Agenda packet — Oxnard City Council, May 7, 2024 (part 1 of 3)

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street May 7, 2024
Closed Session - 5:00 PM
Appointment Items - 5:30 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 889 6712 1405

3. Passcode: 110875
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.

AMENDED AGENDA
Ceremonial Items F.1 & F.2 Year Corrected to 2024
Public Hearing Item M.1 – Ordinance Revised Attachment
Reports N.2 – N.5 – Measure M Video Presentation Order Corrected 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 7, 2024 PAGE 2

c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING

a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Ashley Golden, Assistant City Manager, Steve Naveau, Director of Human Resources and Jason Benites, Police Chief
Employee organization: Oxnard Peace Officers Association (OPOA) Legislative Body: City Council

D. APPOINTMENT ITEMS (5:30 PM)

1. Cultural & Community Services Department
SUBJECT: Senior Services Commission Annual Report.

RECOMMENDATION: That City Council receives the Senior Services Commission annual report.

Please click the following link to view pre-recorded presentation video: https://youtu.be/JQDczg2J2Bs Legislative Body: City Council.

Contact: Terrel Harrison, (805) 385-7994
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of May 2024 as "Older Americans Month."

2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 7, 2024 PAGE 3

2. SUBJECT: Presentation of a Proclamation Designating the Month of May 2024 as "Asian Americans and Pacific Islander Heritage Month."

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

J. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the April 16, 2024 regular meeting as presented.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

2. Public Works Department
SUBJECT: Agreement 32400386 with Craftwater Engineering, Inc. for Consulting Services for Channel Island Harbor Water Quality Feasibility Study and Implementation Plan.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement 32400386 in the amount not to exceed $735,902 for a three-year term, ending from the effective date of the Agreement, for Consulting Services for the Channel Island Harbor Water 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 7, 2024 PAGE 4

Quality Feasibility Study and Implementation Plan.

(Public Works and Transportation Committee approved 3-0 on April 23, 2024.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Finance Department
SUBJECT: Update on the Financial Corrective Action Plan (FCAP) for Closing Past Audit Findings.

RECOMMENDATION: That the City Council receive an update on the Financial Corrective Action Plan (FCAP) for closing past audit findings.

Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
M. PUBLIC HEARINGS

1. Community Development Department
SUBJECT: Fore Property Development Agreement Amendment; Planning and Zoning (PZ) Permit No. 24-670-01. (15 minutes)

RECOMMENDATION: That the City Council:

1. Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) and Section 15378(b)(5); and

2. Approve the first reading by title only and subsequent adoption of an ordinance approving PZ No. 24-670-01 (Amendment No. 3 to Development Agreement No. A-7113), subject to certain findings and conditions.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/3WoS0In9cIQ
Legislative Body: City Council
Contact: Jeff Pengilley, (805) 385-8208

2. Housing Department
SUBJECT: Adoption of the Fiscal Year 2024-2025 Annual Action Plan, the amended Regional Consolidated Plan and the amended Citizen Participation Plan. (10 minutes)

RECOMMENDATION: That the City Council:

1. Conduct a U.S. Department of Housing and Urban Development public hearing regarding the fiscal year 2024-2025 Annual Action Plan, with funding recommendations, the amended 2020-2024 Regional Consolidated Plan and the amended Citizen Participation Plan;

2. Approve the fiscal year 2024-2025 Annual Action Plan;

3. Approve the updated changes in the amended Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan;

4. Authorize the City Manager, and his designees, to incorporate any recommended changes 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 7, 2024 PAGE 5

resulting from the public input to the fiscal year 2024-2025 Annual Action Plan, the amended 2020- 2024 Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan;

5. Authorize the City Manager, and his designees, to incorporate the final grant allocations into the 2024-2025 Annual Action Plan, and authorize the budget appropriations to fund the administration and activities, including the ability to increase or decrease activities funding up to ten percent or up to the administrative amount allowed of the administering staff, whichever is greater;

6. Authorize the City Manager, and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the fiscal year 2024-2025 Annual Action Plan, the amended 2020-2024 Regional Consolidated Plan and the amended Oxnard Citizen Participation Plan to the United States Department of Housing and Urban Development; and

7. Authorize the City Manager, and his designees, to execute agreements and sign all agreements for the implementation of the Annual Action Plan including subrecipients, interdepartmental, and intradepartmental agreements.

(The Community Services, Public Safety, Housing & Development Committee voted to approve unanimously.)

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/dUaLZyNIp8E
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
N. REPORTS

1. Finance Department
SUBJECT: Presentation of Single Audit Report. (20 Minutes)

RECOMMENDATION: That the City Council receive and file the 2023 Single Audit Report from the audit firm Eadie + Payne.

(The Finance and Governance Committee approved 3-0 on April 23, 2024.)

(Eadie + Payne's presentation will be live upon consultant's request.) Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400

2. Public Works Department
SUBJECT: Adopt a Resolution to Accept a State Grant for $500,000 to Fund Special Districts Division Water Quality Remediation Projects in Channel Islands Harbor. (10 minutes)

RECOMMENDATION: That the City Council:

1. Adopt a Resolution of the City Council of the City of Oxnard Authorizing the City of Oxnard to enter into an Agreement (A-8548) with the State of California Department of Water Resources to receive funds for the Channel Islands Water Quality Remediation Projects and Authorizing the City Manager to Execute the Agreement on Behalf of the City of Oxnard;

2. Accept a grant from the California State Department of Water Resources in the amount of 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 7, 2024 PAGE 6

$500,000 for the Channel Islands Harbor water quality remediation; and

3. Authorize the City Manager to execute the grant agreements and modify Exhibits of the agreement as necessary and the Finance Director or designee to submit the financial reports, grant claims, and approve the budget appropriations for the use of the grant funds; and the Director of Public Works or designee to submit the non-financial reports.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/DVkuev6rzrQ
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Agreement 32400411 with NATEC International, Inc. for Safety Training Services for the Public Works Department. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement 32400411 with NATEC International, Inc. (NATEC) in the amount not to exceed $1,500,000 for the maximum five-year term of the Agreement, with the initial term of one year ending April 30, 2025, after which the Agreement may be extended for four additional one-year terms; ending April 30, 2029, for Safety Training Services for the Public Works Department.

(Public Works and Transportation Committee approved 3-0 on April 9, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/2YRzNBS63TA
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Tree Program and Landscape Standards Update. (15 minutes)

RECOMMENDATION: That the City Council receive and file an update of the citywide Tree Program and Landscape Standards.

(Public Works and Transportation Committee approved 3-0 on April 9, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/FkpJx27uOlk
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: Additional Project Contingency and Budget Appropriation Transfer for the Mandalay Bay Bridge and Edison Canal Bridge Rehab Projects. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize:

1. An increase of $350,000 in Project contingency funds from $660,000 to $1,010,000 for use in the Mandalay Bay & Edison Canal Bridge Rehabilitation Projects (C1306 and C1307) and 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY May 7, 2024 PAGE 7

extend the completion date to September 30, 2024; and

2. The City Manager to approve a budget appropriation transfer in the amount of $350,000 from the FY 2023-24 available budget in the General Fund (101) Public Works Operating Budget to the Mandalay Bay & Edison Canal Bridge Rehabilitation Projects (C1306 and C1307).

(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/wVvr89bk9zU
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
O. ADJOURNMENT

7 CITY COUNCIL AGENDA REPORT

APPOINTMENT ITEMS (5:30 PM)
AGENDA ITEM NO. D.1

DATE: May 7, 2024

TO: City Council.

FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected]

SUBJECT: Senior Services Commission Annual Report.

RECOMMENDATION

That City Council receives the Senior Services Commission annual report.

Please click the following link to view pre-recorded presentation video: https://youtu.be/JQDczg2J2Bs

BACKGROUND

The Senior Services Commission serves as an advisory body to the City Council focused on items of interest to or affecting the quality of life for the seniors of Oxnard. The Commission is responsible for providing an annual report of activities to the Council, which is traditionally given in May to help highlight Older Americans Month.

This live presentation will include highlights of the commission’s activities over the past 12 months, a period that saw seniors returning to the centers after the scare of the pandemic and when several new efforts, including Seniors in Motion and returning congregate meals to the Colonia Senior Center, were started. Some of the activities adopted during the pandemic, e.g., the Halloween Trunk or Treat, were so popular we have added them to our annual events.

The Senior Services Commission will continue to work with the community to fulfill their powers and duties and advise the City Council on such matters.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Marisue Eastlake, RDVP Director

ATTACHMENTS

1. Presentation

8 2024 Annual
Senior Services
Commission
Report
5/7/24
1 9
Senior Services
Commissioners
2 - Alice Sweetland, Chair
- LaRita Montgomery, Vice Chair
- Clark Owens
- Gloria Massey-Chinea
- Linda Calderon
- Naomi Ontiveros
10 New Senior Services Commissioners
3 Commissioner Linda Calderon Commissioner Naomi Ontiveros 11 Community Recognition
4 12
100th Birthday Celebrations
Happy Birthday to You …
5 Juana Rodriguez, 100 Enriqueta Reyes, 100
13 100th Birthday Celebrations
Rosa Morales, 102
6 Frank Cabral, 100
14 Commission Commendation
7 Joe Malagan
Owner, Home Instead
Provided Christmas gifts
to homebound seniors
through the Senior
Nutrition Program.
15 Senior Nutrition
8 16
Senior Nutrition
● 22,200 Congregate Meals; 501
unduplicated participants
● 24,200 Home-Delivered Meals;
261 unduplicated participants
● Weekday meals started at
Colonia Senior Center, 1/9/23
9 17
Senior Services
Programming
10 18
Senior Center Fun!
11 19
More Senior Center Fun!
12 20
Art in the Garden
Art in the Garden at Wilson
13 21
Senior Fashion Show
14 22
Senior Fashion Show
15 23
Senior Prom
16 24
Start of SIM (Seniors In Motion)
Walking Group
17 Zumba
Paint and Sip
25 Out to Lunch Bunch
18 26
Excursions
19 27
Holiday Celebrations
20 28
Valentine’s Day
21 29
Mexican Independence Day
22 30
Halloween Trunk or Treat
23 31
Posada
24 32
Christmas Party
25 33
End of Summer Celebration
26 34
And Just Everyday Celebrations
Friendsgiving
Quinceañera
27 35
RSVP
RSVP Bone Builders
Tai Chi: Moving for Better Balance
28 36
RSVP
● 341 unduplicated
volunteers
● 43,573 hours of service
● $1,626,107 in time and
talent
RSVP volunteers serve at the
Oxnard Public Library gift shop.
29 37
RSVP Bone Builders
● 21 classes, 439 participants
● 92 volunteers
30 38
Tai Chi: Moving For Better Balance
● 12 classes, 361 participants
● 30 volunteers
31 39
World Tai Chi Day Celebration
East Park
32 40
RSVP Volunteer Recognition
First in-person
recognition since 2020
33 41
RSVP Instructor Appreciation
34 42
Senior Participation
in Recreation Events
35 43
Dia de los Muertos
Participants at our
senior centers
made altar
decorations and
were the
entertainment for
the opening
ceremonies.
36 44
Christmas Parade (Tamale Festival)
37 Chair Sweetland and Commissioner
Massey-Chinea
45 Ask an Abuelita (Tamale Festival)
38 Telemundo Segment
46 Ask an Abuelita (Tamale Festival)
39 At the Festival
47 Goals Accomplished
● Started Walking program (SIM and
RSVP)
● Added two new Senior Service
Commissioners
40 48
ORCAS
● No longer active
41 49
Goals for 2024
● Accessibility and Signage at Senior Centers
● Highlight Monthly Health Initiatives
● Center Program Evaluations
● Technology Education Programming
42 50
For more information,
contact the Senior Services
oﬃce at 805-385-8019.

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1

DATE: May 7, 2024

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the April 16, 2024 regular meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 04 16 2024 CC Regular Meeting

52 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
April 16, 2024

A. ROLL CALL, POSTING OF AGENDA
At 5:00 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxna rd, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Arthur Valenzuela, Mayor P ro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Gabriela Basua joined the meeting at 5:07 p.m. Councilmember Oscar Madrigal took a break from the meeting at 6:00 p.m. and rejoined the meeting at 6:43 p.m.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS

Public comments were received from Barbara Macri -Ortiz (C.1) and written comments were received from Francisco Fernando Gutierrez (C.1).

C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code section 54956.9(d)(1)).

Name of case: In The Matter of Kona Kai Mobile Estates Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code section 54956.9(d)(1)).

Name of case: City of Oxnard v. Fox Canyon Groundwater Management Agency Los Angeles County Superior Court, Case No. 20STCP00929 Legislative Body: City Council

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case.

4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
53 APRIL 16, 2024 OXNARD CITY COUNCIL PAGE 2

(Government Code Section 54956.9(d)(1)).

Name of case: Moving Oxnard Forward v. Jim Throop; et al.

Ventura County Superior Court Case No. 201800514769CUWM Legislative Body: City Council

At 5:05 p.m., the City Council recessed into a closed session. At 6: 02 p.m., the C ity Council reconvened in an open session in the Council Chambers. Stephen Fischer, City Attorney announced the following actions which resulted from closed session:

Regarding Item C.1, by a unanimous vote the City Council approved entering into a settlement agreement with Kona Kai Mobile Home Park Associated dba Kona Kai Estates and those Homeowners who filed a Protest Petition challenging the 2022 and/or 2023 rent increases. The terms of the agreement include:

1. The Park Owner waives the right to collect the 4 percent rent increase that it imposed in 2022.

2. The parties agree to a total rent increase of 5.74 percent between April 1, 2022 and March 31, 2025.

3. The parties agree to waive any claims regarding the current rents and any claims that they have against each other.

4. The settlement becoming effective is contingent a number of factors, including:

A. the Mobile Home Park Rent Review Board approving the material terms of the agreement on or before April 26, 2024.

B. no successful challenge to the Board’s approval of the material terms of the agreement or a successful challenge in court.

Copies of the settlement will be available for public review.

Regarding Item C.3, the City Council by a unanimous vote has directed the City Attorney to initiate an action. The action, the defendants, and the other particulars shall, once unsealed, be disclosed to any person upon inquiry, unless to do so would jeopardize the C ity’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.

Regarding Item C.4, by a unanimous vote, the City Council has given its legal counsel approval to refrain from seeking appellate review or relief in Moving Oxnard Forward v. Jim Throop, et al., which concerns the sufficiency of City monthly reports and accounting to the Council of receipts, disbursements and fund balances pursuant to Government Code section 41004.

D. OPENING CEREMONIES (6:00 PM)

Mayor Zaragoza led the pledge of allegiance.

E. CEREMONIAL ITEMS

54 APRIL 16, 2024 OXNARD CITY COUNCIL PAGE 3

1. SUBJECT: Presentation of a Proclamation Designating April 22, 2024 as "Earth Day."

Mayor Zaragoza read the proclamation and presented it to members of the C oastal Keepers .

Coastal Keepers was founded on December 31, 2020, President Rafael Ochoa decided to take on Ormond Beach as rainfall caused the waterw ay to overflow with debris and trash. The Ormond Beach clean-ups are focused on engaging the local community and teaming up with environmental partners to shift the health of our coastline. Coastal Keepers are dedicated to k eeping the 805 coast clean and beautiful. A dvocating for the betterment of our coastal environment, ecosystem, and community. The committee members accepted the proclamation and said a few words.

2. SUBJECT: Presentation of a Proclamation Designating the Month of April 2024 as "Sexual Assault and Child Abuse Awareness Month."

Mayor Zaragoza read the proclamation and presented it to members of the Oxnard Police Department Family Protection U nit and the Ventura County District Attorne y’s Office Victim Advocates Division.

3. SUBJECT: Presentation of a Proclamation Designating the Month of April 2024 as "Arts, Culture and Creativity Month."

Mayor Zaragoza read the proclamation and presented it to Carolyn Merino Mullin , E xecutive Director of the Oxnard Performing Arts Center Corporation (OPAC) and Gary Davis, Board Chairperson.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

County of Ventura Sheriff Jim Fryhoff, Mohammed Hasan, and Steve Huber.

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. City Manager Department
SUBJECT: Severe Storms Emergency Actions.

RECOMMENDATION: That the City Council ratify Director Orders regarding the Severe Storms Local Emergency proclaimed by the Director of Emergency Services on December 27, 2023, and related actions taken pursuant to the Severe Storms Local Emergency.

No action was taken on this item.

H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING

AUTHORITY BUSINESS/COMMITTEE REPORTS

The members of the Council provided brief announcements regarding their various activities. 55 APRIL 16, 2024 OXNARD CITY COUNCIL PAGE 4

I. REVIEW OF INFORMATION/CONSENT AGENDA

Items K.1 through K.8 were reviewed and discussed among the Council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.)

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the March 19, 2024, regular meeting as presented.

2. Fire Department
SUBJECT: Ratification of Authorization to be a Sub-Recipient of the California Opportunity Youth Apprenticeship (COYA) Grant.

RECOMMENDATION: That City Council ratifies the authorization of the Fire Department to be a Sub-Recipient of the California Opportunity Youth Apprenticeship (COYA) Grant.

3. Public Works Department

SUBJECT: Public Project Agreement 32400427 with Garcia’s Landscaping & Maintenance, Inc. for Seabridge Park Bench Installation Project, Specification No. SD 24-

82. RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping & Maintenance, Inc. in the amount not to exceed $12,650 for the installation of park benches at Community Facilities District No.

4. (Public Works and Transportation Committee approved 3-0 on March 26, 2024.)

4. Public Works Department

SUBJECT: Public Project Agreement 32400383 with Best Contracting Services, Inc. for On-Call Roofing Maintenance and Minor Repair Services Project, Specification No. PW 23-95.

RECOMMENDATION: That the City Council authorize the Mayor to execute an Agreement with Best Contracting Services, Inc. for a total amount not to exceed $190,000 for a maximum two-year term for on-call roofing maintenance and repair services.

(Public Works and Transportation Committee approved 3-0 on March 26, 2024.)

56 APRIL 16, 2024 OXNARD CITY COUNCIL PAGE 5

5. Public Works Department
SUBJECT: Public Project Agreement 32400262 with Central Coast Engineering for On- Call Plumbing Maintenance and Minor Repairs Services, Specification No. PW 23-105.

RECOMMENDATION: That the City Council authorize the Mayor to execute an Agreement with Central Coast Engineering for a total amount not to exceed $196,000 for a one-year term for on-call plumbing maintenance and repair services.

(Public Works and Transportation Committee approved 3-0 on March 26, 2024.)

6. Public Works Department
SUBJECT: Agreement No. 32400468 with Raftelis Financial Consulting Professional Services for an Annual Water Rate and Pass Through Analysis and Financial Plan Review.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement No. 32400468, subject to approval of the final form of the agreement by the City Attorney, with Raftelis Financial Consulting (Raftelis) for a not to exceed amount of $49,730 through December 31, 2027, for professional services required for an Annual Water Rate and Pass Through Analysis and Financial Plan Review.

(This item did not originate in Committee as it is a continuation of Ordinance 3028 approved by the City Council on May 16, 2023.)

7. Police Department
SUBJECT: Resolution No. 15,771 Commending Sergeant Daniel Shrubb for over Twenty-Six Years of Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt a resolution commending Daniel Shrubb for over twenty-six years of outstanding service to the City of Oxnard Police Department.

8. Finance Department
SUBJECT: Amendment to External Auditor Agreement for Annual Auditing Services.

RECOMMENDATION: That City Council approve and authorize the Mayor to execute the Second Amendment to Agreement A-8223 with Eadie + Payne, LLP, to increase the amount by $62,700, for a total amended not-to-exceed amount over 5 years of $1,157,800 for FY 2022-23 and FY 2023-24 Annual Comprehensive Financial Reporting (ACFR)/Single-Audit/Ancillary Assistance.

It was moved by May or Pro Tem MacDonald, seconded by Councilmember Valenzuela, to approve the Information/Consent items as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; the motion passed 7-0.

L. REPORTS

1. Public Works Department
57 APRIL 16, 2024 OXNARD CITY COUNCIL PAGE 6

SUBJECT: Adoption of Ordinance No. 3043 Establishing New Solid Waste Rates and Fees.

RECOMMENDATION: That the City Council:

1. Adopt Ordinance No. 3043 entitled "Ordinance of the City Council of the City of Oxnard to Establish New Solid Waste Rates and Fees for Customer Use and Service from the City’s Environmental Resources Division;" and

2. Find that CEQA does not apply to this ordinance pursuant to Public Resource Code sections 21080(b)(8) and 21083 in conjunction with the exemption listed in Title 14 California Code of Regulations section 15273.

(This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on March 19, 2024.)

Michael Wolfe, Public Works Director was available to answer questions. No public comments were received.

It was moved by Councilmember Teran, seconded by Councilmember Perello , to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

2. Public Works Department
SUBJECT: Agreement 32500002 with JAS Landscape LLC for Landscape Maintenance Services within Community Facilities District No. 4.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with JAS Landscape, LLC in the amount not to exceed $2,721,267 for the maximum five-year term of the Agreement, with the initial agreement term ending June 30, 2025, after which the Agreement may be extended for four additional one-year terms with a fully extended final term ending on June 30, 2029, for landscap e maintenance
services within Community Facilities District No. 4.

(Public Works and Transportation Committee approved 3-0 on March 26, 2024.)

Steve Howlett, Assistant Public Works Director and Anthony Miller, Special Districts Manager presented and answered questions. Written comments were received from Dave Copper, Seabridge Treasurer and Arthur Bierman, Seabridge Resident.

It was moved by Councilmember Perello, seconded by Councilmember Valenzuela, to approve the recommended action. VOTE: MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0-1. Councilmember Basua recused from voting on this item due to a family relationship with the vendor.

3. City Manager Department
SUBJECT: ERP Annual Report and Seventh Amendment to Agreement with Kreative 58 APRIL 16, 2024 OXNARD CITY COUNCIL PAGE 7

Core Technologies.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute a Seventh Amendment to the Professional Services Agreement with Kreative Core Technologies Corp (9431-21-FN) in the amount of $5,300,000 for a new not to exceed contract amount of $10,020,000, and to extend the term for a year to December 31, 2025, for project management services related to the discovery, documentation, implementation, stabilization and ongoing IT support for all phases of the City’s multi-year enterprise resource planning (ERP) implementation, as well as some additional IT non-ERP projects;

2. Approve $200,000 of new Transfer Out Appropriations in the General Fund (101) and corresponding Transfer In Revenues in the Capital Outlay Fund (301) in regard to additional ERP related costs anticipated in Fiscal Year 2023-24; and

3. Receive and file the ERP system annual report.

(The Finance and Governance Committee approved 3-0 on March 26, 2024.)

Shiri Klima, Deputy City Manager presented and answered questions. No public comments were received.

It was moved by Councilmember Perello, seconded by Councilmember Valenzuela, to approve the recommended action. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 7-0.

M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 7:20 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

59 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2

DATE: May 7, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Agreement 32400386 with Craftwater Engineering, Inc. for Consulting Services for Channel Island Harbor Water Quality Feasibility Study and Implementation Plan.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute Agreement 32400386 in the amount not to exceed $735,902 for a three-year term, ending from the effective date of the Agreement, for Consulting Services for the Channel Island Harbor Water Quality Feasibility Study and Implementation Plan.

(Public Works and Transportation Committee approved 3-0 on April 23, 2024.)

BACKGROUND

The Special Districts Division of the Public Works Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts, including bonded and non-bonded Community Facilities Districts (“CFDs”), Landscape Maintenance Districts (“LMDs”), Waterways Maintenance Assessment Districts (“WADs”), and a Maintenance Assessment District (“MAD-4”). Each of these Special Districts has specific individual authorized services and improvements, including, but not limited to: park landscapes, open spaces, parkways, medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains. Properties within each District are assessed through an annual parcel charge for the purposes of maintaining the improvements and other authorized services within their District.

The Channel Islands Harbor is an artificial harbor with abutting commercial and residential developments that include Seabridge CFD, Westport CFD, Mandalay Bay WAD-Zone 1, and Harbour Island WAD-Zone 2. The abutting sections of the harbor would not be present absent these developments occurring. As specified in the Formation Documents, water quality remediation services are authorized services for each of the Harbor Districts; however, the City Council has previously authorized American Rescue Plan Act (“ARPA”) funding for this Agreement.

