for the implementation of the stormwater program and development /implementation of TMDLs. • Any relevant budget projections for the stormwater program and /orTMDLs • City's 2003 Fee Study • The Orange County Parcel Assessor's dataset • Most recent Orange County land use dataset ' At a minimum bi- weekly r, ! NPDES & Environmental Programs Fee Study Page 1 26Q w RFP No. 14 -069 25M- June ° w 23, 2015 at 2:00 p.m. Proposal Provided to: City of Santa Ana, Public Works Agency Task iov o< 0� m'0�' -moo oo Project Deliverables 1 Mckoff Meeting ♦ ■ Meeting Agenda & Materials Revenue Source ■ Meeting Summary Regulatory ■ Summary of Current Expenditures 2 Assessment &Cost ■ Summary of Projected Expenditures Analysis ■ Summary of Revenue Sources & by Staff) Potential Funding Gaps 3 Funding Options & ■ Categorization of Costs Recommendations ■ Summary of Funding Options • Outline • Draft Fee Study & Supporting Documentation ■ Independent Review of Draft Fee Study 4 prepare Fee Study • Draft Final Fee Study & Supporting Documentation ■ Final Fee Study & Supporting Documentation 2.4 Hours & Staffing Position Levels The LWA Team has available and qualified staff as well as the management efficiency and flexibility to meet the needs of the City on this project. The anticipated staffing and hours to complete the scope of work are provided in Table 4. i Karen Ashby - Project Manages ■ Implementation Plan Revenue Source ■ Survey Instrument and Report Implementation ..,...y ■ Community Outreach Plan 5 Support ■ Community Outreach Collateral Materials (As Directed ■ Complete Proposition 218 - compliant Fee by Staff) Report/Tax Report Dan Cloak (DCEC) — Independent Reviewer ■ Draft/Final Tech Memo (Possible deliverables as directed by City Stair) ■ Meeting Agendas and Materials 5 Project Management ■ Attendance at Meetings & Coordination ■ Meeting Summaries ■ Monthly Summaries of Work Completed Figure 2. Timeline to Complete Fee Study (based on anticipated one -year term) 2.4 Hours & Staffing Position Levels The LWA Team has available and qualified staff as well as the management efficiency and flexibility to meet the needs of the City on this project. The anticipated staffing and hours to complete the scope of work are provided in Table 4. i Karen Ashby - Project Manages 76 Giles Pettifor -Task Support 62 Will Lewis —Task Lead 58 Karen Cowan —Task Support 8 Michelle Benson- Administrative Support 12 John Bliss (SCI) —Task Lead 126 Dan Cloak (DCEC) — Independent Reviewer 30 Table 4. Staffing Plan to Complete Fee Study NPDES & Environmental Programs Fee Study 2age_I 2 =8 015 t2 0p. m. 5 M June 23, 2015 at o. 14 p. m. Exhibit E - LWA PROPOSAL REP NO. 14 -069 This page intentionally left blank 25M -86