In June 2018, an algal bloom occurred in the Harbor. The bloom was followed by widespread low levels of dissolved oxygen in the water. This is presumably related to the bacterial decomposition of algae during warm weather conditions.

The bloom and subsequent low oxygen event may have been caused by the changes in the Harbor water circulation that occurred after the Mandalay Power Generating Station was decommissioned on March 29, 2018, as mandated by the California State Water Resources Control Board.

Since then, the City of Oxnard (“City”), the County of Ventura (“County”), and residents of the Channel Islands Neighborhood Council (“CINC”) have organized efforts to address water quality issues in the Harbor.

Water quality data is needed to identify key contaminants and the sources of the contamination within the Harbor. To begin this testing, the Los Angeles Regional Water Quality Control Board (“LARWQCB”) required the development of a Quality Assurance Project Plan (“QAPP”) describing the key stakeholders, sampling methods and locations, sample analysis, parameters for volunteer sample collection, quality assurance, and goals of the project. A critical component of 60 these efforts is volunteers from CINC performing the water sampling that includes the mobilization of volunteers, schedule coordination with contract laboratories, and data collection and reporting.

On September 24, 2021, December 7, 2021, and March 29, 2022, the City Council approved funding totaling $1,300,000 from the American Rescue Plan Act (“ARPA”) to address harbor water quality, including the development of a feasibility study and implementation plan.

On September 19, 2023, the County’s Board of Supervisors approved $1,300,000 in matching funds for ongoing Harbor water quality remediation efforts, personnel costs, procuring of services and materials, conducting environmental reviews, obtaining permits or approvals, and conducting project management with cost tracking.

Craftwater Engineering, Inc. (“Craftwater”) specializes in providing a full spectrum of stormwater program management and consulting services. This firm was the Countywide Watershed Management Programs consultant in collaboration with the City and County.

DISCUSSION

The Purchasing Department released a Request for Proposals (“RFP”) PW24-48 (Attachment 2) for Consulting Services for the Channel Island Harbor Water Quality Feasibility Study and Implementation Plan on November 7, 2023, with a proposal due date of December 7, 2023. The RFP received a total of two (2) proposals - one from Craftwater Engineering Inc. (Attachment 3) and one from Anchor QEA.

The proposals were reviewed by the Purchasing Division (Buyer), the Special Districts Division (Manager, Project Manager, and Administrative Services Analyst), the Wastewater Division (Senior Wastewater Environmental Specialist), and two volunteers of the CINC Marine Advisory Committee. The determination is that Craftwater meets the requirements of the solicitation scoring criteria that is listed in RFP PW24-48. The evaluation method consisted of the following:

1. Completeness of the response.

2. Capability, qualifications, & experience of the firm and sub-consultants.

3. Organization and approach to the work.

4. Scope of services to be provided.

5. Schedule of work.

6. Conflict of interest statement.

7. References.

Staff has confirmed that Craftwater meets all required City contractual provisions, including possession of a City business, tax certificate, insurance certificates, and corporate filings with the California Secretary of State. Based upon the available information, research performed to date, and past services provided by the company to the City, staff believes that the contractor is capable of satisfactorily providing the necessary services.

Services to be completed by the Contractor are categorized as follows:

1. Project Management. Consultant shall provide overall project management, including engagement with the City, County, and stakeholders, facilitation of public meetings, and quality assurance/quality control of all deliverables. Stakeholder engagement is emphasized throughout all aspects of this project.

2. Data Collection of all current information, Site Visits, and Preliminary Investigations. Consultant shall review the current data sets, studies, and reports, in addition to resident and stakeholder input as needed to understand project issues.

3. Problem Definitions Statement, Goals, and Objectives. Consultant shall use the Basin Plan and Harbor-specific data to determine water quality objectives, prepare a gap analysis, and provide a technical report of findings.

4. Identification of Mitigation Strategies. Consultant shall utilize modeling packages, compile potential mitigation strategies, controls, costs, and other long-term factors such as maintenance costs. Consultant shall provide a report of potential mitigation strategies.
61 5. Mitigation Strategies Analysis Report. Consultant shall provide both a draft and a final report summarizing the findings, demonstrating the strategies of the feasibility and performance, identifying permit requirements, environmental documentation requirements, cost estimates, schedules for implementation, a recommendation for a Lead Agency, long-term maintenance considerations, and potential funding opportunities.

6. Development of an Implementation Plan.

All services provided will be based on available funding. As with all other on-call services, Craftwater will only be compensated for those services that they actually provide. It should be noted that the cost of this work, while necessary, represents over 29% of the ARPA/County funds assigned for harbor water quality issues. While these consultant services are necessary, any physical solution is likely to cost more than the remaining ARPA/County funds. As such, additional funding will be recommended and discussed with the City Council when appropriate.

Agreement 32400386 with Craftwater (Attachment 1) is a new stand-alone Professional Services Agreement and not an extension of the previous Agreement or Amendments for the Countywide Watershed Management Programs.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

The total cost of this Agreement with Craftwater shall not exceed $735,902 over its three-year term. The estimated spending plan for the remainder of Fiscal Year 2023-24 is $122,650 commencing after May 7, 2024. Additionally, the Special District’s personnel shall code time spent working on this Agreement to the ARPA (G2232 and M2211) Projects.

Refer to Attachment 5 (Special Districts Agreement 32400386 Cost Breakdown) for the full estimated account breakdown. Please note that all amounts have been rounded to the nearest whole number.

There is no impact on the General Fund or any Special District funds. Staff’s recommendation to use ARPA funds for this specific scope of work should not be construed as staff’s recommendation of, or setting a precedent for, the priority uses of funds for future harbor water quality contracts and costs.

Funding Source Fund Amount
ARPA - Harbor Area Water Quality
Feasibility Study (G2232)
2043801-53200-
G2232
$300,000
County of Ventura - Harbor Area Water
Quality Feasibility Study (G2232)
1013801-53200-
G2232
$300,000
Lost PS Revenue - Harbor Water Quality
Mitigation Fund (M2211)
3203801-53200-
M2211
$135,902
TOTAL $735,902

COMMITTEE OUTCOME

At the April 23, 2024 Public Works and Transportation Committee (PWTC) meeting, the recommendation as written on the PWTC agenda item was modified in Chair Perello's motion per the request of the City Attorney's office before the PWTC approved the item 3-0. The recommendation, as modified, to forward the item to the City Council for review and approval is reflected in this report.
62 Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32400386 Craftwater Feasibility Study

2. RFP #PW24-48 Packet

3. RFP PW24-48 Craftwater Tech Proposal and Appendices

4. City of Oxnard Special Districts Map

5. City of Oxnard Special Districts List

63 AgreementNo.32400386
CONSULTANT/PROFESSIONALSERVICESAGREEMENTBETWEENTHECITYOFOXNARDANDCRAFTWATERENGINEERING,INC.

ByThisConsultant/ProfessionalServicesAgreement(“Agreement”),theCITYofOxnard(“CITY”)agreesto engagetheservicesof CraftwaterEngineering,Inc.(“CONSULTANT”),andCONSULTANTagreestoperformtheservicesforCITYashereindescribed,forthecompensation,duringtheterm,andotherwisesubjecttothecovenantsandconditionshereinsetforth.CITYandCONSULTANTmaybeindividuallyreferredtoas“Party”orcollectivelyasthe“Parties.” RECITALS:

WHEREAS,theCityissuedaRequestforProposals(the“RFP”)forProjectPW24-48seekingConsultant/ProfessionalServicestoprovideDesignServicesforChannelIslandsHarborWaterQualityFeasibilityStudyandImplementationPlan;and WHEREAS,ConsultantsubmittedaproposaldatedDecember6,2023(the“Proposal”)inresponsetotheRFPwhichtheCityhasreviewedandevaluatedinaccordancewiththestandardssetforthintheRFP;and WHEREAS,theCitydesiresatthistimetoimplementtheChannelIslandsHarborWaterQualityFeasibilityStudyandImplementationPlan;and WHEREAS,Consultantrepresentsthatitisfullyqualifiedandlicensedtoperformtheconsultingand/orprofessionalservicesrequiredforperformanceunderthisAgreementbyvirtueofitsexperienceandthetraining,education,andexpertiseofitsprincipalsanditsemployees;and NOWTHEREFORE,INCONSIDERATIONOFTHECOVENANTS,CONDITIONS,ANDPROMISESCONTAINEDHEREINANDFORSUCHOTHERGOODANDVALUABLECONSIDERATION,RECEIPTOFWHICHIS HEREBYACKNOWLEDGED,THEPARTIESHERETOAGREEASFOLLOWS:

1. TheRecitalssetforthabovearetrueandcorrectandtogetherwithanydefinitionssetforththereinareherebyincorporatedintothisAgreementbythisreference,asthoughsetforthfullyherein.

2. SUMMARY DESCRIPTIONOFSERVICES.ConsultingServicesforChannelIslandHarborWaterQualityFeasibilityStudyandImplementationPlan.

3. PARTIES.
1 64
Agreement No. 32400386
CITY of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 CraftWater Engineering, Inc. (“CONSULTANT”), a corporation/LLC/LLP of the State of California, located at 401 W A St, Suite 200, Office 87, San Diego, California 92101

4. TERM OF AGREEMENT : From (Date): June 1, 2024 To (Date): May 31, 2027.

4.1 Time is of the essence in this Agreement.

4.2 The CITY shall have the option for (1) consecutive (1) one-year extension, in accordance with the scope of work and general terms and conditions of the Consultant/ Professional Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.

4.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the CONSULTANT in accordance with Section 12 of this Agreement. CONSULTANT shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.

4.4 All services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

5. AGREEMENT AMOUNT NOT TO EXCEED: $735,902.00.

6. AGREEMENT EXHIBITS.

The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Federal Funding / Grant Requirements Rider
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy

7. DESIGNATED REPRESENTATIVES.
2 65
AgreementNo.32400386
TheDesignatedRepresentativeslistedbelowshallbeauthorizedtoactonbehalfof thenamedParty, beresponsiblefornegotiationsandcontractualmatters,andcoordinatewitheachothertoperformtheservicesunderthisAgreement.Additionally,CONSULTANT’s servicesshallbe performedor immediatelysupervisedby theCONSULTANT’sRepresentative:CITYDesignatedRepresentative:CONSULTANTDesignatedRepresentative:Name:SarahRowley Name:BradWardynskiTitle: AdministrativeServicesAnalyst Title: VicePresidentPhone:805-200-5344 Phone:213-393-2392Email:[email protected] Email:[email protected](ifdiffersfromabove): MailingAddress(ifdiffersfromabove):1060PacificAve,Bldg1Oxnard,California93030

8. CONTRACTUALPREREQUISITES.

8.1 ThisAgreementmustfirstbeexecutedbytheCONSULTANT,afterwhichtheAgreementshallbeapprovedastoformbytheCityAttorney,thenexecutedbytheMayor,oranauthorizedpersononbehalfoftheCITY,andifexecutedbytheMayorshallalsobeexecutedbytheCityClerk.

8.2 CONSULTANTisadvisedthatanyrecommendationforAGREEMENTawardisnotbindingonCITYuntiltheAGREEMENTisfullyexecutedandapprovedbyCITY.

8.3 A requestformodificationof theterms,priorto executionof theAgreement,mustbe madein writingandpresentedto theDesignatedRepresentativeoftheCITYpriortothetimethisAgreementisexecuted.

8.4 AllproofofaCitytaxcertificate,insurance,andW-9formsisrequiredpriortoexecutionofthisAgreement.

8.5 CONSULTANTshallnotperformanyworkunderthisAgreementuntilaproofofinsurancehasbeenprovidedtotheCityasrequiredunderSection24ofthisAgreement.

9. CONSULTANT'SSERVICES.

9.1CONSULTANTshallperformthetasks,obligations,andservicessetforthinthe“ScopeofServices,”attachedtoandincorporatedintothisAgreementas“ExhibitA.”OncethisAgreementisexecuted,theScopeofServicesmayonlybemodifiedbywrittenAmendmentpursuanttoSection13ofthisAgreement.

9.2TheServicesshallbecoordinatedwiththedesignatedCityProjectManagersetforthinExhibitAsubjecttothedirectionoftheCityManagerorDepartmentDirector.CONSULTANTherebydesignatesitsProjectManagerassetforthin 3 66
AgreementNo.32400386
“ExhibitA”asthepersonresponsiblefortheServiceswhoshallcoordinatewithCity’sProjectManagerinexecutingthescopeofservicesunderthisAgreement.

10. COMPENSATION.

CITYshallpayCONSULTANTfortheservicesperformedpursuanttothetermsofthisAgreementinthetimeandmannersetforthinthe“ScheduleofCompensation,”attachedtoandincorporatedintothisAgreementas“ExhibitB.”CITYshallpayCONSULTANTanamountnottoexceedtheamountislistedinSection5ofthisAgreement.OncethisAgreementisexecuted,theScheduleofCompensationmayonlybemodifiedbywrittenAmendmentpursuanttoSection13ofthisAgreement,andmaybesubjecttoapprovalbytheCityCouncil.

11. PAYMENT&INVOICES.

TheCITYshallpayallundisputedportionsofanyapplicableinvoicewithinthirty(30)daysafterreceiptofaninvoice.IntheeventtheCITYdisputesoneormoreitemsinaninvoice,theCITYshall,withinthirty(30)daysafterreceiptofsuchinvoice,notifytheCONSULTANToftheitem(s)beingdisputedandthereason(s)therefore.TheCITYmaywithholdpaymentforsuchdisputeditemsuntilresolutionofthedispute.

11.1 PaymentRequest.CONSULTANTshallsubmitapaymentrequesttoCITYbytheendofeachcalendarmonthlistingtheServicesprovided,costsofthoseServices,andtotalamountdueforthemonth.Invoicesmaybeemailedto:[email protected].

11.2 Non-Appropriationof Funds.PaymentstobemadetoCONSULTANTbyCITYfortheServicesperformedwithinthecurrentfiscalyeararewithinthecurrentfiscalbudgetandwithinanavailable,unexhaustedandunencumberedappropriationofCITY. IntheeventCITYdoesnotappropriatesufficientfundsforpaymentoftheServicesbeyondthecurrentfiscalyear,thisAgreementshallcoverpaymentfortheServicesonlyuptotheconclusionofthelastfiscalyearinwhichCITYappropriatedsufficientfundsandshallautomaticallyterminateatthatfiscalyear’sconclusion.

11.3 CONSULTANT’s acceptanceoffinalpaymentmadepursuanttothisAgreementshallconstituteareleaseofCITYfromallclaimsandliabilitiesforcompensationtoCONSULTANTforanythingcompleted,finishedorrelatingtotheServices.CITY’spaymentshallnotconstitutenorbedeemedareleaseoftheresponsibilityandliabilityofCONSULTANTfortheaccuracyandcompetencyoftheinformationprovidedand/ortheServicesperformedhereunder,norshallsuchpaymentbedeemedtobeanassumptionofresponsibilityorliabilitybyCITYforanydefector errorin theServicesperformedbyCONSULTANTanditsemployees,agentsandsubcontractedconsultants. 4 67
AgreementNo.32400386

11.4 CONSULTANTshallprovideCITYwithacompletedRequestforTaxpayerIdentificationNumberandCertification,asissuedbytheInternalRevenueService.IfanysalestaxisduefortheServicesperformedbyCONSULTANTormaterialsorproductsprovidedtoCITYbyCONSULTANT,CONSULTANTshallpaythesalestax.CITYshallnotreimburseCONSULTANTforsalestaxespaidbyCONSULTANT.

12. OPTIONTOEXTENDAGREEMENT.

WhenintheCITY’sbestinterest,thisAgreementmayonlybeextended,iftheCityinitsdiscretionexercisestheoptiontoextendpursuanttoSection3.2and3.3oftheAgreement.Theinitialterm,plusanyoptiontoextend,shallnotexceedatotaloffive(5)years.If nooptiontoextendtheAgreementappearsinsections3.2,thenthisAgreementshallnotbeextended.

13. MODIFICATIONOFAGREEMENT.

ThisAgreementmaybeamended,modified,orotherwisealtered,oritsprovisionswaived,onlyuponmutualconsentofthePartiesbywrittenamendment,andasauthorizedbytheOxnardCityCode,Sections4-59and4-60.

14. TERMINATIONOFAGREEMENT.

CITYmayterminatethisAgreementatanytime,withorwithoutcauseandwithoutpenalty,uponfifteen(15)calendardays’priorwrittennoticepursuanttoSection22ofthisAgreement.Suchterminationshallbeeffectiveonthedatespecifiedinthenotice,orifnodateisspecified,thenfifteen(15)calendardaysfromthedateofthenotice.CITYshallbeliabletoCONSULTANTonlyforworkdonebyCONSULTANTuptoandincludingthedateofterminationofthisAgreementunlesstheterminationisforcause,inwhicheventCONSULTANTneedbecompensatedonlytotheextentrequiredbylaw. CONSULTANTmayterminatethisAgreementatanytimeduringthetermoftheAgreementbygivingtheCITYsixty(60)calendardays’priorwrittennotice.

15. FEDERALFUNDING/GRANTREQUIREMENTSRIDER.

ThisAgreementandassociatedScopeofWorkwasbeingfundedinwholeorinpartwithfederalassistanceundertheAmericanRescuePlanAct(the“ARPA”)Pub.L.No.117-2(March11,2021);specifically,Sections602and603oftheSocialSecurityAct(the“Act”)asaddedbySection9901oftheARPA,whichestablishedtheCoronavirusStateandLocalFiscalRecoveryFunds(the“CSLFRF”).AfederalFunding/GrantsRequirementRiderisattachedhereto[initsentirety]asExhibitDandincorporatedhereinbythisreference.ConsultantshallcomplywithallrequirementsandprovisionofExhibit“D”.

16. INDEPENDENTCONTRACTOR.
5 68
AgreementNo.32400386
CONSULTANTisandshallatalltimesremain,astoCITY,awhollyindependentcontractor.NeitherCITYnoranyofitsemployeesoragentsshallhavecontrolovertheconductofCONSULTANToranyofitsemployees,exceptasstatedinthisAgreement.CONSULTANThasandshallretaintherightto exercisefullcontrolovertheemployment,direction,meansofperformance,location,compensationanddischargeofallpersonsassistingCONSULTANT. ThisAgreementshallnotbeinterpretedtopreventorprecludeCONSULTANTfromrenderinganyservicesforCONSULTANT’s ownaccountortoanyotherpersonorentityasCONSULTANTinitssolediscretionshalldetermine;provided,however, thatperformingsuchservicesshallnotmateriallyinterferewiththeServicestheCONSULTANTshallperformfortheCITY.TheCITYretainstherighttoprovidegeneralinstructionstoandobservetheCONSULTANTintheperformanceofallservicesdoneonbehalfoftheCITY.

CONSULTANTanditsemployees,subconsultants,andagentshavenoauthority,expressorimplied,toactonbehalfofCITYinanycapacity,toincuranydebt,obligationorliabilityonbehalfofCITY,bindCITYinanymanner,orotherwiseactonbehalfofCITYasanagent.CONSULTANTanditsemployeesarenotemployeesofCITY.CONSULTANTanditsemployeesarenotentitledtoreceivefromCITYanyofthebenefitsorrightsaffordedemployeesofCITY,includingbutnotlimitedtoreserveleave,sickleave,vacationleave,holidayleave,compensatoryleave,PublicEmployeesRetirementSystembenefits,andhealth,life,dental,long-termdisabilityandworkers’compensationinsurancebenefits.CONSULTANTshallnot,atanytimeorinanymanner,representthatitoranyofitsagents,subconsultants,oremployeesareinanymanneragents,subconsultants,oremployeesofCITY.

17. LAWFULPERFORMANCE.

CONSULTANTshallabidebyallFederal,State,andLocalLawsandRegulationsasmayberelatedtotheperformanceofdutiesunderthisAgreement.CONSULTANT,atitssoleexpense,shallobtainandmaintainduringthetermofthisAgreement,allappropriatepermits,licenses,andcertificatesthatmayberequiredinconnectionwiththeperformanceofservicesunderthisAgreement.

18. SAFETYREQUIREMENTS.

CONSULTANTshallnotperformanyservicesfor theCITYwhentheCONSULTANTis impairedbyalcoholora controlledsubstance.Whenthereisreasonablecausetobelievethatanypersonhasviolatedthisprovision,thatpersonshallbeimmediatelyremovedfromthepremisesandbesubjecttoanyapplicableciviland/orcriminalpenaltiesundertheCITY’sCodeand/orunderstatelaw. AllworkperformedunderthisAgreementshallbeperformedinsuchamannerastoprovidesafetytothepublic.TheCITYreservestherighttoissuerestrainingorceaseanddesistorderstoCONSULTANTwhenunsafeorharmfulactsareobservedorreportedrelativetotheperformanceoftheworkunderthisAgreement.TheacceptanceofCONSULTANT'sworkbyCITYshallnotoperateasareleaseoftheCONSULTANTfromsuchstandardofcareandworkmanship. 6 69
AgreementNo.32400386

19.STANDARDOFPERFORMANCE;WARRANTY.

19.1ConsultantagreestoperformallservicesrequiredbythisAgreementinaprofessionalandcompetentmanner, in accordancewiththedegreeofskillanddiligencewhichisnormallyemployedbyreputableprofessionalsperformingsimilarservicesundersimilarconditionsinthesameorsimilarlocality.Suchservicesshallalsobeperformedin a mannerwhichis reasonablysatisfactorytoCITYPROJECTMANAGER,orhisdesignee(hereinafterthe“ProjectManager”),providedthatdiscretionindeterminingwhatissatisfactoryshallnotaltertheforegoingstandardofcare.

19.2InaccordancewiththestandardofcaresetforthinthefirstsentenceofSection19.1,theConsultantagreesthatit:
(1)Hasthoroughlyreviewedandconsideredtheservicesandworktobeperformed;(2)Hasreviewedtheissuesregardingthescopeofservicestobeprovided;(3)Hascarefullyconsideredhowtheservicesandrelatedworkshouldbeperformed;and(4)Fullyunderstandsthefacilities,difficultiesandrestrictionsassociatedwithperformanceoftheservicesrequiredbythisAgreement.

20. OWNERSHIPOFCONSULTANT’SWORKPRODUCT, CONFIDENTIALITY&DISCLOSURE.

CITYshallbetheownerofanyandalltechnicaldocumentsandrecords,including,computations,plans,correspondence,and/orotherpertinentdataandinformation,bothhardcopyandelectronic,gatheredorpreparedbyCONSULTANTinperformanceofthisAgreementandshallbeentitledtoimmediatepossessionofthesameuponcompletionoftheworkunderthisAgreement,oratanyearlierorlatertimewhenthesamemayberequestedbyCITY.

20.1.RecordsandInspections.TheCONSULTANTshallmaintainfullandaccuraterecords,withrespecttoallservicesandmatterscoveredunderthisAgreement.Booksandrecordspertainingtocostsshallbekeptandpreparedinaccordancewithgenerallyacceptedaccountingprinciples.TheCITYshallhavefreeaccessatallreasonabletimestosuchrecords,bothhardcopyandelectronic,andtherighttoexamineandauditthesameandtomaketranscriptstherefrom,andto inspectallprogramdata,documents,proceedings,andactivities.

20.2.Deliverables.CONSULTANTshalldelivertotheCITYthestudies,plans,specifications,orotherdocumentsasareidentifiedintheScopeofServices;andCONSULTANTshall,uponcompletionof all workor terminationof thisAgreement,submittotheCITYallinformationdevelopedinthecourseoftheCONSULTANT'sservices.CONSULTANTshall,insuchtimeandinsuchformas 7 70
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theCITYmayrequire,furnishreportsconcerningthestatusofservicesrequiredunderthisAgreement.CONSULTANTshall,uponrequestbyCITYanduponcompletionorterminationofthisAgreement,delivertotheCITYallmaterialfurnishedtoCONSULTANTbytheCITY.

20.3.Ownership– Generally. Allinventions,discoveries,enhancements,changes,orimprovementsofcomputerprogramsdevelopedpursuanttothisAgreementshallbethepropertyoftheCITY,andallpatentsorcopyrightsshallbeassignedtotheCITY,unlessotherwiseagreed.CONSULTANTagreesthatCITYmaymakemodificationstocomputersoftwarefurnishedbyCONSULTANTwithoutinfringingCONSULTANT’s copyrightoranylicensegrantedtoCITY,unlessotherwiseagreed.

20.4.Ownershipof Documents.Everyreport,draft,workproduct,map,record,andotherdocumentreproduced,prepared,orcausedtobepreparedbytheCONSULTANTpursuanttoorinconnectionwiththisAgreementshallbetheexclusivepropertyoftheCITY.

20.5.Confidentiality.Informationthatisexemptfromdisclosuretothepublicisconfidential.Thisincludesinformationrelatingtothepast,present,orfutureaffairsoftheCITYorinformationbelongingtoathirdpartywhoseinformationisin theCITY’s possessionor controlunderobligationsof confidentiality.CONSULTANTmaybegrantedaccesstoinformationthatisexemptfromdisclosuretothepublic(GovernmentCodeSection7920.505)andmaycontain“tradesecrets”(seeGovernmentCodeSection7924.510(f))whenitisnecessaryforCONSULTANTtoperformitsobligationspursuanttothisAgreement.IfCONSULTANTisgrantedsuchaccesstoconfidentialinformation,CONSULTANTshallnotbeconsideredtobeamemberofthepublicasthattermisusedinGovernmentCodeSection7920.515.

20.6.DisclosureofInformation.CONSULTANTshallnotdisclose,publish,orauthorizeotherstodiscloseorpublish,designdata,drawings,specifications,reports,orotherinformationpertainingtotheprojectsassignedtoCONSULTANTbytheCITYorotherinformationtowhichtheCONSULTANThashadaccessduringthetermofthisAgreementwithoutthepriorwrittenapprovaloftheCITY’sDesignatedRepresentativeduringthetermofthisAgreementandforaperiodoftwo(2)yearsaftertheterminationofthisAgreement.

20.7. NoWarranty. OtherthananobligationupontheCITYtodealingoodfaith,theCITYmakesnowarrantiesandshallbearnoliabilityorresponsibilityforerrorsor omissionsin anyConfidentialInformationdisclosedunderthisAgreementorforanybusinessdecisionsmadebyCONSULTANTinrelianceonanyConfidentialInformationdisclosedunderthisAgreement.

21. NOTICEOFBREACHANDOPPORTUNITYTOCURE.
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NeitherPartywillbeinbreachofthisAgreementwherethebreachiscapableofbeingcured,oruntilwrittennoticeofthebreachisreceivedfromthenon-breachingParty. ThePartychargedwithbreachwillhavefifteen(15)calendardaysfromthedateofreceivingsuchnoticeinwhichtocurethebreachorotherwiserespond.IfthecircumstancesleadingtothechargethattheAgreementwasbreachedhavenotbeencuredorexplainedtothesatisfactionoftheotherPartywithinfifteen(15)daysfromthedateonwhichthebreachingPartyreceivednoticeofbreach,thenon-breachingPartymayterminatethisAgreement.NoticeshallbegiveninthemannersetforthinSection22.

22. NOTICE.

AllnoticesgivenorrequiredtobegivenpursuanttothisAgreementshallbeinwritingandmaybegivenbypersonaldeliveryorbyfirst-classmail.NoticesentbymailshallbeaddressedtoeachParty’sDesignatedRepresentativeassetforthaboveinSection7. WhenaddressedinaccordancewiththisSection,suchnoticeshallbedeemedgivenupondepositintheUnitedStatesmail,postageprepaid.Inallotherinstances,noticesshallbedeemedgivenatthetimeofactualdelivery. ChangesmaybemadeinthenamesoraddressesofpersonstowhomnoticesaretobegivenbygivingnoticeinthemannerprescribedinthisSection.

23. INDEMNIFICATION,HOLDHARMLESS&DEFENSE.

23.1ExceptassetforthinSubsection23.3ofthisSection23,andtothefullestextentpermittedbylaw, Consultantshallimmediatelydefend,indemnify,andholdharmlesstheCity,itsofficers,employees,representatives,(butnotincludingtheCity’sconstructioncontractorsorotherconsultants)andagents(the“CityIndemnitees”),fromandagainstthoseactions,suits,proceedings,claims,demands,losses,costs,andexpenses,includinglegalcostsandreasonableattorneys’fees,foranypersonalinjuries,deaths,orpropertydamage,includingpropertyownedbytheCity(collectively“Claims”)whichmayariseoutofConsultant'snegligenceorwillfulmisconductintheperformanceoftheservicesdescribedinthisAgreement,unlesssuchClaimsareproventobecausedbythenegligenceorwillfulmisconductoftheCityIndemnitees.

23.2 The dutyto defendis a separateanddistinctobligationfromCONSULTANT’sdutytoindemnify. CONSULTANTshallbeobligatedtodefendin alllegal,equitable,administrative,orspecialproceedings,withcounselapprovedbytheCITYAttorney,immediatelyupontendertoCONSULTANToftheclaiminanyformoratanystageofanactionorproceeding,whetherornotliabilityisestablished.IfitisfinallyadjudicatedthatliabilitywascausedbythenegligenceorwillfulmisconductofanyoftheIndemnitees,CONSULTANTmaysubmitaclaimtoCITYforreimbursementofreasonableattorneys’feesanddefensecosts.23.3 TheprovisionsofthisSubsection23.3applyonlyintheeventthatConsultantisadesignprofessionalwithinthemeaningofCaliforniaCivilCode 9 72
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section2782.8(“DesignProfessional”).ThetermDesignProfessional,asdefinedinsaidsection,islimitedtolicensedarchitects,licensedlandscapearchitects,registeredprofessionalengineers,professionallandsurveyors,andthebusinessentitiesthatoffersuchservicesinaccordancewiththeapplicableprovisionsoftheCaliforniaBusinessandProfessionsCode.

23.3.1NotwithstandingtheprovisionsofSubsectionaabove,totheextentthattheservicestobeprovidedunderthisAgreementarethoseofaDesignProfessional,Consultant'sdutytoindemnify,holdharmless,anddefendtheCityIndemniteesshallbelimitedtotheextentthatanyClaimsariseoutof,pertainto,orrelatetothenegligence,recklessness,orwillfulmisconductoftheConsultant,itsofficers,agents,employeesorsubconsultantsintheperformanceoftheservicesdescribedinthisAgreement.

23.3.2InnoeventshallthecostsofdefensechargedtoConsultantexceedtheConsultant’sproportionatepercentageoffault,exceptasotherwisesetforthin saidCivilCodesection2782.8,theprovisionsof whichareincorporatedintothisAgreementbythisreference.NothinginthisSubsectionbshallbeconstruedtorequireConsultanttoprovideindemnificationforClaimscausedbytheactivenegligenceorwillfulmisconductoftheCityIndemnitees,oranyotherpartyforwhomConsultantisnotlegallyliable.

23.4TheCitydoesnotandshallnotwaiveanyrightsthatitmayhaveagainstConsultantunderthisSection,becauseoftheacceptancebytheCity,orthedepositwiththeCity,ofanyinsurancepolicyorcertificaterequiredpursuantto thisagreement.TheholdharmlessandindemnificationprovisionsofSection23,inclusiveshallapplyregardlessofwhethersaidinsurancepoliciesaredetermined to beapplicabletotheclaim,demand,damage,liability,loss,cost,or expensedescribedherein.

23.5Theobligationtoindemnifyanddefend,assetforthinthisSection23,isbindingonthesuccessors,assigns,orheirsofConsultantandshallsurvivetheexpirationoranyearlyterminationofthisAgreement.

23.6 CONSULTANTagreestopayallrequiredtaxesonamountspaidtoCONSULTANTunderthisAgreement,andtoindemnifyandholdCITYharmlessfromanyandalltaxes,assessments,penalties,andinterestassertedagainstCITYbyreasonoftheindependentcontractorrelationshipcreatedbythisAgreement.CONSULTANTshallbesolelyresponsiblefor,andshallsaveCITYharmlessfrom,all mattersrelatingto thepaymentof CONSULTANT’ssubcontractors,materialsuppliers,directors,officers,employees,agentsandrepresentatives,includingcompliancewithsocialsecurityrequirements,federalandStateincometax withholding,andall otherregulationsgoverningemployer-employeerelations,asapplicable.CITYshallhavetherighttooffsetagainsttheamountofanycompensationduetoCONSULTANTunderthisAgreementanyamountduetoCITYfromCONSULTANTasaresultofitsfailuretopromptlypaytoCITYanyreimbursementorindemnificationarisingunderthisSection. 10 73
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24. INSURANCE.

CONSULTANTshallobtainandmaintainduringtheperformanceofanyservicesunderthisAgreementtheinsurancecoverageslistedwithin“ExhibitC”,whichisattachedheretoandincorporatedhereinbythisreference,unlesstheRiskManagerwaives,in writing,therequirementthatCONSULTANTobtainandmaintainsuchinsurancecoverages.SuchinsurancemustbeissuedbyacompanysatisfactorytotheRiskManager.CONSULTANTshall,beforeperformanceofanyservicespursuanttothisAgreement,filewiththeRiskManagerevidenceofinsurancecoverageasspecifiedin“ExhibitC”.MaintenanceofinsurancecoveragesbyCONSULTANTisa materialelementofthisAgreement.CONSULTANT’SfailuretomaintainorrenewinsurancecoveragesortoproviderenewalevidenceshallbeconsideredamaterialbreachofthisAgreement.

25. LIVINGWAGEREQUIREMENTS.

DuringthetermofthisAgreement,CONSULTANTunderstandsandagreesthatifLivingWagesareapplicable,subjecttothe2002OxnardCityCouncilLivingWagePolicy,attachedas“ExhibitD”tothisAgreement,CONSULTANTwillpayand/orprovidethewagesand/orbenefitsrequiredthereintoallofitsemployeesengagedinwholeorinpartinperformingtheservicesprovidedforbythisAgreement.ThedutytopaythecorrectwageistheresponsibilityoftheCONSULTANT.

26. PREVAILINGWAGEREQUIREMENTS.

26.1.Application.ThepaymentofStateprevailingwagesasdesignatedforVenturaCountyshallapplytopublicworksprojects.However,thissectionshallnotapplytoworkperformedonapublicworksprojectoftwenty-fivethousanddollars($25,000)or lesswhentheprojectis forconstruction,alteration,demolition,installation,orrepairwork;ortoworkperformedonapublicworksprojectoffifteenthousanddollars($15,000)orlesswhentheprojectisformaintenancework.Prevailingwagesarerequiredtobepaidtoallworkers,includingsubcontractedemployees.

26.2.CompliancewithCaliforniaDepartmentofIndustrialRelations(DIR).To determineif thisAgreementis subjectto compliancemonitoringandenforcement,goto:https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3.ContractSplitting.Itisunlawfultosplit,orseparateintosmallportions,workorders,projects,purchases,orpublicworksprojectsforthepurposeofevadingtheseprevailingwagerequirements.

26.4. UseofPrevailingWagesvs.LivingWages.IntheeventthatthereisadifferencebetweentheamountofwagestobepaidundertheCITYofOxnard’s 11 74
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localLivingWagerequirementsandtherequirementsofthisprovision,thewageratethatisthehigherofthetwoshallbeapplicabletothisAgreement.ThedutytopaythecorrectwageistheresponsibilityoftheCONSULTANT.

27. [RESERVED].

28. CONFLICTOFINTEREST.

CONSULTANTcovenantsthatitdoesnothaveanyinterest,norshallitacquireanyinterest,directlyor indirectly, whichwouldconflictin anymannerwiththeperformanceofCONSULTANT’sservicesunderthisAgreement.CONSULTANTfurthercovenantsthatin theperformanceofservicesunderthisAgreement,noofficer,employeeoragentofCONSULTANThavingsuchinterestshallbeemployedbyit.IntheeventtheCITYdeterminesthatCONSULTANTmustdiscloseitsfinancialinterestsbycompletingandfilingaFairPoliticalPracticesCommissionForm700,StatementofEconomicInterests,CONSULTANTshallfilesuchForm700withtheCITYClerk’sOfficepursuanttothewritteninstructionsprovidedbytheCITYClerk.AcquisitionormaintenanceofaconflictinginterestbyCONSULTANTmayresultinterminationofthisAgreementbytheCITY.

29. SUBCONTRACTING.

If CONSULTANTrequirestheassistanceofa subcontractortorenderanyservicesunderthisagreement,ConsultantshallobtainpriorwrittenconsentfromtheCitybeforea subcontractorperformsanyservicepursuanttothisAgreement.AllsubcontractorsshallbeidentifiedinthescopeofworkattachedtothisAgreementasExhibitA.CONSULTANTis fullyresponsibleforsatisfactorycompletionofallitssubcontractors’work.Allsubcontractorsshallbeproperlylicensedandinsured;andbonded,ifapplicable.CONSULTANTshallberesponsibleforallliabilitiesregardlessofnature,type,or cause,arisingoutof or resultingfromor in connectionwithsubcontractorsperformancepursuanttothisAgreementorsubcontractorsfailuretocomplywithanyofitsobligationsinconnectionwiththisAgreement.

30. DISPUTES.

Exceptasotherwiseprovidedintheseprovisions,anydisputeconcerningaquestionof factarisingunderthisAgreement,shallbedecidedbytheCITY’sDesignatedRepresentative,whoshallreducethisdecisiontowritingandmailacopytotheCONSULTANT. ThedecisionoftheCITY’sDesignatedRepresentativeshallbefinalandconclusiveunlessCONSULTANTrequestsmediationwithinten(10)calendardays.Pendingfinaldecisionofadispute,theCONSULTANTshallproceeddiligentlywiththeperformanceoftheAgreementandinaccordancewiththedecisionoftheCITY’sDesignatedRepresentative.

31. DISPUTERESOLUTION.
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ShouldanunresolveddisputeariseoutofthisAgreement,anyPartymayrequestthatitbesubmittedtomediation.ThePartiesshallmeetinmediationwithinareasonabletimenottoexceedfortyfive(45)daysofarequest.ThemediatorshallbeagreedtobythemediatingParties.Intheabsenceofanagreementonamediator,thePartiesshalleachsubmitonenamefrommediatorslistedbytheAmericanArbitrationAssociation,theCaliforniaStateBoardof MediationandConciliation,or otheragreed-uponservice.Themediatorshallbeselectedbya“blindfold”process.ThecostofmediationshallbeborneequallybybothParties.NeitherPartyshallbedeemedtheprevailingParty.NoPartyshallbepermittedtofilealegalactionwithoutfirstmeetinginmediationandmakinga goodfaithattempttoreachamediatedsettlement.Themediationprocess,oncecommencedbyameetingwiththemediator,shalllastuntilagreementisreachedbythePartiesbutnotmorethansixty(60)calendardays,unlessthemaximumtimeisextendedinwritingbybothParties.

32. ASSIGNMENT.

ThisAgreementisfortheprofessionalservicesofCONSULTANT.AnyattemptbyCONSULTANTtoassignthebenefitsorburdensofthisAgreementwithoutthepriorwrittenapprovalofCITYshallbeprohibitedandshallbenullandvoid.CONSULTANT'sservicespursuantto thisAgreementshallbeprovidedbytheCONSULTANT’sDesignatedRepresentativeordirectlyunderhis/hersupervision,andCONSULTANTshallnotassignanotherto supervisetheCONSULTANT'sperformanceof thisAgreementwithoutthepriorwrittenapprovalofCITY, byandthroughtheCITY’sDesignatedRepresentative.

33. CAREOFWORK.

ShouldConsultantdiscoveranylatentorunknownconditionsmateriallydifferingfromthoseinherentintheservicesorasrepresentedbytheCity,ConsultantshallimmediatelyinformtheCityofsuchfactandshallnotprovideanyservices,exceptatConsultant'srisk,untilwritteninstructionsarereceivedfromtheProjectManager.

34. REPORTS.

Uponrequestby theProjectManageror asotherwiserequiredbythisAgreement,includingbutnotlimitedto,theScopeofServicessetforthinExhibit“A”,ConsultantshallprepareandsubmitreportstotheCityconcerningConsultant'sperformanceoftheservicesrequiredbythisAgreement.

35. AUDIT.

CITYshallhavetheoptionofinspecting,auditingand/orreproducingallrecordsandotherwrittenmaterials:usedbyCONSULTANTinpreparingitsbillingstoCITYasaconditionprecedenttoanypaymenttoCONSULTANT;orforotherpurposesrelatingtotheAgreement.CONSULTANTwillpromptlyfurnishalldocumentsrequestedbyCITY.Additionally,ifthisAgreementisinexcessof$10,000,theStateAuditormayexamine 13 76
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andauditCONSULTANTfora periodof3 yearsafterfinalpaymentundertheAgreement.RegardlessofwhetheraStateauditispermitted,CONSULTANTshallmaintainandpreserveallsuchrecordsforaperiodofatleast3yearsafterfinalpaymentundertheAgreementoruntilanaudithasbeencompletedandacceptedbyCITY,whicheveroccurslater.CONSULTANTshallmaintainallsuchrecordsinCITYortopromptlyreimburseCITYforallreasonablecostsincurredinconductingtheauditatalocationotherthaninCITY,includingbutnotlimitedtoexpensesforpersonnel,salaries,privateauditor,travel,lodging,mealsandoverhead.CONSULTANTshallincludeacopyofthisSectioninallcontractswithitssubcontractors,andCONSULTANTshallberesponsibleforimmediatelyobtainingthoserecordsorotherwrittenmaterialfromitssubcontractorsuponarequestbytheStateAuditorand/orCITY.

36. ADVERTISINGANDPUBLICITY.

CONSULTANTshallnotusethenameoforrefertoCITYdirectlyorindirectlyinanyadvertisement,newsrelease,orprofessionalortradepublicationwithoutpriorwrittenapprovalfromtheCITYManager.ThisSectionshallsurvivetheterminationofthisAgreement.

37. NONDISCRIMINATORYEMPLOYMENT.

CONSULTANTshallnotunlawfullydiscriminateagainstanyindividualbasedonrace,color, religionor religiouscreed,nationalorigin,ancestry, ethnicgroupidentification,primarylanguage,physicaldisability,mentaldisability,medicalcondition,geneticinformation,maritalstatus,gender, genderidentity, genderexpression,sex,sexualorientation,age,immigrationstatus,citizenshipormilitaryandveteranstatus.CONSULTANTunderstandsandagreesthatitisboundbyandwillcomplywithalllegalnondiscriminationmandates.ForeverysubcontractorwhowillperformServices,CONSULTANTshallberesponsibleforsuchsubcontractor’s compliancewiththisSection.

38. COVENANTSANDCONDITIONS.

Eachtermandeachprovisionof thisAgreementto be performedbyCONSULTANTshallbeconstruedtobebothacovenantandacondition.

39. WAIVER.

CITY’s revieworacceptanceof,orpaymentfor, workproductpreparedbyCONSULTANTunderthisAgreementwillnotbeconstruedtooperateasawaiverofanyrightsCITYmayhaveunderthisAgreementorofanycauseofactionarisingfromCONSULTANT’sperformance.AwaiverbyCITYofanybreachofanyterm,covenant,orconditioncontainedinthisAgreementwillnotbedeemedtobeawaiverofanysubsequentbreachofthesameoranyotherterm,covenant,orconditioncontainedinthisAgreement,whetherofthesameordifferentcharacter. 14 77
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40. FORCEMAJEURE.

NeithertheCONSULTANTnortheCITYshallberesponsibleforanydelaycausedbyanycontingencybeyondtheircontrol,including,butnotlimitedto,warorinsurrection,walkoutsbytheParty’sownemployees,fires,naturalcalamities,riots,ordemandsorrequirementsofgovernmentalagenciesotherthantheCITY.

41. GOVERNINGLAW.

ThetermsofthisAgreementshallbeinterpretedaccordingtothelawsoftheStateofCalifornia.Shouldlitigationoccur,venueshallbeintheSuperiorCourtofCalifornia,CountyofVentura.

42. SEVERABILITY.

IfanyportionofthisAgreementisdeclaredbyacourtofcompetentjurisdictiontobeinvalidorunenforceable,thensuchportionwillbedeemedmodifiedtotheextentnecessaryintheopinionofthecourttorendersuchportionenforceableand,assomodified,suchportionandthebalanceofthisAgreementwillcontinueinfullforceandeffectandbeenforceable.

43. INTEGRATEDAGREEMENT.

ThisAgreementandtheattachedexhibitsreferencedhereintothisAgreementrepresenttheentireunderstandingbetweentheParties.NoverbalagreementorimpliedcovenantshallbeheldtovarytheprovisionsofthisAgreement.ThisAgreementshallbindandinuretothebenefitofthePartiestothisAgreementandanysubsequentsuccessorsandassigns.

44. NOTHIRD-PARTYBENEFICIARY.

ThisAgreementshallnotbeconstruedtobeanagreementforthebenefitofanythird-partyorparties,andnothirdpartyorpartiesshallhaveanyclaimorrightofactionunderthisAgreement.

45. AUTHORITYTOEXECUTE.

EachPartyheretoexpresslywarrantsandrepresentsthatthroughitsDesignatedRepresentativeit hastheauthorityto executethisAgreementonbehalfofitscorporation,partnership,businessentity, orgovernmentalentity, andwarrantsandrepresentsthattheDesignatedRepresentativehastheauthoritytobindeachPartytotheperformanceofitsobligationshereunder.

46. EXECUTION–COUNTERPARTS.
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ThisAgreementmaybeexecutedinanynumberofcounterpartsandeachsuchduplicatecounterpartshallconstituteanoriginal,buttheyshallnotbeeffectivenorenforceableunlessanduntilitisexecutedwiththehandwrittensignatureorelectronicsignatureof anauthorizedrepresentativeof eachof therelevantParties.NocounterpartshallbedeemedtobeanoriginalorpresumeddeliveredunlessanduntilthecounterpartexecutedbytheotherPartytothisAgreementisinthephysicalpossessionofthePartyseekingenforcementthereof.

47. INCONSISTENTORCONFLICTINGTERMS.

IntheeventofanycontradictionsorinconsistenciesbetweenanyattacheddocumentsorexhibitsincorporatedbyreferencehereinandtheprovisionsoftheAgreementitself,thetermsoftheAgreementshallcontrol.Anyexhibitthatisattachedandincorporatedbyreferenceshallbelimitedtothepurposesforwhichitisattached,asspecifiedinthisAgreement.AnycontractualtermsorconditionscontainedinsuchexhibitimposingadditionalobligationsontheCITYarenotbindingupontheCITY’sDesignatedRepresentativeunlessspecificallyagreedtoinwriting,andinitiatedbyCITY’sDesignatedRepresentative,astoeachadditionalcontractualtermorcondition.

48. CAPTIONSANDHEADINGS.

Thecaptionsandheadingscontainedin thisAgreementareprovidedforidentificationpurposesonlyandshallnotbeinterpretedtolimitordefinethecontent,scope,orintentoftheprovisionsdescribedundertherespectivecaptionorheading.

49. ACKNOWLEDGEMENT.

Bysigningbelow,CONSULTANTacknowledgesthatithasreviewedtheCITY’sCONSULTANT/ProfessionalServicesAgreementtermsandconditionsandinsurancerequirementsandthatCONSULTANTherebyagreestofullcompliance. [Signaturesonnextpage]
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In witnesswhereof,thePartieshaveenteredintothisAgreementeffectiveonthedateaswritteninsection4anduponsignatureofallParties.

CITYOFOXNARD CRAFTWATERENGINEERING,INC.
☐JohnC.Zaragoza,Mayor
1 Date ChadHelmle, President Date☐JenniferYates,PurchasingManager 2 BradWardynski,
3 DateVicePresident
ATTEST:

RoseChaparro,CITYClerk Date(onlyifMayorauthorizes)
APPROVEDASTOFORM:

StephenM.Fischer,CITY DateAttorney(alwaysrequired)
3 TheCityrequiresthefollowingforanycontract:●Foracorporation,thesignaturesoftheBoardPresident,CEOorVicePresidentandoftheBoardSecretary,AssistantSecretary,CFOorAssistantTreasurer;●ForanLLC,thesignaturesofatleasttwomanagersoftheLLC(companydirectors,notlower-levelmanagers);or●Forapartnership,thesignatureofapartner.Ifthepartnershipisalimitedpartnership,thesignermustbeageneralpartner.Ifthecompanyhasadifferentstructure,oriftheabove-listedpersonsarenottheappropriatesigners,pleasesubmit totheCityAttorneylegally-bindingdocumentationstatingwhocansignandbindyourcompany. 2 ThePurchasingAgentmayexecuteanyauthorizedagreementupto$200,000. 1 TheCityCouncilmustauthorizeandtheMayormustexecuteanyagreementover$200,000. 17 80
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EXHIBITA
CONSULTANT/PROFESSIONALSERVICEAGREEMENT(CITYofOxnardandCraftwaterEngineering,Inc.)

SCOPEOFSERVICES
SarahRowley,805.200.5344,[email protected]
ScopeofWorkThisworkincludescommunityoutreach,variouspresentationsatCouncil,Board,andpublicoutreachmeetings,waterqualityanalysis,mitigationstrategies,engineeringanalysis,costbenefit-analysis,costestimating,alternativescopingandscheduling,prioritizationofalternatives,evaluationofmaintenancecosts,anddocumentation.TheCityhasengagedastakeholdergroupknownastheMarineAdvisoryCommittee(MAC)toassistwiththeoversightandinputofthisproject.Thisscopeofworkisintendedtoprovideabroadframework.However,theConsultantshalladdtasksandclarificationsasneededbasedupontheirexperienceandunderstandingofthisproject.

Task1:ProgramManagement

1.ProjectManagement.ConsultantshallcoordinatealleffortsoftheProjectTeamthatincludesrepresentativesfromvariousCityofOxnard(City)departmentsandtheMAC.TheConsultantshallfacilitateregularprogressmeetingsandprovidemonthlywrittenupdatesontheProjectstatusandbudget.

2.ProjectKick-offMeeting.AtthecommencementoftheProject,theConsultantshallfacilitatea“kick-off”meetingwiththeCitystafftodiscussthescopeandparametersoftheProject.TheConsultantshallprepareanddistributeadraftagendainadvanceofthemeetingforreviewandcommentbytheCity.TheConsultantshallprepareanddistributemeetingminuteswithinthree(3)businessdaysofthemeeting.TheConsultantshallassumetwo(2)hoursforthekick-offmeetingwithstaffmembers.

3.ProgressMeetings.ConsultantshallhostmonthlymeetingswiththeCityincludingtheMAC.TheConsultantisresponsiblefordevelopingthemeetinginformationandagendapriortothemeetingandprovidemeetingminuteswithinthree(3)businessdaysfollowingthemeeting.TheConsultantshallassumetwo(2)hoursforeachmeeting.

4.ProjectSchedule.ConsultantshalldevelopaProjectSchedulethatdetailsalltasksneededtomeetdeliverablesdescribedinthisRFP.TheProjectScheduleshallbesubmittedwiththeProposal.TheProjectScheduleshallbeupdatedaftereachProgressMeeting,aspartofthemeetingminutes,showingprogressofeachtaskonamonthlybasis.18 81 AgreementNo.32400386

5.ProjectCommunication.ConsultantshalldevelopaCommunicationsProtocoltobefollowedbyallteammembers.TheCommunicationsProtocolistobesubmittedwithinone(1)weekofstartingtheProject.Thiswillincludestandardprojectcommunicationsaswellasemergencycommunicationprotocols.

6.ProjectCoordination.Consultantshallcoordinatealltheservicesofsub-consultants,includingsitevisitsandinspections,andshallensurecoordinationwiththeCityoperations,theprojectmanager,andothernecessarystaffasoutlinedbytheCity.

7.QualityAssuranceandQualityControl(QA/QC).TheConsultantshalldevelopaQA/QCplan,tobefollowedforallsubmittals,withintwo(2)weeksofstartingtheproject.Theplanshallincludethestaffthatisresponsibleforreviewing,design,anddocumentation,aswellasthemeansforintegratingreviewcommentsfromtheCity.

8.Invoicing.TheConsultantshallsubmitmonthlyinvoicesthatincludeabreakdownofhoursworkedforeachstaffmemberworkingontheprojectandthecontributionofeachstaffmembertotheproject.Theinvoiceshouldalsoindicatethelevelofcompletionforeachtasktoensuretheconsultantiswithinbudget.AllsupportingdocumentationshallbeinaformatthatisacceptabletotheCity.InvoicesrequiringanamendmentshallbedatedaccordingtowhentherevisedinvoiceisdeliveredtotheCity.

9.PublicMeetings.TheConsultantshallfacilitate3publicmeetingsasdescribedinthisRFP.ForeachmeetingtheConsultantshallprepareanddeliveraPowerPointpresentationandtheexhibitsneededtoconductthemeetings.ThemeetingswillbeheldatCityHalloranothervenueasneeded.ThecostsofthevenueshallbebornebytheCitydirectly.Additionally,commentcards,surveys,andothermeansofseekingcommunityinputshallbepreparedanddeployedbytheConsultantforabroadrangeofpublicoutreach.

10.CityCouncilandBoardofSupervisorsPresentations.TheConsultantshallattendoneCityCouncilmeetingandoneBoardofSupervisorsmeetingdescribedintheRFP. Foreachmeeting,theConsultantshallprepareanddeliveraPowerPointpresentationandexhibitsneededtoconductthemeeting.

Task1:DELIVERABLES1.KickoffMeeting2.ProgressMeetings3.PublicMeetings4.ProjectSchedule5.QC/QAofAllDeliverables Task2:DataGathering,SiteVisits,andPreliminaryInvestigations 19 82
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TheConsultantshallreviewandassessexistingdataandreports,relativetotheProjectandconductallnecessarysitevisits,investigations,andanalysisrequiredtoidentifyandtheprojectissuesthatincludes:
● Existingandavailablerecords/reportsprovidedbytheCity/stakeholdersandresearchedbytheConsultant● Inputandinformationfromkeystakeholders ItisexpectedthattheConsultantwillutilizeavailablemappinganddeveloptheirownexhibitsasneededtocompletethedeliverables.

Task3:ProblemDefinitionStatement,Goals,andObjectives
TheConsultantshalldevelopaProblemDefinitionStatementfortheProjectbaseduponthefindingsoftheworkcompletedinTask2.

TheConsultantwillalsoidentifyandrefinetheProjectGoalsandObjectivesthatwillbeusedtoevaluatetherangeofalternativesfortheireffectivenessandpriority. TheseGoalsandObjectivesshallbedevelopedinconcertwiththeStakeholders,includingMAC.TheGoalsandObjectivesmaybebroadinscope,however,someformofperformancemetricsand/orcriteriashallbeestablishedtogaugeeachalternative.Theactualevaluationwillbedoneinasubsequenttaskbelow.

Task3:DELIVERABLES1.ProblemDefinitionStatement2.GoalsandObjectives,thatincludesperformancemetricsand/orcriteria Task4:IdentificationofMitigationStrategies
TheConsultantshalldevelopalistofpotentialMitigationStrategiesthatrespondstotheProblemDefinitionStatement,aswellastheGoalsandObjectives.Aninitialscreeningshallbedoneduringthistasktoevaluatetheviabilityandeffectivenessofeachalternativeagainsttheestablishedperformancemetricsorcriteria.

ThefollowinglistisprovidedtoinitiatedialoguefortherangeofpotentialMitigationStrategies.However,theConsultantisexpectedtoprovideotheralternativesandmodify,orclarifytheseasnecessary. NothinginthislistofMitigationStrategiesshallbeviewedasanypreferencetowardanyoneorgroupofpotentialmitigationstrategies,butrathertoprovideastartingpointforthedevelopmentofthistask.

1.AddressWaterCirculationintheHarbora.PumpingoptionfromnorthendoftheEdisonCanaltothePacificOcean20 83 AgreementNo.32400386
b.Pumpinghighresidencetimewatertoincreasecirculation

2.OptionsforNutrientSourceControla.FilternutrientandcontaminantflowintotheEdisonCanalb.Mechanicalfiltrationofall(oraportion)stormwaterflowintotheEdisonCanalc. Bio-swalesalongthedirtcanals(Doris,West5thStreet,andWooleyDrains)thatarelocatedupstreamoftheEdisonCanald.MechanicalfiltrationoftheOxnardwestdraine.Denitrifyingbioreactorsf. Captureagriculturalrunoffandre-useintheagriculturefields

3.OptionsforMechanicalFiltration(Stormwater360orsimilar)ofurbanstormwater

4.OptionsfortheDecommissionedEdisonCanala.Developengineeredwetlandsb.Fillcanalandreroutedrainagetohistoric~50acresofwetlandslocatednorthwestofFifthStandHarborBlvd.(currentlymanagedbyStateParks).

5.OtherPotentialAlternatives.

Task4:DELIVERABLES1.ListofpotentialMitigationStrategies2.HighlevelevaluationofeachstrategyagainsttheGoalsandObjectivesandviability.3.ListofrecommendedMitigationStrategies Task4b:HarborHydrodynamic&EutrophicationModeling
TheConsultantwillperformareviewofthespatialandtemporaldatasetspubliclyavailableneededtoassesstheenvironmental,meteorological,andoceanographicconditionsintheChannelIslandHarbor.Thesuccessofamodel’soutputsisstronglycorrelatedwiththequalityoftheinputdata.ThemodelwillbeusedtoevaluatedifferentalternativesunderanumberofdifferentforcingconditionstoevaluatetheimprovementofcirculationandwaterqualityintheHarbor.Thisreviewwilldetermineanddocumentallthedataavailableforthefollowingparameters:
● Waterlevels● Meteorologicalconditions(wind,atmosphericpressure)● Currents● Bathymetryandtopography● Sealevelrise Task4b:DELIVERABLES1.ListofPotentialMitigationStrategies2.TechMemoofPreliminaryEvaluationofPotentialMitigationStrategies 21 84
AgreementNo.32400386

3.ListofRecommendedMitigationStrategies
Task5:MitigationStrategiesAnalysisReport
TheConsultantshallrefinethestrategiesfromTask4,includingthefollowing:1.Scopedefinition2.IdentificationofsimilarstrategiesthathavebeendeployedelsewhereandtheevidencetomeettheProjectGoalsandObjectives3.Permitsrequired4.Environmentaldocumentationrequiredforimplementation5.Estimateofcostsincludingsoftcosts6.Anticipatedscheduleforimplementation7.IdentifytherecommendedLeadAgency8.Identifypotentialfundingsourcesandgrantopportunities Task5:DELIVERABLES1.DraftandFinalMitigationStrategiesAnalysisReport Task6:DevelopmentofanImplementationPlan
TheConsultantshallworkwiththeCityandMACtodevelopacomparativemethodologytoevaluatetheMitigationStrategiesagainsteachothertothenestablishaprioritizedlistforimplementation.Itisexpectedthattheidentifiedprioritiesmaybeagroupofprojectsthatrisetothebestvalueforimplementation,whilealsomeetingtheprojectobjectives.ThisTaskwillculminateinthedevelopmentofanImplementationPlan.

TheImplementationPlanshouldinclude,butnotbelimitedto,thefollowingcomponents:

1.EvaluationandgroupingofprioritizedmitigationstrategiesthatcouldbeimplementedtoachievetheestablishedWaterQualityGoalsandObjectives.2.Identifiedfundingsourcesthatcanbeappliedtoeachstrategyorgroupingofstrategies.3.Potentialphasingofstrategiestomatchfundingavailability.4.Identifythemethodsforevaluatingtheeffectivenessofeachphase,includingthedatathatwouldneedtobecollectedandevaluatedtodeterminesuccess.5.DevelopmentofImplementationSchedulefortheselectedgroupofstrategies6.Developmentoftheplans,specifications,andengineer’sestimateofprobablecost.7.DuringthedevelopmentoftheImplementationPlan,theConsultantshouldconductatleastonepublicmeetingtosolicitcommunityinputonthestrategiesthatarerecommendedforimplementation.Additionally,theConsultantshallconductatleastoneCityCouncilandoneBoardofSupervisorspresentationontheDraftImplementationPlan.8.TheFinalImplementationPlanmustbeapprovedbyboththeOxnardCityCouncilandtheCountyofVenturaBoardofSupervisors. 22 85
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Task6:DELIVERABLES1.DraftandFinalImplementationPlan
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Agreement No. 32400386

EXHIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Craftwater Engineering, Inc.)

SCHEDULE OF COMPENSATION
24 Task
FY24
(2 months
May-Jun 2024)
FY25 Estimated
Total Expense
(12 months Jul
2024-Jun 2025)
FY26 Estimated
Total Expense
(10 months Jul
2025-May
2026)
Estimated Total
Agreement
Expense
Task 1 - Project Management ($ 24,337.00) ($ 66,375.00) ($ 55,312.00) ($ 146,024.00) Task 2 - Data Gathering, Site Visits, & Preliminary Investigations ($ 8,600.00) ($ 23,456.00) ($ 19,546.00) ($ 51,602.00) Task 3 - Problem Definition Statement, Goals, and Objectives ($ 7,247.00) ($ 19,765.00) ($ 16,471.00) ($ 43,483.00) Task 4 - Identification of Mitigation Strategies includes Task 4b: Harbor Hydrodynamic & Eutrophication Modeling ($ 50,344.00) ($ 137,301.00) ($ 114,417.00) ($ 302,062.00) Task 5 - Mitigation Strategies Analysis Report ($ 17,156.00) ($ 46,790.00) ($ 38,991.00) ($ 102,937.00) Task 6 - Development of Implementation Plan ($ 14,966.00) ($ 40,815.00) ($ 34,013.00) ($ 89,794.00) Total Estimated Expense ($ 122,650.00) ($ 334,502.00) ($ 278,750.00) ($ 735,902.00) *Estimated Total Values are Rounded*
87 AgreementNo.32400386

EXHIBITC
CONSULTANT/PROFESSIONALSERVICESAGREEMENT(CITYofOxnardandCraftwaterEngineering,Inc.)

INSURANCEREQUIREMENTS
Priortocontractapproval,CONSULTANT/CONSULTANT/SELLER/BIDDER(hereafterreferredtoas“CONSULTANT”)mustprocure,agreetomaintainandsupplyevidenceofinsuranceatthelevelslistedandinaccordancewiththeotherprovisionslistedinthisdocument. 25 88
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Exhibit INS-A

INSURANCEREQUIREMENTSFORCONSULTANTS(WITHERRORSANDOMISSIONSREQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the followinginsurance against claims for injuries to persons or damages to property which may arise from or in connection with theperformanceof serviceshereunder byConsultant, itsagents, representatives, employeesor subconsultants. a. Commercial General LiabilityInsurance, includingContractual Liability, inanamount not lessthan$1,000,000combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent toInsurance Services Office Commercial General Liability Coverage (Occurrence FormCG0001). If a general aggregatelimit isused, that limit shall applyseparatelytotheproject or shall betwicetheoccurrenceamount; b. Business automobile liability insurance in an amount not lessthan$1,000,000combinedsinglelimit for bodilyinjury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Officeautomobileliabilitycoverage(OccurrenceFormCA0001) coveringCodeNo. 1, “anyauto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimumcoverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. Theprofessional liability/errorsandomissionsinsurancemust beproject specificwithat least aoneyear extendedreportingperiod, orlonger uponrequest. d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’sliability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shallincludeawaiver of all rightsof subrogationwhichtheinsurer mayhaveagainst theCity.

2. Consultant shall, prior to performance of any services, filewiththeRiskManager certificatesof insurancewithoriginalendorsements effecting coveragerequiredbythisExhibit INS-A. Thecertificatesandendorsementsfor eachinsurancepolicyareto be signed by a person authorizedbythat insurer tobindcoverageonitsbehalf. Thecertificatesandendorsementsaretobeonthe attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received andapproved by the Risk Manager before commencement of services. Cityreservestheright torequirecompletecertifiedcopiesofall requiredinsurancepoliciesat anytime. Thecertificatesof insuranceandendorsementsshall besent viaemail. If youhavenotreceivedyour request or arehavingdifficultywithelectronicupload, contact [email protected]

3. Consultant agrees that all insurance coveragesshall beprovidedbyaCaliforniaadmittedinsurancecarrier withanA.M.Best rating of A:VII or better and shall be endorsedtostatethat coveragemaynot besuspended, voided, canceled, or reducedincoverage or limits without 30 days’ prior written notice totheRiskManager. TheRiskManager shall not approveor accept anyendorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved fromtheresponsibilitytogivesuchnotice.

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall beendorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liabilityarising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premisesowned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shallcontain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents andvolunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Formattached to this Exhibit INS-Aor substitute forms containing the same information and acceptable totheRiskManagershall be used to provide the endorsements (ISO formCG 2010 11/85 or if not available, CG2010 with an edition datepriorto01/04andCG2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insuranceorself-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policyshall includeawaiver of allrights of subrogationwhichtheinsurer mayhaveagainst theCity. Anyfailuretocomplywithreportingprovisionsof thepoliciesshall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall applyseparatelytoeachinsuredagainst whomclaimismadeor suit isbrought, except withrespect tothelimitsof theinsurer'sliability.

6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At theoption of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respectsCity, its City Council, officers, employees and volunteers, or theConsultant shall procureabondguaranteeingpayment of lossesandrelatedinvestigations, claimadministrationanddefenseexpenses.

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultantagrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of awrittenrequest fromtheRiskManager. 1/23
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AgreementNo.32400386

INSTRUCTIONFORSUBMITTINGINSURANCECERTIFICATESANDENDORSEMENTFORMS CertificatesofInsurance
Thesampleaccordformonthefollowingpageisprovidedtofacilitateyourpreparationandsubmissionofcertificatesofinsurance.Youmayusethisoranyindustryformthatshowscoverageasbroadasthatshownontheattachedsample.Pleasenotethecertificateholderaddressmustbeasshownontheattachedsampleaccordformwiththecontractnumberandinsuranceexhibitidentificationinformationcompleted.Improperlyaddressedcertificatesmaydelaythecontractstart-updatebecausetheCity’s practiceis to returnunidentifiableinsurancecertificatesto theinsuredforclarificationas to thecontractnumber. Cancellationprovisionsmustbeendorsedto thepolicy. Modifyingthecertificatedoesnotchangecoverageorobligatethecarriertoprovidenoticeofcancellation.

EndorsementForms
Originalendorsementsarerequiredforcommercialgeneralliabilityandbusinessautomobileliabilityinsurancepoliciesandmustbe attachedto theapplicablecertificateofinsurance.Citypreferenceis thattheConsultant/insurerusetheendorsementformswhichareattached.Substituteformswillbeaccepted,however, aslongastheyincludeprovisionscomparabletothesampleaccordform.

INS-A.doc
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AgreementNo.32400386

ACORDCERTIFICATEOFINSURANCE ISSUEDATE(MM/DD/YY)

PRODUCER
THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER. THISCERTIFICATEDOESNOTAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW.

CODE SUB-CODE

COMPANIESAFFORDINGINSURANCECOVERAGE

INSURED COMPANYLETTER

A SPECIFYCOMPANYNAMESINTHISSPACE

COMPANYLETTER
B
COVERAGESTHISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED, NOTWITHSTANDINGANYREQUIREMENT, TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN, THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES. LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.

COLTR

TYPEOFINSURANCE POLICYNUMBER

POLICYEFFECTIVEDATE(MM/DD/YY)

POLICYEXPIRATIONDATE(MM/DD/YY)
LIMITS
A GENERALLIABILITY[x] COMMERCIALGENERALLIABILITY [ ] CLAIMSMADE[x] OCCUR.[x] OWNER'S&CONTRACTOR'SPROT.

GENERALAGGREGATE
$1,000,000PRODUCTSCOMP/OPAGG
. $1,000,000PERSONAL&ADV. INJURY
$1,000,000EACHOCCURRENCE
$1,000,000FIREDAMAGE(Anyonefire)
$MED. EXPENSE(Anyoneperson)
$
A AUTOMOBILELIABILITY[x] ANYAUTOALLOWNEDAUTOSSCHEDULEDAUTOSHIREDAUTOSNON-OWNEDAUTOSGARAGELIABILITY

COMBINEDSINGLE
$1,000,000LIMITBODILYINJURY
$(Per person)BODILYINJURY
$(Per accident)PROPERTYDAMAGE
$

A EXCESSLIABILITYUMBRELLAFORMOTHERTHANUMBRELLAFORM

EACHOCCURRENCE
$

AGGREGATE
$

A WORKERS'COMPENSATIONANDEMPLOYERS' LIABILITY

STATUTORYLIMITSEACHACCIDENT
$1,000,000DISEASE-POLICYLIMIT
$1,000,000DISEASE-EACHEMPLOYEE
$1,000,000

A OTHER
Errorsandomissionsinsuranceormalpracticeinsuranceavailablefortheinsured'sprofession Minimumcoverage
$1,000,000Eachconsultant/
$500,000&listedsub-consultant

DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIALITEMS

CERTIFICATEHOLDER
CITYOFOXNARD℅EvidentID,Inc.8520AllisonPointeBlvd.Ste223PMB5210Indianapolis,Indiana462500-4299US CANCELLATIONSHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELEDBEFORETHEEXPIRATIONDATETHEREOF, THEISSUINGCOMPANYWILLENDEAVORTOMAIL 30DAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHELEFT, BUTFAILURETOMAILSUCHNOTICESHALLIMPOSENOOBLIGATIONORLIABILITYOFANYKINDUPONTHECOMPANY, ITSAGENTSORREPRESENTATIVES.

AUTHORIZEDREPRESENTATIVE
Rev. 1/23 INS-A.doc
28 91
AgreementNo.32400386
GENERALLIABILITYSPECIALENDORSEMENTFORTHECITYOFOXNARD(the“City”) SUBMITINDUPLICATEENDORSEMENTNO. ISSUEDATE(MM/DD/YY)
PRODUCER POLICYINFORMATION:InsuranceCompany:PolicyNo.:PolicyPeriod:(from) (to)LOSSADJUSTMENTEXPENSE ❒IncludedinLimits❒InAdditiontoLimits Telephone:
❒Deductible ❒Self-InsuredRetention(checkwhich)of$withanAggregateof$ appliestocoverage. ❒PerOccurrence ❒PerClaim (which)

NAMEDINSURED
APPLICABILITY. This insurance pertains to the operations, products and/ortenancyofthenamedinsuredunderallwrittenagreementsandpermitsinforcewiththeCityunlesscheckedhere ❒inwhichcaseonlythefollowingspecificagreementsandpermitswiththeCityarecovered

CITYAGREEMENTS/PERMITS

TYPEOFINSURANCE
GENERALLIABILITY❒COMMERCIALGENERALLIABILITY❒COMPREHENSIVEGENERALLIABILITY❒OWNERS&CONTRACTORSPROTECTIVE ❒ ClaimsMadeRetroactiveDate❒ Occurrence

OTHERPROVISIONS

COVERAGES
LIABILITYLIMITSINTHOUSANDS$EACHOCCURRENCE

AGGREGATE
❒GENERAL❒PRODUCTS/COMPLETEDOPERATIONS❒PERSONAL&ADVERTISINGINJURY❒FIREDAMAGE❒❒ CLAIMS: Underwriter’srepresentativeforclaimspursuanttothisinsurance .

Name:Address:

Telephone
: ( )Inconsiderationofthepremiumchargedandnotwithstandinganyinconsistentstatementinthepolicytowhichthisendorsementisattachedoranyendorsementnoworhereafterattachedthereto,insurancecompanyagreesasfollows:

1. INSURED. TheCity,itsofficers,agents,employeesandvolunteersareincludedasinsuredswithregardtoliabilityanddefenseofsuitsarisingfromtheoperations,productsandactivitiesperformedbyoronbehalfofthenamedinsured.2. CONTRIBUTION NOT REQUIRED. Asrespects:(a)workperformedbythenamedinsuredfororonbehalfoftheCity;or(b)productssoldbythenamedinsuredtotheCity;or(c)premisesleasedbythenamedinsuredfromtheCity,theinsuranceaffordedbythispolicyshallbeprimaryinsuranceasrespectstheCity,itsofficers,agents,employeesorvolunteers;orstandinanunbrokenchainofcoverageexcessofthenamedinsured’sscheduledunderlyingprimarycoverage. Ineitherevent,anyotherinsurancemaintainedbytheCity,itsofficers,agents,employeesorvolunteersshallbeinexcessofthisinsuranceandshallnotcontributewithit.3. SEVERABILITY OF INTEREST. Thisinsuranceappliesseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbroughtexceptwithrespecttothecompany’slimitsofliability.Theinclusionofanypersonororganizationasaninsuredshallnotaffectanyrightwhichsuchpersonororganizationwouldhaveasaclaimantifnotsoincluded.4. CANCELLATION NOTICE. WithrespecttotheinterestsoftheCity,thisinsuranceshallnotbecanceled,ormateriallyreducedincoverageorlimitsexceptafterthirty(30)dayspriorwrittennoticebyreceipteddeliveryhasbeengiventotheCity.5. PROVISIONS REGARDINGTHE INSURED’S DUTIES. AnyfailuretocomplywithreportingprovisionsofthepolicyorbreachesorviolationsofwarrantiesshallnotaffectcoverageprovidedtotheCity,itsofficers,agents,employeesorvolunteers.6. SCOPEOFCOVERAGE. Thispolicy,ifprimary,affordscoverageatleastasbroadas:a. InsuranceServicesOfficeCommercialGeneralLiabilityCoverage,“occurrence”formCG0001;orb. Ifexcess,affordscoveragewhichisatleastasbroadastheprimaryinsuranceformCG0001.

Exceptasstatedabovenothinghereinshallbeheldtowaive,alterorextendanyofthelimits,conditions,agreementsorexclusionsofthepolicytowhichthisendorsementisattached.

Signature (original signaturerequired)Telephone:( ) DateSigned:
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AgreementNo.32400386
AUTOMOBILELIABILITYSPECIALENDORSEMENTFORTHECITYOFOXNARD(the“City”) SUBMITINDUPLICATEENDORSEMENTNO. ISSUEDATE(MM/DD/YY)
PRODUCER POLICYINFORMATION:InsuranceCompany:PolicyNo.:PolicyPeriod:(from) (to)LOSSADJUSTMENTEXPENSE ❒IncludedinLimits❒InAdditiontoLimits Telephone:
❒Deductible ❒Self-InsuredRetention(checkwhich)of$withanAggregateof$ appliestocoverage.❒PerOccurrence ❒PerClaim (which) NAMEDINSURED APPLICABILITY. Thisinsurancepertainstotheoperations,productsand/ortenancyofthenamedinsuredunderallwrittenagreementsandpermitsinforcewiththeCityunlesscheckedhere❒inwhichcaseonlythefollowingspecificagreementsandpermitswiththeCityarecovered:

CITYAGREEMENTS/PERMITS
TYPEOFINSURANCE OTHERPROVISIONS❒COMMERCIALAUTOPOLICY❒BUSINESSAUTOPOLICY❒OTHER LIMITOFLIABILITY CLAIMS:Underwriter’srepresentativeforclaimspursuanttothisinsurance.Name:Address:

Telephone: (
)
$ per accident, for bodilyinjuryandpropertydamage.

Inconsiderationof thepremiumchargedandnotwithstandingany inconsistent statement inthepolicy towhichthis endorsement isattachedoranyendorsementnoworhereafterattachedthereto,insurancecompanyagreesasfollows:

1. INSURED. TheCity,itsofficers,agents,volunteersandemployeesareincludedasinsuredswithregardtoliabilityanddefenseofsuitsarisingfromtheoperations,productsandactivitiesperformedbyoronbehalfofthenamedinsured.2. CONTRIBUTION NOT REQUIRED. Asrespects:(a)workperformedbythenamedinsuredfororonbehalfoftheCity;or(b)productssoldbythenamedinsuredtotheCity;or(c)premisesleasedbythenamedinsuredfromtheCity,theinsuranceaffordedbythispolicyshallbeprimaryinsuranceasrespectstheCity,itsofficers,agents,employeesorvolunteers;orstandinanunbrokenchainofcoverageexcessofthenamedinsured’sscheduledunderlyingprimarycoverage. Ineitherevent,anyotherinsurancemaintainedbytheCity,itsofficers,agents,employeesorvolunteersshallbeinexcessofthisinsuranceandshallnotcontributewithit.3. SEVERABILITYOFINTEREST. Thisinsuranceappliesseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbroughtexceptwithrespecttothecompany’slimitsofliability.Theinclusionofanypersonororganizationasaninsuredshallnotaffectanyrightwhichsuchpersonororganizationwouldhaveasaclaimantifnotsoincluded.4. CANCELLATION NOTICE. WithrespecttotheinterestsoftheCity,thisinsuranceshallnotbecanceled,ormateriallyreducedincoverageorlimitsexceptafterthirty(30)dayspriorwrittennoticebyreceipteddeliveryhasbeengiventotheCity.5. PROVISIONS REGARDINGTHE INSURED’S DUTIES. AnyfailuretocomplywithreportingprovisionsofthepolicyorbreachesorviolationsofwarrantiesshallnotaffectcoverageprovidedtotheCity,itsofficers,agents,employeesorvolunteers.6. SCOPEOFCOVERAGE. Thispolicy,ifprimary,affordscoverageatleastasbroadas:a. InsuranceServicesOfficeAutomobileLiabilityCoverage,“occurrence”formCA0001,code("anyauto");orb. Ifexcess,affordscoveragewhichisatleastasbroadastheprimaryinsuranceformreferencedintheprecedingsection(1).

Exceptasstatedabovenothinghereinshallbeheldtowaive,alterorextendanyofthelimits,conditions,agreementsorexclusionsofthepolicytowhichthisendorsementisattached.

ENDORSEMENTHOLDER
CITYOFOXNARD℅EvidentID,Inc.8520AllisonPointeBlvd.Ste223PMB5210Indianapolis,Indiana462500-4299US AUTHORIZEDREPRESENTATIVE❒Broker/Agent ❒Underwriter ❒
I (print/typename),warrantthatIhaveauthoritytobindtheabove-mentionedinsurancecompanyandbymysignaturehereondosobindthiscompanytothisendorsement.Signature (original signaturerequired)Telephone:( ) DateSignedRev.1/23 INS-A.doc 31 94
AgreementNo.32400386 EXHIBITD
CONSULTANT/PROFESSIONALSERVICESAGREEMENT(CITYofOxnardandCraftwaterEngineering,Inc.)

FEDERALFUNDING/GRANTREQUIREMENTSRIDER

1.ConsultantisherebyadvisedandacknowledgesthattheProject,andanyagreementorcontractawardedpursuanttothisRFP,isbeingfundedinwholeorinpartwithfederalassistanceundertheAmericanRescuePlanAct(the“ARPA”)Pub.L.No.117-2(March11,2021);specifically,Sections602and603oftheSocialSecurityAct(the“Act”)asaddedbySection9901oftheARPA,whichestablishedtheCoronavirusStateandLocalFiscalRecoveryFunds(the“CSLFRF”).SuchfundingisprovidedinaccordancewithandissubjecttothetermsandconditionsoftheCSLFRFfinancialassistanceagreementbetweentheU.S.DepartmentoftheTreasury(“Treasury”)andtheCity,signedMay11,2021(the“CityAward”).TheCityAwardisattachedtothisExhibitDasATTACHMENTD-1andisexpresslyincorporatedhereinbyreference.

2.ForpurposesofthisSectionE,theterm“Contractor”shallmeanandinclude“Consultant”.

3.BysubmittingaProposalfortheProject,Consultantagreestocomplywiththelaws,provisions,andregulationslistedherein;allotherapplicablefederalstatutes,regulations,andexecutiveorders;andtofurtherprovideforsuchcomplianceinanyagreements/contractsitentersintowithotherparties(byinsertingaprovisionintoanysubcontractsorsubconsultantagreementsmakingthemsubjecttoalloftheprovisionsstipulatedherein)foranyworkorservicesrelatingtotheProject.

4.ConsultantacknowledgesandagreesthattheprovisionsofthisSectionEanditsattachmentsshallbeannexedasanExhibitandmadepartofitsAgreementwiththeCityintheeventofanaward.

5.Thelaws,provisions,andregulationsrelatingtothisProjectandwithwhichConsultantisrequiredtocomply,includewithoutlimitation,allofthefollowing:
a.TherequirementsofSection603oftheAct,regulationsadoptedbyTreasurypursuanttosection603(f)oftheAct,andguidanceissuedbyTreasuryregardingtheforegoing. b.FederalregulationsspecifiedintheCityAward,whichincludewithoutlimitation,thefollowing:
(i)UniformAdministrativeRequirements,CostPrinciples,andAuditRequirementsforFederalAwards,2CFRPart200,otherthansuchprovisionsasTreasurymaydetermineareinapplicabletotheCityAwardandsubjecttosuchexceptionsasmaybeotherwiseprovidedbyTreasury.SubpartF–AuditRequirementsoftheUniformGuidance,implementingtheSingleAuditAct,shallapply. (ii)UniversalIdentifierandSystemforAwardManagement(SAM),2CFRPart25,pursuanttowhichtheawardtermsetforthinAppendixAto2CFRPart25isherebyincorporatedbyreference. (iii)ReportingSubawardandExecutiveCompensationInformation,2CFRPart170,pursuanttowhichtheawardtermsetforthinAppendixAto2CFRPart170isherebyincorporatedbyreference. (iv)OMBGuidelinestoAgenciesonGovernmentwideDebarmentandSuspension(Nonprocurement),2CFRPart180,includingtherequirementtoincludeatermorconditioninalllowertiercoveredtransactions(contractsandsubcontractsdescribedin2CFRPart180,subpartB)thattheawardissubjectto2CFRPart180andTreasury’simplementingregulationat31CFRPart19.ContractormustcompletethecertificationinATTACHMENTE-2andcomplywithallprovisionsofsaidcertification. (v)RecipientIntegrityandPerformanceMatters,pursuanttowhichtheawardtermsetforthin2CFRPart200,AppendixXIItoPart200isherebyincorporatedbyreference.32 95 AgreementNo.32400386
(vi)GovernmentwideRequirementsforDrug-FreeWorkplace,31CFRPart20. (vii)NewRestrictionsonLobbying,31CFRPart21,pursuanttotheByrdAnti-LobbyingAmendment(31U.S.C.§3152).SeeprovisionsinSubsectionj.(ix)belowforrequirementsandrequiredcertification. (viii)UniformRelocationAssistanceandRealPropertyAcquisitionsActof1970(42U.S.C.§§4601-4655)andimplementingregulations. (ix)Generallyapplicablefederalenvironmentallawsandregulations. c.StatutesandregulationsprohibitingdiscriminationapplicabletotheProjectandConsultant,including,withoutlimitation,thefollowing:
(i)TitleVIoftheCivilRightsActof1964(42U.S.C.§§2000detseq.)andTreasury’simplementingregulationsat31CFRPart22,whichprohibitdiscriminationonthebasisofrace,color,ornationaloriginunderprogramsoractivitiesreceivingfederalfinancialassistance(seesubdivisiond,belowforrequiredassurances); (ii)TheFairHousingAct,TitleVIIIoftheCivilRightsActof1968(42U.S.C.§§3601et seq.),whichprohibitsdiscriminationinhousingonthebasisofrace,color,religion,national origin,sex,familialstatus,ordisability; (iii)Section504oftheRehabilitationActof1973,asamended(29U.S.C.§794),whichprohibitsdiscriminationonthebasisofdisabilityunderanyprogramoractivityreceivingfederalfinancialassistance; (iv)TheAgeDiscriminationActof1975,asamended(42U.S.C.§§6101etseq.),andTreasury’simplementingregulationsat31CFRPart23,whichprohibitdiscriminationonthebasisofageinprogramsoractivitiesreceivingfederalfinancialassistance;and (v)TitleIIoftheAmericanswithDisabilitiesActof1990,asamended(42U.S.C.§12101etseq.),whichprohibitsdiscriminationonthebasisofdisabilityunderprograms,activities,andservicesprovidedormadeavailablebystateandlocalgovernmentsorinstrumentalitiesoragenciesthereto. d.TheCivilRightsRestorationActof1987whichrequirethefollowingassurances:
(i)ConsultantensuresitscurrentandfuturecompliancewithTitleVIoftheCivilRightsActof1964,asamended,whichprohibitsexclusionfromparticipation,denialofthebenefitsof,orsubjectiontodiscriminationunderprogramsandactivitiesreceivingfederalfinancialassistance,ofanypersonintheUnitedStatesonthegroundofrace,color,ornationalorigin(42U.S.C.§2000detseq.),asimplementedbytheDepartmentoftheTreasuryTitleVIregulationsat31CFRPart22andotherpertinentexecutiveorderssuchasExecutiveOrder13166,directives,circulars,policies,memoranda,and/orguidancedocuments. (ii)ConsultantacknowledgesthatExecutiveOrder13166,“ImprovingAccesstoServices forPersonswithLimitedEnglishProficiency,”seekstoimproveaccesstofederallyassistedprogramsandactivitiesforindividualswho,becauseofnationalorigin,haveLimitedEnglishproficiency(LEP).Recipientunderstandsthatdenyingapersonaccesstoitsprograms,services,andactivitiesbecauseofLEPisaformofnationalorigindiscriminationprohibitedunderTitleVIoftheCivilRightsActof1964andtheDepartmentoftheTreasury’simplementingregulations.Accordingly,Consultantshallinitiatereasonablesteps,orcomplywiththeDepartmentoftheTreasury’sdirectives,toensurethatLEPpersonshavemeaningfulaccesstoitsprograms,services,andactivities.Consultantunderstandsandagreesthatmeaningfulaccessmayentailprovidinglanguageassistanceservices,includingoralinterpretationandwrittentranslationwherenecessary,toensureeffectivecommunicationintheConsultant’sprograms,services,andactivities. 33 96
AgreementNo.32400386(iii)ConsultantagreestoconsidertheneedforlanguageservicesforLEPpersonswhenConsultantdevelopsapplicablebudgetsandconductsprograms,services,andactivities.Asaresource,theDepartmentoftheTreasuryhaspublisheditsLEPguidanceat70FR6067.FormoreinformationontakingreasonablestepstoprovidemeaningfulaccessforLEPpersons,pleasevisithttp://www.lep.gov. (iv)Consultantacknowledgesandagreesthatcompliancewiththeassurances constitutesaconditionofcontinuedreceiptoffederalfinancialassistanceandisbindinguponConsultantandConsultant’ssuccessors,transferees,andassigneesfortheperiodinwhichsuchassistanceisprovided (v)Consultantacknowledgesandagreesthatitmustrequireanysub-grantees,contractors,subcontractors,successors,transferees,andassigneestocomplywithassurances(i)-(iv)above,andagreestoincorporatethefollowinglanguageineverycontractoragreementsubjecttoTitleVIanditsregulationsbetweentheConsultanttheConsultant’ssub-grantees,contractors,subcontractors,subconsultants,successors,transferees,andassignees:

Thesub-grantee,contractor,subcontractor,successor,transferee,andassigneeshallcomplywithTitleVIoftheCivilRightsActof1964,whichprohibitsrecipientsoffederalfinancialassistancefromexcludingfromaprogramoractivity,denyingbenefitsof;orotherwisediscriminatingagainstapersononthebasisofrace,color,ornationalorigin(42U.S.C.§2000detseq.),asimplementedbytheDepartmentoftheTreasury'sTitleVIregulations,31CFRPart22,whicharehereinincorporatedbyreferenceandmadeapartofthiscontract(oragreement).TitleVIalsoincludesprotectiontopersonswith"LimitedEnglishProficiency"inanyprogramoractivityreceivingfederalfinancialassistance,42U.S.C.§2000detseq.,asimplementedbytheDepartmentoftheTreasury'sTitleVIregulations,31CFRPart22,andhereinincorporatedbyreferenceandmadeapartofthiscontractoragreement. e.Contractingwithsmallandminoritybusinesses,women'sbusinessenterprises,andlaborsurplusareafirms,assetforthin2CFRSection200.321. (i)Ifsubcontractsaretobelet,ConsultantmusttakeallaffirmativestepspursuanttoSection200.321toassurethatminoritybusinesses,women’sbusinessenterprises,andlaborsurplusareafirmsare usedwheneverpossible.Affirmativestepsinclude:

A.Placingqualifiedsmallandminoritybusinessesandwomen'sbusinessenterprisesonsolicitationlists;B.Assuringthatsmallandminoritybusinesses,andwomen'sbusinessenterprisesaresolicitedwhenevertheyarepotentialsources;C.Dividingtotalrequirements,wheneconomicallyfeasible,intosmallertasksorquantitiestopermitmaximumparticipationbysmallandminoritybusiness,andwomen'sbusinessenterprises;D.Establishingdeliveryschedules,wheretherequirementpermits,whichencourageparticipationbysmallandminoritybusiness,andwomen'sbusinessenterprises;andE.Usingtheservices/assistanceoftheSmallBusinessAdministration(SBA),andtheMinorityBusinessDevelopmentAgency(MBDA)oftheDepartmentofCommerce. (ii)Ifselectedforaward,ConsultantmustsubmitaSmallandMinorityBusinesses,Women'sBusinessEnterprise(S/M/WBE)andLocalSurplusArea(LSA)FirmOutreachPlanattachedheretoasATTACHMENTD-3within30daysofcontractexecutiontotheCityforapproval.TheCitywillaccepttheS/M/WBEandLSAFirmOutreachPlanorofferrecommendationstoensureS/M/WBEandLSAFirmOutreachPlanincludesallnecessary affirmativestepstomeettheintentof2CFR§200.321.ConsultantshallreviseitsS/M/WBEOutreachPlantoincorporateCityinputasapplicable.UpontheCity’sacceptanceoftheS/M/WBEandLSAFirmOutreachPlan,ConsultantshallsubmitupdatestotheCityquarterly.S/M/WBEandLSAFirmOutreachPlanupdateshouldincludeeffortstakenwithintheperiodtoassurethat minoritybusinesses,women'sbusinessenterprises,andlaborsurplusareafirmswereutilizedwhen possible. f.IncreasingSeatBeltUseintheUnitedStates.PursuanttoExecutiveOrder13043,62FR19217(Apr.18,1997),Consultantisencouragedtoadoptandenforceon-the-jobseatbeltpoliciesandprogramsfortheiremployeeswhenoperatingcompany-owned,rentedorpersonallyownedvehicles.34 97 AgreementNo.32400386
g.ReducingTextMessagingWhileDriving.PursuanttoExecutiveOrder13513,74FR51225(Oct.6,2009),Consultantisencouragedtoadoptandenforcepoliciesthatbantextmessagingwhiledriving,andConsultantshouldestablishworkplacesafetypoliciestodecreaseaccidentscausedbydistracteddrivers. h.ConflictofInterest.BysubmittingaProposalandexecutinganagreementwiththeCity,ConsultantcertifiesthatitthatithasdisclosedtoCityanyactual,apparent,orpotentialconflictsofinterestthatmayexistrelativetotheservicestobeprovidedpursuantundertheagreementorwithrespecttothefundingthereof,inaccordancewith2CFRPart200(including2CFRSections200.112and200.318(c)).ConsultantshallprovidealladditionalinformationnecessaryfortheCitytofullyassessandaddresssuchactualorpotentialconflictofinterestandagreestoadvisetheCityofanyactual,apparentorpotentialconflictsofinterestthatmaydevelopsubsequenttothedateofexecutiontheagreement.ConsultantfurtheragreestocompleteanystatementsofeconomicinterestifrequiredbyeitherCITYordinanceorStatelawandfurthercertifiesthatitdoesnotnowhavenorshallitacquireanyfinancialorbusinessinterestthatwouldconflictwiththeperformanceofservicesundertheAgreementanddoesnotknowofanyfactwhichconstitutesaviolationofanyconflictofinterestlaw,includingSection87100etseq.orSection1090etseq.oftheCaliforniaGovernmentCode. i.RecordsRetentionandAccess.Consultantcertifiesthatitwillcomplywiththerecordsretentionandaccessrequirementsdetailedin2CFR§200.334and200.337,aswellasanyadditionalrequirementsthatmaybeimposedbytheActorTreasuryregulations.Contractorfurthercertifiesthatitwillretainallrecordsasrequiredby2CFR§200.334foraperiodofthree(3)yearsafteritreceivesCitynoticethatCityhassubmittedfinalexpenditurereportsorquarterlyorannualfinancialreportsfortheProject,asapplicable,andallotherpendingmattersareclosed.ConsultantacknowledgesandagreesthattheTreasury,InspectorsGeneral,theComptrollerGeneraloftheUnitedStates,theCity,oranyoftheirauthorizedrepresentatives,shallhavetherightofaccesstoanydocuments,papers,orotherrecordsofConsultantwhicharepertinenttotheProjectbyvirtueoftheFederalawardbywhichitisfunded,inordertomakeaudits,examinations,excerpts,andtranscripts.TherightalsoincludestimelyandreasonableaccesstoConsultant’spersonnelforthepurposesofinterviewanddiscussionrelatedtosuchdocuments.TheprovisionsofthisSectionshallgovernoveranyconflictingprovisionsintheAgreement. j.FederalcontractprovisionsrequiredbyAppendixIIto2CFRPart200(2CFR§200.327),asapplicable:
(i)RemediesforBreach-AppendixIItoPart200,Subd.(A).TheTermsandConditionsinSectionCoftheRFP,aswellastheprovisionsofSection43oftheAgreementprovideremediesandpenaltiesforbreachoftheAgreement. (ii)TerminationforCause/Convenience-AppendixIItoPart200,Subd.(B).TheTermsandConditionsinSectionCoftheRFP,aswellastheprovisionsofSection21and43oftheAgreementincluderemediesforbreachandterminationforcauseandconvenience. (iii)EqualEmploymentOpportunity-AppendixIItoPart200,Subd.(C).Exceptasotherwiseprovidedunder41CFRPart60,ifthisAgreementmeetsthedefinitionofa“federallyassistedconstructioncontract”in41CFR§60-1.3,thenConsultantshallcomplywiththefollowingequalopportunityclause,inaccordancewithExecutiveOrder11246ofSeptember24,1965entitled“EqualEmploymentOpportunity,”asamendedbyExecutiveOrder11375ofOctober13,1967andimplementationregulationsat41CFRChapter60:

DuringtheperformanceofthisAgreement,Consultantagreesasfollows:

A.TheConsultantwillnotdiscriminateagainstanyemployeeorapplicantforemploymentbecauseofrace,color,religion,sex,sexualorientation,genderidentity,ornationalorigin.TheConsultantwilltakeaffirmativeactiontoensurethatapplicantsareemployed,andthatemployeesaretreatedduringemploymentwithoutregardtotheirrace,color,religion,sex,sexualorientation,genderidentity,ornationalorigin.Suchactionshallinclude,butnotbelimitedtothefollowing:Employment,upgrading,demotion,ortransfer;recruitmentorrecruitmentadvertising;layoffortermination;ratesofpayorotherformsofcompensation;andselectionfortraining,includingapprenticeship.TheConsultantagreesto 35 98
AgreementNo.32400386postinconspicuousplaces,availabletoemployeesandapplicantsforemployment,noticestobeprovidedsettingforththeprovisionsofthisnondiscriminationclause.

B.TheConsultantwill,inallsolicitationsoradvertisementsforemployeesplacedbyoronbehalfoftheConsultant,statethatallqualifiedapplicantswillreceiveconsiderationforemploymentwithoutregardtorace,color,religion,sex,sexualorientation,genderidentity,ornationalorigin.

C.TheConsultantwillnotdischargeorinanyothermannerdiscriminateagainstanyemployeeorapplicantforemploymentbecausesuchemployeeorapplicanthasinquiredabout,discussed,ordisclosedthecompensationoftheemployeeorapplicantoranotheremployeeorapplicant.Thisprovisionshallnotapplytoinstancesinwhichanemployeewhohasaccesstothecompensationinformationofotheremployeesorapplicantsasapartofsuchemployee'sessentialjobfunctionsdisclosesthecompensationofsuchotheremployeesorapplicantstoindividualswhodonototherwisehaveaccesstosuchinformation,unlesssuchdisclosureisinresponsetoaformalcomplaintorcharge,infurtheranceofaninvestigation,proceeding,hearing,oraction,includinganinvestigationconductedbytheemployer,orisconsistentwiththeConsultant'slegaldutytofurnishinformation.

D.TheConsultantwillsendtoeachlaborunionorrepresentativeofworkerswithwhich hehasacollectivebargainingagreementorothercontractorunderstanding,anoticetobeprovidedadvisingthesaidlaborunionorworkers'representativesoftheConsultant'scommitmentsunderthissection,andshallpostcopiesofthenoticeinconspicuousplacesavailabletoemployeesandapplicantsforemployment.

E.TheConsultantwillcomplywithallprovisionsofExecutiveOrder1124ofSeptember24,1965,andoftherules,regulations,andrelevantordersoftheSecretaryofLabor.

F.TheConsultantwillfurnishallinformationandreportsrequiredbyExecutiveOrder11246ofSeptember24,1965,andbyrules,regulations,andordersoftheSecretaryofLabor,orpursuantthereto,andwillpermitaccesstohisbooks,records,andaccountsbytheadministeringagencyandtheSecretaryofLaborforpurposesofinvestigationtoascertaincompliancewithsuchrules,regulations,andorders.

G.IntheeventoftheConsultant'snoncompliancewiththenondiscriminationclausesofthisAgreementorwithanyofthesaidrules,regulations,ororders,thisAgreementmaybecanceled,terminated,orsuspendedinwholeorinpartandtheConsultantmaybedeclaredineligibleforfurtherGovernmentcontractsorfederallyassistedconstructioncontractsinaccordancewithproceduresauthorizedinExecutiveOrder11246ofSeptember24,1965,andsuchothersanctionsmaybeimposedandremediesinvokedasprovidedinExecutiveOrder11246ofSeptember24,1965,orbyrule,regulation,ororderoftheSecretaryofLabor,orasotherwiseprovidedbylaw.

H.TheConsultantwillincludetheportionofthesentenceimmediatelyprecedingparagraphAandtheprovisionsofparagraphsAthroughGineverysubcontractorpurchaseorderunlessexemptedbyrules,regulations,orordersoftheSecretaryofLaborissuedpursuanttosection204ofExecutiveOrder11246ofSeptember24,1965,sothatsuchprovisionswillbebindinguponeachsubcontractororvendor.TheConsultantwilltakesuchactionwithrespecttoanysubcontractorpurchaseorderastheadministeringagencymaydirectasameansofenforcingsuchprovisions,includingsanctionsfornoncompliance:

Provided,however,thatintheeventaConsultantbecomesinvolvedin,oristhreatenedwith,litigationwithasubcontractororvendorasaresultofsuchdirectionbytheadministeringagency,theConsultantmayrequesttheUnitedStatestoenterintosuchlitigationtoprotecttheinterestsoftheUnitedStates.

Theapplicantfurtheragreesthatitwillbeboundbytheaboveequalopportunityclausewithrespecttoitsownemploymentpracticeswhenitparticipatesinfederallyassistedconstructionwork:Provided,ThatiftheapplicantsoparticipatingisaStateorlocalgovernment,theaboveequalopportunityclauseisnotapplicabletoanyagency,instrumentalityorsubdivisionofsuchgovernmentwhichdoesnotparticipateinworkonorundertheAgreement. 36 99
AgreementNo.32400386TheapplicantagreesthatitwillassistandcooperateactivelywiththeadministeringagencyandtheSecretaryofLaborinobtainingthecomplianceofcontractorsandsubcontractorswiththeequalopportunityclauseandtherules,regulations,andrelevantordersoftheSecretaryofLabor,thatitwillfurnishtheadministeringagencyandtheSecretaryofLaborsuchinformationastheymayrequireforthesupervisionofsuchcompliance,andthatitwillotherwiseassisttheadministeringagencyinthedischargeoftheagency'sprimaryresponsibilityforsecuringcompliance.

TheapplicantfurtheragreesthatitwillrefrainfromenteringintoanycontractorcontractmodificationsubjecttoExecutiveOrder11246ofSeptember24,1965,withacontractordebarredfrom,orwhohasnotdemonstratedeligibilityfor,GovernmentcontractsandfederallyassistedconstructioncontractspursuanttotheExecutiveOrderandwillcarryoutsuchsanctionsandpenaltiesforviolationoftheequalopportunityclauseasmaybeimposeduponcontractorsandsubcontractorsbytheadministeringagencyortheSecretaryofLaborpursuanttoPartII,SubpartDoftheExecutiveOrder.Inaddition,theapplicantagreesthatifitfailsorrefusestocomplywiththeseundertakings,theadministeringagencymaytakeanyorallofthefollowingactions:Cancel,terminate,orsuspendinwholeorinpartthisgrant(contract,loan,insurance,guarantee);refrainfromextendinganyfurtherassistancetotheapplicantunderthe programwithrespecttowhichthefailureorrefundoccurreduntilsatisfactoryassuranceoffuturecompliancehasbeenreceivedfromsuchapplicant;andreferthecasetotheDepartmentofJusticeforappropriatelegalproceedings. (iv)Davis-BaconandCopeland“Anti-Kickback”Act-AppendixIItoPart200,(Subd.(D)). NotapplicabletotheCSLRF(SeeFinalRuleGuidance). (v)ContractWorkHoursandSafetyStandardsAct–AppendixIItoPart200(Subd.(E)).Applicabletoallcontractsinexcessof$100,000thatinvolvetheemploymentofmechanics,laborers(includingwatchmenandguards(asdefinedbyfederallawandregulation),orconstructionwork,butnottopurchasesofsuppliesormaterialsorarticlesordinarilyavailableontheopenmarket,orcontractsfortransportationortransmissionofintelligence).

A.ContractorandallsubcontractorsshallcomplywiththeContractWorkHoursandSafetyStandardsAct,40USC3701through3708(includingsections3702and3704),assupplementedbyDepartmentofLaborregulationsat29CFRPart5,whichareincorporatedhereinbythisreference.

B.Contractorandallsubcontractorsshallcomputethewagesofeverymechanicandlaboreronthebasisofastandardworkweekof40hours.Workinexcessofthestandardwork weekissubjecttoconditions,asstatedintheActandregulations.Nolaborerormechanicshallberequiredtoworkinsurroundingsorunderworkingconditionsthatareunsanitary,hazardous,ordangeroustohealthorsafety. (vi)RightstoInventionsMadeUnderaContractorAgreement-AppendixIItoPart200 (Subd.(F)).Contractsoragreementsfortheperformanceofexperimental,developmental,orresearchwork(meetingthedefinitionof“fundingagreements”(see37CFRPart401))shallprovidefortherightsoftheFederalGovernmentandtherecipientinanyresultinginventioninaccordancewith37CFRpart401,"RightstoInventionsMadebyNonprofitOrganizationsandSmallBusinessFirmsUnderGovernmentGrants,ContractsandCooperativeAgreements,"andanyapplicableimplementingregulations. (vii)CleanAirActandFederalWaterPollutionControlAct-AppendixIItoPart200(Subd.(G)).

A.Forallcontractsinexcessof$150,000,Contractoragreestocomplywith:(1)allapplicablestandards,ordersorregulationsissuedpursuanttotheCleanAirAct,asamended,42U.S.C.§7401etseq.;and(2)allapplicablestandards,orders,orregulationsissuedpursuanttotheFederalWaterPollutionControlAct,asamended,33U.S.C.1251etseq.

B.ContractorfurtheragreestoreporteachviolationoftheCleanAirActandtheWaterPollutionControlActtotheCityandunderstandsandagreesthattheCitywill,inturn,reporteachviolationasrequiredtoassurenotificationtotheFederalEmergencyManagementAgency,andtheappropriateEnvironmentalProtectionAgencyRegionalOffice. 37 100
AgreementNo.32400386C.Contractoragreestoincludetheserequirementsineachsubcontractexceeding$150,000financedinwholeorinpartwithFederalassistance. (viii)DebarmentandSuspension-AppendixIItoPart200(Subd.(HandrequirementsandcertificationasspecifiedinSubsection5.b.(iv)ofthisSectionE).(ix)ByrdAnti-Lobbying Amendment– AppendixIItoPart200(Subd.(I))andSubsection5.b.(vii)ofthisSectionE).

A.Contractor,andeachtiertothetierabove,certifiesthatitwillnotandhasnotusedfederallyappropriatedfundstopayanypersonororganizationforinfluencingorattemptingtoinfluenceanofficeroremployeeofanyagency,aMemberofCongress,officeroremployeeofCongress,oranemployeeofaMemberofCongressinconnectionwiththemakingorobtainingofanyfederalcontract,grant,oranyotherawardcoveredby31U.S.C.§1352.Eachtiershallalsodiscloseanylobbyingwithnon-federalfunds thattakesplaceinconnectionwithobtaininganyfederalaward.Suchdisclosuresareforwardedfromtiertotieruptotherecipientwhointurnwillforwardthecertification(s)tothefederalawardingagency.

B.Contractorshallfiletherequiredcertification,ATTACHMENTD-4,CertificationRegardingLobbying,attachedheretoandincorporatedherein,andshallobtainsuchcertificationsforallsubcontractsinexcessof$100,000. (x)ProcurementofRecoveredMaterials-AppendixIItoPart200(Subd.(J)and2CFR§ 200.323).ContractorshallcomplywithSection6002oftheSolidWasteDisposalAct,asamendedbytheResource ConservationandRecoveryAct.TherequirementsofSection6002includeprocuringonlyitemsdesignatedinguidelinesoftheEnvironmentalProtectionAgency(EPA)at40CFRPart247thatcontainthehighestpercentageofrecoveredmaterialspracticable,consistentwithmaintainingasatisfactorylevelofcompetition,wherethepurchasepriceoftheitemexceeds$10,000orthevalueofthequantityacquiredduringtheprecedingfiscalyearexceeded$10,000;procuringsolidwastemanagementservicesinamannerthatmaximizesenergyandresourcerecovery;andestablishinganaffirmativeprocurementprogramforprocurementofrecoveredmaterialsidentifiedintheEPAguidelines availableatEPA’sComprehensiveProcurementGuidelineswebpage:https://www.epa.gov/smm/comprehensive-procurement-guideline-cpgprogram. (xi)ProhibitiononCertainTelecommunicationsandVideoSurveillanceServicesorEquipment–AppendixIItoPart200(Subd.(K)and2CFR§200.26).Contractorisprohibitedfromobligatingorexpendingloanorgrantfundsto:

A.Procureorobtain;
B.Extendorrenewacontracttoprocureorobtain;or
C.Enterintoacontract(orextendorrenewacontract)toprocureorobtainequipment, services,orsystemsthatusescoveredtelecommunicationsequipmentorservicesasasubstantialoressentialcomponentofanysystem,orascriticaltechnologyaspartofanysystem.AsdescribedinPublicLaw115-232,section889,coveredtelecommunicationsequipmentistelecommunicationsequipmentproducedbyHuaweiTechnologiesCompanyorZTECorporation(oranysubsidiaryoraffiliateofsuchentities). (1)Forthepurposeofpublicsafety,securityofgovernmentfacilities,physicalsecuritysurveillanceofcriticalinfrastructure,andothernationalsecuritypurposes,videosurveillanceandtelecommunicationsequipmentproducedbyHyteraCommunicationsCorporation,HangzhouHikvisionDigitalTechnologyCompany,orDahuaTechnologyCompany(oranysubsidiaryoraffiliateofsuchentities). (2)Telecommunicationsorvideosurveillanceservicesprovidedbysuchentitiesorusingsuchequipment.

D.TelecommunicationsorvideosurveillanceequipmentorservicesproducedorprovidedbyanentitythattheSecretaryofDefense,inconsultationwiththeDirectoroftheNationalIntelligenceortheDirectoroftheFederalBureau 38 101
AgreementNo.32400386ofInvestigation,reasonablybelievestobeanentityownedorcontrolledby,orotherwiseconnectedto,thegovernmentofacoveredforeigncountry. (xii)DomesticPreferencesforProcurement–AppendixIItoPart200Subd.(L)and2CFR§200.322.

A.Asappropriate,andtotheextentconsistentwithlaw,Contractorshould,tothegreatestextentpracticable,provideapreferenceforthepurchase,acquisition,oruseofgoods,products,ormaterialsproducedintheUnitedStates.Thisincludes,butisnotlimitedtoiron,aluminum,steel,cement,andothermanufacturedproducts.

B.Forpurposesofthisclause:(1)ProducedintheUnitedStatesmeans,forironandsteelproducts,thatallmanufacturingprocesses,fromtheinitialmeltingstagethroughtheapplicationofcoatings,occurredintheUnitedStates. (2)Manufacturedproductsmeanitemsandconstructionmaterialscomposedinwholeorinpartofnon-ferrousmetalssuchasaluminum;plasticsandpolymer-basedproductssuchaspolyvinylchloridepipe;aggregatessuchasconcrete;glass,includingopticalfiber;andlumber. k.Whetherornotexpresslysetforthherein,allcontractualprovisionsandgrantconditionsorassurancesrequiredbyTreasury(includingasmaybeamendedorpromulgatedfromtimetotime)areherebyincorporatedhereinbyreference.ThisAgreementmaybeamendedtofurtherincorporateandexpresslystatenew,revised,andorsubsequentcontractualprovisionsorgrantconditionsasmayberequiredbyARPAand/orTreasury.IntheeventofanyconflictbetweenanyprovisionoftheAgreement,thisExhibit,oranyfederalorTreasuryterm,condition,orrequirement,thestricterstandardshallapply.ConsultantshallreferanyinconsistencyorperceivedinconsistencybetweenthisAgreementandanyfederalrequirementtoCityforguidance.Consultantshallnotperformanyact,failtoperformanyact,orrefusetocomplywithanyrequeststhatwouldcauseCitytobeinviolationofanyfederal,ARPA,orTreasuryterm,condition,orrequirement.

ConsultanthasReadandacknowledgedthisFEDERALFUNDING/GRANTREQUIREMENTSRIDER ThefollowingAttachmentsareincludedandmustbecompletedbyConsultantandreturnedtotheCity:

AttachmentD-2-CERTIFICATIONREGARDINGDEBARMENT,SUSPENSION,INELIGIBILITYANDVOLUNTARYEXCLUSION–LOWERTIERCOVEREDTRANSACTIONSAttachmentD-3-S/M/WBEANDLSAFIRMOUTREACHPLAN;andAttachmentD-4-NONLOBBYINGCERTIFICATIONFORFEDERALCONTRACT 39 102
Agreement No. 32400386
D-1 CITY AWARD

ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS (City Signature Document and the Requirements Document) U.S. DEPARTMENT OF THE TREASURY CORONOVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS (city signed document)
40 103
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address:

DUNS Number:

Taxpayer Identification Number:

Assistance Listing Number: 21.019
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.

Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto.

Recipient:
__________________________________________________
Authorized Representative:

Title:

Date signed:

U.S. Department of the Treasury:
__________________________________________________
Authorized Representative:

Title:

Date:

PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

DocuSign Envelope ID: 0C4F04A8-5865-4880-A46B-58E4217CA379 300 W. Third St, 4th Floor
SLT-1297
City of Oxnard
City Manager
Alexander Nguyen
5/11/2021
Oxnard, California, 93030
081790214
956000756
Submitted
41 104
2 U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS
Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act) , Treasury’s regulations implementing that section , and guidance issued by Treasury regarding the foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning , management, and completion of such project.

Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024.

Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.

Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing th at section, and guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.

Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.

Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.

Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

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3 Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
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4 ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which proh ibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act.

Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”
Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by DocuSign Envelope ID: 0C4F04A8-5865-4880-A46B-58E4217CA379 44 107
5 Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a d ebt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.

Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

DocuSign Envelope ID: 0C4F04A8-5865-4880-A46B-58E4217CA379 45 108
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
1 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS

ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.

The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.

The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

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OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
2 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.

5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other DocuSign Envelope ID: 0C4F04A8-5865-4880-A46B-58E4217CA379 47 110
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
3 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub- recipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
_________________________________
Recipient Date
_________________________________
Signature of Authorized Official

PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associat ed with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1 500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

DocuSign Envelope ID: 0C4F04A8-5865-4880-A46B-58E4217CA379 5/11/2021City of Oxnard
48 111
Agreement No. 32400386
ATTACHMENTD-2
CERTIFICATIONREGARDINGDEBARMENT,SUSPENSION,INELIGIBILITYANDVOLUNTARYEXCLUSION–

LOWERTIERCOVEREDTRANSACTIONS
(Lower Tier referstothe agencyor Contractor receivingFederal funds,aswell asanysubcontractorsthatthe agencyor Contractor entersintocontractwithusing thosefunds) AsrequiredbyExecutiveOrder 12549,DebarmentandSuspension,and31CFRPart19and 2CFRpart180, Citymaynotenter intocontractwithanyentitythatisdebarred,suspended,proposed for debarment,declared ineligible,or voluntarilyexcludedbytheFederal Governmentfromparticipating intransactionsinvolving Federal funds.Contractor isrequiredto signthecertification belowwhichspecifiesthatneither Contractor nor its principalsarepresentlydebarred,suspended,proposedfor debarment,declaredineligible,or voluntarilyexcluded bytheFederal agency.Italso certifiesthatContractor will notuse,directlyor indirectly,anyofthesefundsto employ,awardcontractsto,engagetheservicesof,or fundanyContractor thatisdebarred,suspended,or ineligibleunder 31CFRPart19.

Instructionfor Certification

1.Thecertificationinthisclauseisamaterial representationoffactuponwhichreliance wasplaced whenthis transactionwasenteredinto.Ifitislater determinedthattheprospectivelower tier participantknowinglyrendered anerroneouscertification,in additiontoother remediesavailable totheFederal Governmentthedepartmentor agencywithwhichthistransactionoriginatedmaypursueavailable remedies,includingsuspensionand/or debarment.

2.Theprospective lower tier participantshall provideimmediate writtennoticetothepersonto whomthis proposal issubmittedifatanytimetheprospectivelower tier participantlearnsthatitscertification waserroneous whensubmittedor had becomeerroneousbyreasonofchangedcircumstances.

3.Thetermscoveredtransaction,debarred,suspended,ineligible,lower tier coveredtransaction,participant, person,primarycoveredtransaction,principal,proposal,andvoluntarilyexcluded,asusedinthisclause,havethe meaningsetoutinthe DefinitionandCoveragesectionsofrulesimplementing ExecutiveOrder 12549.You may contactthepersontowhichthisproposal issubmittedfor assistanceinobtainingacopyofthose regulations.

4.Theprospective lower tier participantagreesbysubmittingthisagreementthat,shouldtheproposedcovered transactionbeenteredinto,itshall notknowinglyenter intoanylower tier coveredtransactionwitha personwho isproposedfor debarment,debarred,suspended,declaredineligible,or voluntarilyexcludedfromparticipationin thiscoveredtransaction,unlessauthorizedbythedepartmentor agencywithwhichthistransaction originated.

5.Theprospective lower tier participantfurther agreesbysubmittingthisproposal thatitwill includethisclause titled"CertificationRegardingDebarment,Suspension,IneligibilityandVoluntaryExclusion-Lower Tier Covered Transaction,"withoutmodification,inall lower tier coveredtransactionsandinall solicitationsfor lower tier coveredtransactions.

6.Aparticipantinacoveredtransactionmayrelyupona certificationofaprospectiveparticipantin alower tier coveredtransactionthatitisnotproposedfor debarment,debarred,suspended,ineligible,or voluntarilyexcluded fromcoveredtransactions,unlessitknowsthatthecertificationiserroneous.Aparticipantmaydecidethe method andfrequencybywhich itdeterminestheeligibilityofitsprincipals.Eachparticipantmay,butisnotrequired to, checktheListofPartiesExcluded fromFederal ProcurementandNonprocurementPrograms.

7.Nothingcontainedin the foregoingshall be construedtorequireestablishmentofa systemofrecordsinorder torender ingoodfaiththecertification required bythisclause.Theknowledgeandinformation ofaparticipantis notrequiredtoexceedthatwhichisnormallypossessedbyaprudentpersonintheordinarycourseofbusiness dealings.

8.Exceptfor transactionsauthorizedunder paragraph4oftheseinstructions,ifaparticipantinacovered transactionknowinglyentersinto alower tier coveredtransaction withapersonwho isproposedfor debarment, 49 112
Agreement No. 32400386
suspended,debarred,ineligible,or voluntarilyexcludedfromparticipationinthistransactionoriginatedmay pursue availableremedies,includingsuspensionand/or debarment.

Certification RegardingDebarment,Suspension,IneligibilityanVoluntaryExclusion –Lower Tier Covered Transactions

1.Contractor certifiesthatneither itnor itsprincipalsispresentlydebarred,suspended,proposedfor debarment, declaredineligible,or voluntarilyexcludedfromparticipationin thistransactionbyanyFederal departmentor agency.

2.Havenotwithin athree-year periodprecedingthisproposal beenconvictedofor hadacivil judgmentrendered againstthemfor commission offraudor a criminal offenceinconnectionwithobtaining,attemptingtoobtain,or performingapublic(Federal,State,or local) transactionor contractunder apublictransaction;violationofFederal or Stateantitruststatuesor commissionofembezzlement,theft,forgery,bribery,falsificationsor destructionof records,making falsestatements,or receivingstolenproperty;

3.Arenotpresentlyindictedfor,or otherwisecriminallyor civillychargedbyagovernmententity(Federal,State, or local) with,commissionofanyoftheoffensesenumerated inparagraph2ofthiscertification,and

4.Havenotwithin athree-year periodprecedingthisapplication/proposal had oneor morepublictransactions (Federal,State,or local) terminatedfor causeor default.

5.Wheretheprospectivelower tier participantisunabletocertifytoanyofthestatementsinthiscertification, suchprospectiveparticipantshall attachanexplanation.
__________________________________________
Name(Typed)
__________________________________________
TitleandOrganizationName(Typed)
__________________________________________
Signature
___________________________________________
Date
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ATTACHMENT D-3

S/M/WBEAND LSA FIRM OUTREACH PLAN
Project Number: ______________
Consultant: __________________
Submittal #: __________________
In this section, the Consultant is to provide details regarding strategies and efforts made to solicit, engage and utilize small and minority businesses, women's business enterprises (S/M/WBE)and labor surplus area (LSA) firms to demonstrate responsiveness to 2 CFR § 200.321.

1. Identify the items of work made available to S/M/WBEsand LSAs. Provide a description of the work items, approximate dollar amount and the percentage of the total Contract value.

DescriptionofWork
Item
Contractor
NormallyPerforms
(Y/N)
Unbundledfrom
Larger Scope(Y/N)
IfYes,ListScope
Amount($) Percentageof
Contract

2. Describe the outreach efforts to identify S/M/WBEsand LSAs on this Agreement, list agencies/associations/databases consulted and the date, method and result of the outreach efforts (examples include but are not limited to: Small Business Administration, the Minority Business Development Agency, the Department of Commerce, minority business associates, Small Business Development Centers, DGS).

Agency/Association
Chamber/Database
Name
ContactName Methodof
Outreach(fax,
Email,Phone,etc.)
DateofOutreach Response/
Outcome
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Agreement No. 32400386

3. Describe the outreach efforts exerted to ensure that qualified S/M/WBEsand LSAs were solicited and had sufficient information about subcontracting opportunities on this Contract. Include the date and method of the outreach efforts.

S/M/WBE
andLSA
FirmName
Contact
Name/Title
Business
Type(Small /
Minority/
Women)
Outreach
Method(Fax,
Email,
Phone,etc.)
Initial
Outreach
Date
Follow-Up
Date
Response/
Interestedin
Bidding
(Y/N)

4. Detail methods utilized to determine whether S/M/WBEsand LSAs were qualified:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

5. What approach was taken to arrange subcontracting work in a way that would encourage the participation of S/M/WBEsand LSAs on this Agreement. Provide examples of how delivery schedules, when permittable, were established in a way that would encourage participation by S/M/WBEsand LSAs. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

6. Identify any contractual requirements, incentives, or other measures your team utilized or considered utilizing on this Agreement to promote S/M/WBEand LSA assistance. This may include assistance in meeting insurance limits, bonding requirements, obtaining certifications or licenses that are appropriate in facilitating the type of work the S/M/WBEsand LSAs would be performing. ______________________________________________________________________ 52 115
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______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Note: USE ADDITIONAL SHEETS NECESSARY TO DEMONSTRATE RESPONSIVENESS. 53 116
Agreement No. 32400386
ATTACHMENT D-4

NONLOBBYING CERTIFICATION FOR FEDERAL CONTRACT
The undersigned certifies, 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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.
___________________________________________ _____________________________ Signature of Consultant’s Authorized Officer Date
_________________________________________________
Name and Title of Consultant’s Authorized Officer
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Agreement No. 32400386

EXHIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Craftwater Engineering, Inc.)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional services contracts that may be governed by the Living Wage Policy.

A. CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. CONSULTANT agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If CONSULTANT fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.

D. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed. 55 118
Agreement No. 32400386

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
CONSULTANT shall compensate any employee of CONSULTANT who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. CONSULTANT agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If CONSULTANT fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.
c. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed. 56 119
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EXHIBIT F

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Craftwater Engineering, Inc.)

PREVAILING WAGE

1. CONSULTANT acknowledges that the Project defined in the Agreement between CONSULTANT and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONSULTANT shall perform the Project as a public work.

CONSULTANT shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

CONSULTANT acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONSULTANT shall post such rates at each job site covered by this Agreement.

3. CONSULTANT is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. CONSULTANT shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONSULTANT shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by CONSULTANT or any subcontractor.

The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. CONSULTANT shall comply with Labor Code Section 1776, which requires CONSULTANT and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. CONSULTANT shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, CONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, CONSULTANT and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
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7. CONSULTANT may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, CONSULTANT must immediately notify CITY.

8. CONSULTANT is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. CONSULTANT shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. CONSULTANT acknowledges that 8 hours labor constitutes a legal day’s work.

CONSULTANT shall comply with and be bound by Labor Code Section 1810.

10. CONSULTANT shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by CONSULTANT or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by CONSULTANT’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. CONSULTANT shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. CONSULTANT shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, CONSULTANT shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, CONSULTANT shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of CONSULTANT under this Section shall survive Agreement termination.
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City of Oxnard
Request for Proposals
RFP #PW24-48

Consulting Services for Channel Island
Harbor Water Quality Feasibility Study and
Implementation Plan

Bid Close Date: 12/07/2023
at or before 2:00 p.m. PT

City of Oxnard
Purchasing
300 West Third Street
Oxnard, CA 93030

Solicitation opportunities: https://www.oxnard.org/rfps-and-rfqs/ City Website: https://www.oxnard.org/
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TABLE OF CONTENTS

A. SOLICITATION INTRODUCTION

1.0 Introduction

2.0 Project Description

3.0 Timeline of Events

4.0 Background

5.0 Goals and Objectives

6.0 Consultant Qualification

7.0 Scope of Work

8.0 Proposal Requirements

9.0 Communication Regarding RFP

10.0 Evaluation and Selection of Consultant

B. PROPOSAL GUIDELINES

Tab A – Proposal Checklist
Tab B – Acknowledgement
Tab C – Company Profile/ Experience
Tab D – Scope of Services
Tab E – References
Tab F – Cost/Budget Narrative
Tab G – Proposer Attachment

C. EXHIBITS

Exhibit 1 – Sample Professional Services Agreement
Exhibit 2 – Insurance Requirements
Exhibit 3 – City of Oxnard Terms & Conditions
Exhibit 4 – Conflict of Interest Form
Exhibit 5 – Fee Schedule Example

Attention Proposers: please complete Section Tabs A-G and upload as part of your bid response.

Proposals must be submitted electronically at https://www.publicpurchase.com

All questions must go through the Public Purchase portal.

Proposer will be responsible to carefully examine the requirements contained herein.

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The City of Oxnard is located approximately 60 miles northwest of Los Angeles and 35 miles south of Santa Barbara, off US Highway 101. Oxnard is a vibrant and growing community of approximately 200,000 people, being the most populous city in Ventura County, having a land area of nearly 27 square miles and over 20 linear miles of coastline. Oxnard prides itself on its rich diversity, history, and culture. There are significant commercial, agricultural, and diverse residential land uses. Oxnard is a full-service city and operates under the Council-City Manager form of government. Ventura County is a growing community of approximately 800,000.

The northern area of Channel Islands Harbor is managed by the City. The southern area, south of Channel Islands Blvd., is managed by the County, though still within the borders of the City of Oxnard.

The City of Oxnard is requesting proposals from experienced consulting firms to conduct a Feasibility Study (“Study”) with viable mitigation measures to improve the water quality in the Channel Islands Harbor (“Harbor”). The Study will include as part of the Scope of Services development of an Implementation Plan with cost estimates for the viable strategies. These strategies will be prioritized and include potential funding sources.

To successfully deliver the Feasibility Study and Implementation Plan, it is important for the Consultant to work closely with the City of Oxnard, and the County of Ventura, and other stakeholders to successfully formulate a Feasibility Study and deliver an Implementation Plan that meets the goals for improving the water quality in the Harbor. Additionally, the Consultant will present the Feasibility Study and Draft Implementation Plan to both the City Council and the County Board of Supervisors for review and comments. The Feasibility Study and Final Implementation Plan must be approved by both the Oxnard City Council and the County of Ventura Board of Supervisors.

The Feasibility Study should include, but not be limited to, the following components:

● Background and history of the Harbor and Edison Canal, including the operation of the Mandalay Generating Station (MGS) with a once-through-cooling system for the Power Plant.

● Historical water quality data synopsis.

● Identification of the key data that is necessary to evaluate and measure the success of the Implementation Plan.

● Establishment of the desired Water Quality Goals for the Harbor. These Goals need to meet the Water Quality Objectives that are defined in the Los Angeles Regional Water Quality Control Board’s “Basin Plan for the Beneficial Uses in the Edison Canal, Mandalay Bay, and Channel Islands Harbor” as well as Federal standards and U.S. Army Corps of Engineers, if applicable.

● A list of the potential mitigation strategies that were considered and any alternatives that

1.0 INTRODUCTION

2.0 PROJECT DESCRIPTION
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may have been considered to achieve the Water Quality Goals.

● This Feasibility Study must include a cost benefit analysis with measures for effectiveness toward achieving the established Goals. This analysis needs to include costs for both the short term and long- term maintenance requirements.

● Determine any CEQA/NEPA requirements to implement each prioritized strategy.

● During the development of the Feasibility Study, the Consultant should plan to conduct two public meetings to solicit community input and feedback. The first meeting should coincide with the establishment of the desired Water Quality Goals and Potential Mitigation Strategies. The second meeting should coincide with the Draft Feasibility Study and the Draft Implementation Plan to seek community input.

The Implementation Plan should include, but not be limited to, the following components:

● Evaluation and grouping of prioritized mitigation strategies to achieve the established Water Quality Goals.

● Identified funding sources that can be applied to each strategy or grouping of strategies.

● Potential phasing of the implementation strategies to match funding.

● Identify the methods for evaluating the effectiveness of each phase, including the data that is necessary to evaluate success.

● Development of Implementation Schedule for the selected group of strategies

● Development of the plans, specifications, and engineer’s estimate of probable cost for the recommended strategies

● During the development of the Implementation Plan, the Consultant will conduct at least one public meeting to solicit community input, as identified above. 125
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3.0 TIMELINE OF EVENTS

Proposers will be responsible to carefully examine the requirements contained herein.

Proposed Timeline

DATE ACTIVITY
November 7,2023 Release of Solicitation
November 20, 2023 Last day for Questions by Proposers
Proposer inquiries must be submitted online: Public Purchase website.

December 7, 2023 Submission of the Proposal is to be uploaded to the Public Purchase website at or before 2:00 p.m. local time. https://www.publicpurchase.com

December 11-21, 2023 Review of Proposals
January 8-12, 2024 Proposer Presentations (if necessary) January- February, 2024 Agreement Development/Negotiations March, 2024 City Council approval (if necessary, e.g., over $200,000) March 2024 Contracted work begins

The above dates are tentative and are subject to change as necessary.

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4.0 BACKGROUND
The Edison Canal (“Canal”) was constructed to supply water for cooling the Mandalay Generating Station (“Plant”), located at 251 N. Harbor Boulevard, Oxnard California. The Plant generated electricity for over 60 years and in the process, discharged an average 1.5 billion gallons of water per month from the canal into the Pacific Ocean. The canal is over 2 miles long and begins at the northern end of the Channel Islands Harbor (“CIH” or “Harbor”). The volume of water that was circulated from the Harbor, through the Canal, into the Plant for cooling, and back into the Ocean provided a low residence time of generally less than 5 days for the water in both the Harbor and Canal. The Plant closed in early 2018 and, as a result, all pumping from the Harbor and Canal stopped. According to the “Channel Islands Harbor: Nutrient Sources and Sinks Study” conducted by Aquatic Bioassay & Consulting Laboratories, Inc., this increased the residence time of the harbor water up to 53‐ 70 days at the upper end of the Edison Canal and 23- 30 days between Seabridge and Westport at the northern end of Mandalay Bay.

The area surrounding the Edison Canal consists of some urban development and about 2,400 acres of agricultural land with drains flowing into the Canal. The urban and agricultural run-off, which previously had little impact on the water quality given the volume of water that was pumped out through the Generating Station, in addition to the volume of water that is refreshed through the tidal flow.

An algal bloom occurred in the Harbor in June 2018. The bloom was followed by eutrophication, a widespread low dissolved oxygen level in the water related to bacterial decomposition of the algae. The bloom and subsequent low oxygen event was most likely a result of changes in the water circulation of the CIH that occurred after the cooling water pumps of the Plant were decommissioned on March 29, 2018.

Extensive water sample testing was conducted in 2021. The testing identified numerous threats to the harbor water quality. First, following rain and/or high levels of run-off from irrigation, the water contained elevated levels of the indicator bacteria enterococcus. Many tests recorded the Most Probable Number of bacteria colonies (MPN) in the thousands when the State safety standard is 104. Second, following rain, the toxicity was significantly elevated with 4 of the 9 sample locations resulting in “100% failed 7d survival rate” for mysidopsis bahia (shrimp testing). The exact cause is not known, although pyrethroid pesticide levels also exceeded water quality objectives in the Canal on several occasions. The impact on the food chain is also not known. The third threat is reflected in chronic Eutrophic conditions, or low levels of dissolved oxygen (DO).

DO below 5 mg/L is considered harmful for many marine organisms. During the late spring and summer months, the DO has dropped below 5 at night, but usually recovers during the day. Abundant micro and macroalgae are often observed during these low-oxygen periods.

5.0 GOALS AND OBJECTIVES
The goals of this Feasibility Study and Implementation Plan are to identify the most cost- effective means of improving the Channel Island Harbor Water Quality, to meet the Los Angeles Regional Water Quality Control Board’s water quality objectives for the Beneficial Uses as defined in their Basin Plan.

The following includes, but are not limited to, some preliminary specific project goals and objectives (these should be refined and finalized with key stakeholders and community input):

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• Mitigation Strategy efficiency
• Cost effectiveness in achieving goals
• Optimum and proven technology usage
• Design considerations for best management practices
• Lowest possible maintenance efforts and costs
• Aligns with potential funding sources
• Water quality to meet federal Clean Water Act requirements to protect aquatic life

6.0 CONSULTANT QUALIFICATION
The City requests a comprehensive proposal with recommendations, actions, and procedures to accomplish the project objectives. The Consultant should be committed to providing high-quality work in a reasonable timeframe that meets all applicable industry standards.

Qualified Consultants should have expertise in design and documentation, particularly regarding Water Quality evaluation and mitigation strategies. The C onsultant should provide references for a minimum of three (3) similar completed projects and indicate which team members worked on the similar projects, including the roles they served. Consulting services shall consist of all items of work necessary to complete the tasks outlined in the RFP and shall be performed by professionals.

The Consultant should be committed to providing high- quality design and engineering work in a reasonable timeframe that meets all applicable industry standards and all federal, state, & local governmental agencies requirements.

7.0 SCOPE OF WORK

This work includes community outreach, various presentations at Council , Board, and public outreach meetings, water quality analysis , mitigation strategies, engineering analysis, cost benefit- analysis, cost estimating, alternative scoping and scheduling, prioritization of alternative s, evaluation of maintenance costs, and documentation. The City has engaged a stakeholder group known as the Marine Advisory Committee (MAC) to assist with the oversight and input of this project. This scope of work is intended to provide a broad framework. However, the Consultant shall add tasks and clarifications as needed based upon their experience and understanding of this project.

Task 1: Program Management

1. Project Management . Consultant shall coordinate all efforts of the Project Team that includes representatives from various City of Oxnard (City) departments and the MAC. The Consultant shall facilitate regular progress meetings and provide monthly written updates on the Project status and budget.

2. Project Kick -off Meeting. At the commencement of the Project, the Consultant shall facilitate a “kick-off” meeting with the City staff to discuss the scope and parameters of the Project.

The Consultant shall prepare and distribute a draft agenda in advance of the meeting for revie w and comment by the City. The Consultant shall prepare and distribute meeting minutes within three (3) business days of the meeting. The Consultant shall assume two (2) hours for the kick-off meeting 128
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with staff members.

3. Progress Meetings. Consultant shall host monthly meetings with the City including the MAC. T he Consultant is responsible for developing the meeting information and agenda prior to the meeting and provides meeting minutes within three (3) business days following the meeting. The Consultant shall assume two (2) hours for each meeting.

4. Project Schedule. Consultant shall develop a Project S chedule that details all tasks needed to meet deliverables described in th is RFP. The Project Schedule shall be submitted with the Proposal. The Project Schedule shall be updated after each Progress Meeting, as part of the meeting minutes, showing progress of each task on a monthly basis.

5. Project Communication. Consultant shall develop a Communications P rotocol to be followed by all team members. The Communications Protocol is to be submitted within one (1) week of starting the Project. This will include standard project communications as well as emergency communication protocols.

6. Project Coordination. Consultant shall coordinate all the services of sub-consultants, including site visits and inspections, and shall ensure coordination with the City operations, the project manager, and other necessary staff as outlined by the City.

7. Quality Assurance and Quality Control (QA/QC). The Consultant shall develop a QA/QC plan, to be followed for all submittals, within two (2) weeks of starting the project.

The plan shall include the staff that is responsible for reviewing, design, and documentation, as well as the means for integrating review comments from the City.

8. Invoicing . The Consultant shall submit monthly invoices that include a breakdown of hours worked for each staff member working on the project and the contribution of each staff member to the proje ct. The invoice should also indicate the level of completion for each task to ensure the consultant is within budget . All supporting documentation shall be in a format that is acceptable to the City. Invoices requiring an amendment shall be dated according to when the revised invoice is delivered to the City. Invoices shall be delivered electronically to the Project Manager and to
[email protected]

A sample of progress payments will be given to the awarded consultant. This will be used for submitting and approving payment through the duration of projects.

9. Public Meetings. The Consultant shall facilitate 3 public meetings as described in this RFP. For each meeting the Consultant shall prepare and del iver a PowerPoint presentation and the exhibits needed to conduct the meetings. The meetings will be held at City Hall or another venue as needed . The costs of the venue shall be borne by the City directly.

Additionally, comment cards, surveys, and othe r means of seeking community input shall be prepared and deployed by the Consultant for a broad range of public outreach.

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City Council meeting and one Board of Supervisors meeting described in this RFP. For each meeting, the Consultant shall prepare and deliver a PowerPoint presentation and exhibits needed to conduct the meeting.

Task 1: DELIVERABLES

1. Kickoff Meeting

2. Progress Meetings

3. Public Meetings

4. Project Schedule

5. QC/QA of All deliverables

Task 2: Data Gathering, Site Visits, and Preliminary Investigations

The Consultant shall review and assess existing data and reports, relative to the Project and conduct all necessary site visits, investigations, and analysis required to identify and the project issues that includes:
● Existing and available records/ reports provided by the City/stakeholders and researched by the Consultant
● Input and information from key stakeholders

It is expected that the Consultant will utilize available mapping and develop their own exhibits as needed to complete the deliverables.

Task 3: Problem Definition Statement, Goals, and Objectives

The Consultant shall develop a Problem Definition Statement for the Project based upon the findings of the work completed in Task 2.

The Consultant will also identify and refine the Project Goals a nd Objectives that will be used to evaluate the range of alternatives for their effectiveness and priority. These Goals and Objectives shall be developed in concert with the Stakeholders , including MAC. The Goals and Objectives may be broad in scope, how ever, some form of performance metrics and/or criteria shall be established to gauge each alternative. The actual evaluation will be done in a subsequent task below.

Task 3: DELIVERABLES

1. Problem Definition Statement

2. Goals and Objectives, that includes performance metrics and/or criteria

Task 4: Identification of Mitigation Strategies

The Consultant shall develop a list of potential Mitigation Strategies that responds to the Problem Definition Statement, as well as the Goals and Objectives. An initial screening shall be done during this task to evaluate the viability and effectiveness of each alternative against the established performance metrics or criteria.
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The following list is provided to initiate dialogue for the range of potential Mitigation Strategies.

However, the Consultant is expected to provide other alternatives and modify, or clarify these as necessary. Nothing in this list of Mitigation Strategies shall be viewed as any preference toward any one or group of potential mitigation strategies, but rather to provide a starting point for the development of this task.

1. Address Water Circulation in the Harbor
a. Pumping option from north end of the Edison Canal to the Pacific Ocean b. Pumping high residence time water to increase circulation

2. Options for Nutrient Source Control
a. Filter nutrient and contaminant flow into the Edison Canal b. Mechanical filtration of all (or a portion) storm water flow into the Edison Canal c. Bio-swales along the dirt canals (Doris, West 5th Street, and Wooley Drains) that are located upstream of the Edison Canal
d. Mechanical filtration of the Oxnard west drain
e. Denitrifying bioreactors
f. Capture agricultural runoff and re-use in the agriculture fields

3. Options for Mechanical Filtration (Stormwater 360 or similar) of urban stormwater

4. Options for the Decommissioned Edison Canal
a. Develop engineered wetlands
b. Fill canal and reroute drainage to historic ~ 50 acres of wetlands located northwest of Fifth St and Harbor Blvd. (currently managed by State Parks).

5. Other Potential Alternatives.

Task 4: DELIVERABLES

1. List of potential Mitigation Strategies

2. High level evaluation of each strategy against the Goals and Objectives and viability.

3. List of recommended Mitigation Strategies

Task 5: Mitigation Strategies Analysis Report

The Consultant shall refine the strategies from Task 4, including the following:

1. Scope definition

2. Identification of similar strategies that have been deployed elsewhere and the evidence to meet the Project Goals and Objectives

3. Permits required

4. Environmental documentation required for implementation

5. Estimate of costs including soft costs

6. Anticipated schedule for implementation

7. Identify the recommended Lead Agency

8. Identify potential funding sources and grant opportunities

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Task 5: DELIVERABLES

1. Draft and Final Mitigation Strategies Analysis Report

Task 6: Development of an Implementation Plan

The Consultant shall work with the City and MAC to develop a comparative methodology to evaluate the Mitigation Strategies against each other to then establish a prioritized list for implementation. It is expected that the identified priorities may be a group of projects that rise to the best value for implementation, while also meeting the project objectives. This Task will culminate in the development of an Implementation Plan.

The Implementation Plan should include, but not be limited to, the following components:

1. Evaluation and grouping of prioritized mitigation strategies that could be implemented to achieve the established Water Quality Goals and Objectives.

2. Identified funding sources that can be applied to each strategy or grouping of strategies.

3. Potential phasing of strategies to match funding availability.

4. Identify the methods for evaluating the effectiveness of each phase, including the data that would need to be collected and evaluated to determine success.

5. Development of Implementation Schedule for the selected group of strategies

6. Development of the plans, specifications, and engineer’s estimate of probable cost.

7. During the development of the Implementation Plan, the Consultant should conduct at least one public meeting to solicit community input on the strategies that are recommended for implementation.

Additionally, the Consultant shall conduct at least one City Council and one Board of Supervisors presentation on the Draft Implementation Plan.

8. The Final Implementation Plan must be approved by both the Oxnard City Council and the County of Ventura Board of Supervisors.

Task 6: DELIVERABLES

1. Draft and Final Implementation Plan

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8.0 PAYMENT REQUIREMENTS

Invoices shall be monthly and provide a breakdown of hours charged by person by task. The invoice shall be accompanied by a Progress Report including identification of the level of completion on each task. The Progress Report shall describe work accomplished in the current period and work anticipated in the next period.

9.0 PROPOSAL REQUIREMENTS

A sample Agreement for Professional Services (may be amended to include most recent grant requirements and grant provisions) is attached (RFP Exhibit 1). Review the indemnity and insurance requirements (Exhibit 2) for this project in the Agreement. The Consultant is expected to meet those requirements. The Consultant must comply with applicable federal, state, and local laws including prevailing wage rates and their payment in accordance with California Labor code, Section 1775.

Prevailing wage does not apply to Professional/Consulting Services.

General

1. All interested and qualified consultants are invited to submit a proposal for consideration. Submission of a proposal indicates that you have read and understood the entire RFP, including all schedules and addendums (as applicable), and that all concerns regarding the RFP have been satisfied.

2. Proposals must be submitted in the format described below. Proposals are to be prepared in such a way as to provide a straightforward, concise description of the capabilities to satisfy the requirements of this RFP.

3. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

4. Proposals must be completed in all respects as required in this section. A proposal may not be considered if it is conditional or incomplete.

5. Responses are to be clear and complete. Be as specific as possible and include explanations where necessary.

Proposal Presentation

1. All proposals must be submitted electronically via PublicPurchase.com (see RFP Terms and Conditions for details) and formatted for 8 ½” x 11” sheets of paper, neatly typed, with standard (1 inch) margins, and single -spaced with headings, sections, and sub- sections identified appropriately. The font must be at least 11 pt.

Each page, including attachments, must be clearly and consecutively numbered at the bottom center of each page.

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2. The technical proposal must be divided into three (3) sections (and appendices) with references to parts of this RFP done on a section number and sub- section basis. The proposal shall be limited to 30 pages, not including resumes of key personnel.

Proposal Format
Proposing firms must provide this information in the following format:

Proposal Cover Page
The outline below is to be used as the cover page for the proposal. These items must be fully completed and signed by an authorized officer of the business entity. ● Name of Business/Company:
● Business/Company Address:
● Telephone Number(s):
● E-mail Address:
● Website Address:
● Federal Tax ID Number:
● Type of Business (Sole Proprietorship; Partnership; Corporation; or Other (Explain):
● Number of Years in Business:
● Name, title, telephone number, and address of the person(s) proposed as the Project Manager:
● Name, title, telephone number, and address of the person(s) authorized to sign contracts for the business entity:
● Certificate of Insurance showing a minimum of $1 M in Professional Liability (not included in page count).

Proposal Table of Contents
All pages of the proposal, including the enclosures, must be clearly and consecutively numbered and correspond to the Table of Contents as outlined below:

Section 1: Firm Qualifications and Experience
This section should establish the firm’s ability to perform the required work to the expectations of the City. The narrative should include the consulting firm’s background, including main business focus, length of time in business, number of employees, the location that will primarily support the project. Any subcontractors utilized on this project must be identified in this section. Areas to focus on include:
● Introduction to the firm
● Strength and stability of the firm
● Overview of the firm’s capabilities in project scope
● Describe three (3) projects similar to this scope of work that have been completed for public agencies, water/sanitary districts, federal government, or private companies. Include the name of the organization, and the address, name, email, and telephone number for the owner’s point of contact. Note the relevance of each project to the
Objectives of this project. Brief descriptions of additional projects that demonstrate the
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firm’s track record to perform the required services may be included in tabular format. Include identification of proposed staff that worked on similar projects and the role they served on said projects.
● Provide reasoning why the prospective firm would be the best cho ice for providing services as described in the RFP.

Section 2: Staff Experience
This section should introduce the key staff that the firm shall commit to the project. The section shall include:
● An Organizational Chart that shows the Project Manager, Task Leaders, sub- consultants, and other key team members. If the Project Manager is not an Officer of the firm, include a Project Director that is authorized to sign contracts for the firm.
● Biographical sketches of each staff member that the consultant expects to lead each task, reason(s) why the staff member was selected to lead the task, and a statement that the proposed staff members are available during the proposed schedule for the task. Include resumes in an appendix, which will not be included in the page count. Include the biographical sketches and resumes of any subcontractors that have key roles in the project.
● The current workload for the proposed team members as it relates to the ability to perform this work to the planned project schedule.
● Work Breakdown Structure (WBS) with a summary of hours by task and by labor class for the project team members. This should be provided in a table format. Do not include rates or total costs in the technical proposal.

Section 3: Scope of Work Understanding and Schedule
The firm should clearly state its understanding of the project objectives, scope of work, and anticipated deliverables. There are specific tasks to complete for this project with anticipated deliverables clearly outlined. The selected consul tant must complete all tasks; proposals to complete only a portion of the tasks will be deemed nonresponsive and will not be evaluated. Do not simply repeat the scope of work provided. Instead, address the following areas in the proposal:
● Describe the key challenges associated with the project and the firm’s approach to overcoming these challenges.
● Describe your firm’s approach to the work and how it will benefit the City. ● Outline processes or steps that the consultant will take to ensure quality deliverables. The process shall include a monthly work status summary report where the project status and schedule adherence shall be reported, and challenges identified.
● The contract for this project shall incorporate the scope of work. The firm may wish to include options and enhancements to the scope of work for the City’s consideration. Portions of the firm’s proposal may be considered for inclusion into the contract Scope of Work at the City’s discretion. The firm shall not be 135
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permitted to levy any ser vice or other charges against the City, other than those listed in Scope of Work, without being previously negotiated with the City.

As part of the firm’s demonstration of Scope Understanding, prepare a proposed Critical Path schedule for the completion of each task and subtask. The schedule shall be prepared using MS Project, and include the following elements:
● Activities
● Milestones
● Early start and finish dates
● Late start and finish dates
● Activity duration
● Logic link relationships between tasks

The schedule may be submitted on an 11”x17” sheet of paper and will count as one (1) page.

Appendix A. Resumes of Key Staff
Include resumes of key staff, including key sub-consultants’ staff. Limit each resume to two (2) pages.

Resumes are not included in the overall page count. Fee Proposal- (submit separately from the technical proposal)
Please Note: The Fee Proposal is to be kept separate from the technical proposal and submitted separately. The costs will be reviewed after the contents of the proposals are reviewed and rankings are determined.

Cost proposal for all items listed in this RFP shall include all labor, transportation, administrative, overhead, incidentals, etc. and all other items as listed in the scope of work.

Please submit cost by task, n umber of hours, and classification of the team member performing task and subtask, and direct costs. Show a total time and materials, not -to- exceed fee to deliver the scope of work. If your proposal includes enhancements above the scope of work, please show the cost of these enhancements below the fees.

Conflict of Interest
The Consultant shall disclose any financial, business, or other relationships with City or other stakeholders that may have an impact on the outcome of this contract. The Consultant shall list current clients who may have a financial interest in the outcome of this contract.

Prevailing Wage
The State of California, Department of Industrial Relations, has ascertained the general prevailing rate of wages and employer payments for healt h and welfare, vacation, pension, and similar purposes applicable to the field work to be done, including but not limited to mapping and surveying, geotechnical investigation, potholing and traffic control services.

These rates shall be the minimum wage ra tes for this task of the project. These rates are on file with the City of Oxnard and copies will be made available to any interested party upon request.

State Bill (SB) 854
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SB 854 bill signed into law on June 20, 2014, established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. The Department of Industrial Relations (DIR) requires all contractors and subcontractors who bid or perform work on a public works project (as defined under the Labor Code) be subject to a registration and annual renewal fee. Contractors must apply online and meet minimum qualifications to be registered as eligible to bid and work on public works projects. The requirement to list only registered contractors and subcontractors on bids became effective on March 1, 2015. The requirement to only use registered contractors and subcontractors on public works projects applies to all projects awarded on or after April 1, 2015. This project shall comply with the requirement of SB 854.

Coverage is not limited only to work performed at the construction site by the traditional construction trades but extends broadly to workers employed “in the execution of” the public works contract.

Survey and Geotechnical Services will only need to register if the scope of services provided would require the payment of prevailing wage and be considered to be covered under the California Labor Code. Even though survey and geotechnical services typically are viewed as consultants and generally do not necessarily fit the term “contractor,” compliance with section SB 854 wil l be required by the Department of Industrial Relations ("DIR"). Essentially, if the services provided by a survey or geotechnical services firm would be considered to be covered under the applicable California Labor Code sections, then they should register. It should be noted that only the firm needs to register and not individual licensed design professional(s).

10.0 COMMUNICATIONS REGARDING RFP

Communications Regarding RFP
All questions, clarifications, and inquiries shall be submitted in writing on the City of Oxnard, Public Purchase website, https://www.oxnard.org/rfps-and-rfqs/ by the date
identified in the timeline of the RFP.

Confidentiality
Prior to the award of the contract, all proposals will be designated confidential to the extent permitted by the California Public Records Act. Any language purported to render confidential in all or portions of the proposals will not affect and will be disregarded.

Amendments to Request for Proposals (Addendum)
The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date.
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11.0 EVALUATION AND SELECTION OF CONSULTANT

Selection will be conducted according to the City’s adopted procedures for the evaluation and selection of a Consultant. The City may request a qualification interview with the shortlisted Consultant(s) prior to determining the final ranking. The award of the contract will be based on a combination of the factors listed below. The City reserves the right to reject any proposal without any reasons.

The firm rated as most qualified to provide the requested services, and agrees to execute the City’s Agreement for Professional Services (may be amended to include most recent grant requirements and federal provisions), including the indemnification clause (Section 23 of Exhibit1) and Insurance Requirements (Exhibit 2) will be invited to negotiate a final contract. If an Agreement is not reached; negotiations will be terminated and commenced with the next firm ranked as most qualified.

All responses become the property of the City. The proposals are confidential until the award of a contract to the selected Consul tant. The City will not be responsible for materials obtained by other parties. In order to meet federal guidelines required to utilize federal funding, the City intends to select a firm to provide the professional services requested by this RFP based on the federal guidelines described below. Proposers must demonstrate experience performing the type of professional services requested for this project. Proposers shall address each of the tasks and qualifications with their specific experience details. A pro posal with a high weighted total will be deemed of higher quality than a proposal with a lesser -weighted total. The final maximum score for any project is one hundred (100) points.

Rating Scale

0 Not Acceptable Non-responsive, fails to meet RFP specifications. The approach has no probability of success. For the
mandatory requirement, this score will result in
disqualification of the proposal.

1 Poor
Below average, falls short of expectations, is
substandard to that which is the average or expected
norm, and has a low probability of success in achieving project objectives per RFP.
2 Fair Reasonable probability of success, however, some objectives may not be met.

3 Average
Acceptable, achieves all objectives in a reasonable
fashion per RFP specification. This will be the baseline score for each item with adjustments based on the
interpretation of the proposal by Evaluation Committee
members.
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4 Above Average/Good Very good probability of success, better than that which is average or expected as the norm. Achieves all
objectives per RFP requirements and expectations.

5 Excellent/
Exceptional
Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm.

Excellent probability of success and in achieving all
objectives and meeting RFP specifications.

No. Written Evaluation Criteria Weight
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 30
3 Organization & Approach 30
4 Scope of Services to be
Provided
15 5 Schedule of Work 20
6 Conflict of Interest Statement Pass/Fail
7 References 5
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1. Completeness of response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the evaluation criteria, and will receive no further consideration.

2. Capability, Qualifications & Experience of the firm along with its sub consultants (25 points)
Relevant experience, specific qualifications, and technical expertise of the firm and sub - consulting firms to conduct consulting, architectural , and/or engineering services on both federal-aided and non-federal-aid projects. The consultant experience of working with other Public Works agencies is an example of a type of experience the City is looking for.

3. Organization & Approach (20 points)
A. Describes familiarity of the project and demonstrates an understanding of work B. Roles and Organization of Proposed Team
● Proposes adequate and appropriate disciplines of the project team. ● Some/all of the team members previously worked together on a similar project(s).
● The overall organization of the team is relevant to the City’s needs.

C. Project and Management Approach
● The team is managed by an individual with appropriate experience in similar projects, and this person’s time is appropriately committed. ● The project team and management approach respond to project issues. ● Team structure provides the adequate capability to perform both volume and quality of needed work within project schedule milestones.

D. Roles of Key Individuals on the Team
● Proposed team members, as demonstrated by enclosed résumés, have relevant experience for their role in the project.
● Key positions required to execute the project team’s responsibilities are appropriately staffed. Demonstrate availability of key staff needed to meet the overall project schedule.

E. Working Relationship with the City
● Team and its leaders have experience working in the public sector and knowledge of the public sector procurement process.
● Team leadership understands the nature of public sector work and its decision- making process.
● The proposal responds to the need to assist the City during the project.

4. Scope of Services to be provided (20 points)

F. Detailed Scope of Services to be provided
● The proposed scope of services is appropriate for all phases of the work. ● Scope addresses all known project needs and appears achievable in the 140
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timeframes outlined in the project schedule.

G. Project Deliverables
● Deliverables are appropriate to schedule and scope
H. Cost Control and Budgeting Methodology
● The proposer has a system or process for managing cost and budget. ● Evidence of successful budget management for a similar project.

5. Schedule of Work (20 points)

● The schedule shows completion of the work within or preferably prior to the City’s overall time limits as specified in Solicitation Section 3. ● The schedule serves as a project timeline, stating all major milestones and required submittals for project management and federal-aid compliance.
● The schedule addresses all knowable phases of the project.

6. Conflict of Interest Statement (Pass/Fail)

● Discloses any financial, business, or other relationship to the City that may have an impact upon the outcome of the contract.
● Lists current clients who may have a financial interest in the outcome of this contract.

7. References (10 points)

Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past three (5) year
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Tab A – Proposal Checklist
Instructions:

a) This section must be filled in and each item checked off to ensure all items requested by the City in this solicitation have been submitted.

b) Follow the instructions in each section of this solicitation.

c) Present all requested items in the index tabs ordered A through G as shown.

d) Label each item presented and include additional items on your table of contents.

e) All proposals must include a detailed description of each proposed service to be provided.

f) Proposers that do not follow the bid instructions found in the separate document titled “Terms and Conditions” may be found to be “non-responsive” and disqualified from the bid process.

Name of Company:

Service to provide:

Main Point of Contact:

E-mail: Phone:
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Tab A Proposal Submission Checklist
General Proposer Information
Please provide one copy of the following items in your proposal. Indicate the page number where the item is located.

Page Number
☐ Tab A: Proposal Checklist (this page)
☐ Tab B: Acknowledgements
☐ Tab C: Company Profile/ Experience
☐ Tab D: Scope of Services
☐ Tab E: References
☐ T ab F : C ost/B udget N arrative
☐ Tab G: Proposer Attachm ent

CERTIFICATION

I, the undersigned, certify and declare I have read and kn ow the contents of the proposal the proposer listed below is submitting to the City of Oxnard (“City”). I certify under penalty of perjury that the preparer(s) of this proposal has/have provided only complete and truthful information to the City in this proposal. I understand that any misrepresentations or material omissions within this proposal will be grounds for potentially disqualifying the proposer or not awarding the contract to the proposer. Additionally, any misrepresentations or material omissions within this proposal are considered breaches of the contract (should the proposer be awarded that contract); the City shall have the right to terminate the contract immediately without consequences, and the City retains all other legal rights available to the City for breach of contract.

I, the undersigned, hereby give permission to the City and its employees and agents to contact references —including those references’ officials, employees, and agents (collectively, “References”) —of the proposer and its of ficers, managers, members, general partners, limited partners, or other owners of at least ten percent (10%) of the business, or if the business is a corporation or s-corporation, of its stock (collectively, “Owners”), and request information from other clients—including those clients’ officials, employees and agents (collectively, “Other Clients”). I further give permission for the City to review any criminal records of the Owners and obtain public records regarding the Owners, such as records of arrests, indictments, convictions, civil judicial actions, tax liens, and outstanding judgments. I have authority to waive, and I do waive, any and all rights and claims by the proposer, the Owners, and all of their heirs and assigns against the City and its officials, employees and agents, the References, and the Other Clients regarding any actions taken pursuant to, related to or incidental to, the authorization given in this paragraph.

Furthermore, I agree that the City and its officers, employees and agents may but have no obligation to share any such information.

I am executing this proposal on behalf of the proposer. I warrant and represent under penalty of perjury that I have the authority to execute this proposal on behalf of the proposer and I have the authority to bind the proposer to the answers provided in this proposal. If any information provided herein becomes inaccurate, I will immediately notify the City and provide updated accurate information in writing, under penalty of perjury. 143
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CERTIFICATIONS
I, of
Printed Name of Agent/Officer Name of Organization

Hereby certify that by submission of this proposal in response to the solicitation, agree upon contract award to carry out the requirements specified and obligations set forth therein.

Signature: Date:

Title of Agent/Officer:

Execution hereof is certification that the undersigned has read and understands the terms and conditions hereof, and that the undersigned's principal is fully bound and committed.

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Tab B - Acknowledgement

1. Clarifications, Exceptions, or Deviations
All Proposer(s) shall describe any exception or deviation from the requirements of the solicitation. Each clarification, exception, or deviation must be clearly identified. If your company/firm/sole proprietorship has no clarifications, exceptions, or deviations, a statement to that effect shall be included in this section. The sample service agreement is a separate attachment discussed in the solicitation labeled “Sample Agreement" and “Proposer Terms and Conditions” document located on the Public Purchase website and incorporated herein by this reference.

The following contractual terms are non-negotiable:
a. Termination
b. Indemnification
c. Insurance
d. Conflict of Interest
e. Governing Law
f. Assignability of Agreement
Do you have any other exceptions/deviations? If so, please identify the exception and provide an explanation:

PROPOSER’S RESPONSE:

2. Evidence of Insurability/Business Licenses
All Proposer(s) shall submit evidence of all required insurance. If awarded the contract the Proposer has ten (10) calendar days to produce the required insurances, including a certified endorsement naming the City as additionally insured. The Proposer shall certify to the possession of any and all current required licenses or certifications. Proposer must provide a copy of current business license or other applicable licenses.

3. Transition (If applicable)
Upon expiration or termination of this agreement for any reason, during the transition close-out period the company/firm/contractor agrees to:
a. Continue delivering services until notified otherwise; and b. Assist the City in the orderly transition and transfer of all collaborations and committees to the City and the subsequent company/firm/contractor; and
c. Provide, in a timely manner, all file and information deemed necessary by the City for use in subsequent contracting activities without additional cost to the City or the new company/firm/contractor, upon termination or expiration of this agreement for any reason; and d. Cooperate with the City during a transition close -out period to ensure orderly and seamless delivery of services to the City.
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Tab C - Company Profile/Experience
This section of the proposal is designed to establish the proposer as an entity with the ability and experience to operate the program as specified in the solicitation. The company profile should be concise and clear, including descriptive information regarding service delivery. The following information must be provided as follows:

1. Business name and legal business status (i.e. partnership, corporation, etc.).

PROPOSER’S RESPONSE:

2. Company overview and disclosure of services or activities performed, including:

a. The City of Oxnard is a public agency with a City Council composed of elected officials. The elected officials are restricted from voting on any action concerning a contract whose owners have made a campaign contribution of $250 or more in the previous 12 months. To assist them in their decision making process, please indicate the owners of the company and if any contributions were made to any Oxnard elected officials.
b. Company hierarchy (President, Vice President, Company Officers, etc.) and an organizatio nal chart.

The organizational chart shall clearly identify all staff members that will provide services under this contract.
c. The number of years in business under the present business name, as well as prior business names, and the number of years of experience providing the proposed, equivalent or related services. d. Location of the office from which the work under this contract will be provided and the staff allocation at that office.

a. PROPOSER’S RESPONSE:

b. PROPOSER’S RESPONSE:

c. PROPOSER’S RESPONSE:

d. PROPOSER’S RESPONSE:

3. An explanation of any litigation, current or within the last 5 years, involving the Proposer or any principal officers thereof in connection with any contract. Is your firm, or the principals associated with your firm, under investigation, being sued, suing, or affiliated in any lawsuit or alternative dispute resolution with any governmental agency? If so, please provide details.

PROPOSER’S RESPONSE:

4. List the members of your organization who are authorized to negotiate the agreement. Please provide an email address for each individual listed.
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PROPOSER’S RESPONSE:

5. Credentials/Resumes/Certifications/Licenses:

Proposer shall specifically provide the following information on all employees to be providing services related to this solicitation:

a. Current Responsibilities
b. Qualifications/Experiences
c. Education
d. Certifications/licenses, if applicable
e. List other pertinent information that will assist in evaluating Proposer’s qualifications.

a. PROPOSER’S RESPONSE:

b. PROPOSER’S RESPONSE:

c. PROPOSER’S RESPONSE:

d. PROPOSER’S RESPONSE:

e. PROPOSER’S RESPONSE:

Proposer can add as many sections to this response box as it needs to state all employees providing services.

6. Certification of Non -Debarment (If this solicitation will be receiving grant funding, this section would be applicable, if not, please remove)

The City of Oxnard will be receiving Federal or State Grant funds.

The potential proposer must go to the following website:

(https://www.sam.gov/portal/public/SAM) and submit a printout with their proposal that verifies that the contractor is not listed on the Excluded Parties Listing System (EPLS) (Executive Order 12549, 7 CFR Part 3017, 45 CFR Part 76, and 44 CFR Part 17). If awarded a contract, awarded vendor must notify the City immediately if debarred at any time during the contract period. 147
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Vendors must certify that it or any of its subcontractors do not appear on State and Federal exclusionary lists, including but not limited to:

i. General Services Administration (GSA) Excluded Parties Lists System (EPLS) ii. In the event the vendor is excluded, ineligible, or terminated from participation in State and/or Federal programs, the solicitation process shall be subject to immediate termination and a contract will not be awarded.

PROPOSER’S RESPONSE:

CERTIFICATIONS
As an authorized representative of my Firm/Company/Sole Proprietorship, I hereby attest that my Firm/Company/Sole Proprietorship is not excluded, ineligible, or terminated from participation in State or Federal programs and does not appear on any of the following lists:

a. General Services Administration (GSA) Excluded Parties Lists System (EPLS)

I further attest that if selected, my Firm/Company/Sole Proprietorship will conduct regulatory sanction and exclusion screenings of subcontracted entities prior to engagement with said entities and monthly thereafter.

I understand that if my Firm/Company/Sole Proprietorship becomes excluded, ineligible, or terminated from participation in State and Federal programs, any contracts held with the City will be subject to immediate termination for cause.

Signature: Date:

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Tab D - Scope of Services
This solicitation has a space provided under each question the City has of the Proposer. This solicitation is available for electronic download at www.publicpurchase.com.

Proposers must address all points in this section. All responses are in italicized font in the box.

Summary of Services

1. Provide a summary of the work plan and/or methodology and physical resources (staff and equipment) your company will commit to ensure successful project completion.

PROPOSER’S RESPONSE:

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Tab E - References

All Proposer(s) must include present and past performance information with a minimum of three (3) references of recent similar projects. References cannot include City staff as a reference. However, references can include other governmental agencies. Please verify that all reference information is correct.

Reference 1
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

Reference 2
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

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Reference 3
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

1. Provide a list of contracts that your company has been awarded during the last three (3) years, showing year, type of services, dollar amounts of services provided, location, contracting company, contact name, and phone number.

PROPOSER’S RESPONSE:

2. Provide details of any failure or refusal to complete a contract. If none, that must be stated.

PROPOSER’S RESPONSE:

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Tab F - Cost Proposal/Budget Narrative
In this section, please complete and include this Cost Proposal. Cost Proposals will be disclosed to the evaluators after the evaluation of the technical proposals has been completed. The City reserves the right to negotiate final fees with the selected Contractor(s). Proposals must fully describe all costs of charges to the City as part of this service/project. As stated in the Cost Proposal, Proposers must provide fully inclusive blended rates, which are all - encompassing of the Proposer’s project-related or supported expenses, including travel expenses. Proposers may also include any other documents as information to further explain the proposed costs.

Proposals must be submitted electronically via PublicPurchase.com.

The Cost Proposal is required to be submitted separately from the technical proposal. 152
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Tab G - Proposer Attachment
Any response that Proposers are finding difficulty pasting into the “Proposers Response” boxes in any section of the solicitation, proposers shall paste in Tab G. When pasting attachments to Tab G, label the attachments “Attachment 1”, Attachment 2” and so forth. Enter the corresponding “Attachment Number” into the Proposer’s Response box as the example shows below:

Below is an example:

Tab C - Company Profile
This section of the proposal is designed to establish the proposer as an entity with the ability and experience to operate the program as specified in the solicitation. The Company Profile should be concise and clear, and include descriptive information regarding service delivery. The following information must be provided as follows:

1. Business name and legal business status (i.e. partnership, corporation, etc.)

PROPOSER’S RESPONSE: Located in “Attachment 1”

2. Proof of non-profit status, if applicable

PROPOSER’S RESPONSE: Located in “Attachment 2”

Tab G - Any response that Proposers are finding difficulty pasting into the “Proposers Response” boxes in any section of the solicitation, proposers shall paste in Tab G. When pasting attachments to Tab G, label the attachments “Attachment 1”, Attachment 2” and so forth. Enter the corresponding Attachment Number into the Proposer’s response box with the words “See Tab G.” List all attachments with an index tab.

List all attachments included in this Section. Please use additional pages to list attachments if necessary.

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Rev Date: 02.18.2020

Attachment
Number
Document Title Page Number
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Attachment 8

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Page 1 ends

Proposal for
RFP #PW24-48
Channel Island Harbor Water Quality
Feasibility Study & Implementation Plan

Name of Business/Company
Cratwater Engineering, Inc.

Business/Company Address
11026 Caminito Vista Pacifica, SD, CA 92131
Telephone Number 805-729-0943
E-mail Address [email protected]
Website Address www.craftwaterinc.com
Federal Tax ID Number 83-4491771
Type of Business Corporation
Number of Years in Business 4.5

Proposed Project Manager
Brianna Datti, Lead Engineer – Water Quality
Science and Regulations, 603.988.6997, 401 W
A St, Ste 200, Office 87, San Diego, CA 92101
Officer Authorized to Sign Contracts
Brad Wardynski, Sr. Project Manager and COO,
213-393-2392, 401 W A St, Ste 200, Office 87,
San Diego, CA 92101
I certify that I am authorized to sign contracts
for Craftwater Engineering:________________
Certificate of Insurance See next page
https://commons.wikimedia.org/wiki/File:Hampton_Inn_Oxnard_Aerial.jpg

Proposed by: In Partnership With:
155

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:

PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:

LOCJECT

COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $

PER OTH-

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City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 2

TABLE OF CONTENTS

1. FIRM QUALIFICATIONS & EXPERIENCE .......................................................................................................... 3

1.1 FIRM INTRODUCTION ............................................................................................................................................ 3

1.2 STRENGTH & STABILITY ......................................................................................................................................... 6

1.3 CAPABILITIES & DIFFERENTIATORS ........................................................................................................................... 6 Fresh, Clear-Eyed Perspective .............................................................................................................................. 6 Creative Yet Pragmatic Planners .......................................................................................................................... 7 Holistic Local Understanding ................................................................................................................................ 8 Award-Winning Designers of Grant-Competitive Projects ................................................................................... 8

1.4 RELEVANT PROJECT EXAMPLES ............................................................................................................................. 9

2. STAFF EXPERIENCE ................................................................................................ ...................................... 14

2.1 ORGANIZATIONAL CHART ..................................................................................................................................... 14

2.2 KEY STAFF BIOGRAPHICAL SKETCHES ....................................................................................................................... 15

2.3 WORK BREAKDOWN STRUCTURE ............................................................................................................................ 22

3. SCOPE OF WORK UNDERSTANDING AND SCHEDULE................................................................................... 23

3.1 UNDERSTANDING ............................................................................................................................................... 23

3.2 APPROACH ........................................................................................................................................................ 23

3.3 PROPOSED SCHEDULE ......................................................................................................................................... 30 APPENDIX A – RESUMES OF KEY STAFF
APPENDIX B – PROPOSAL CHECKLIST
ATTACHMENT 1 – COMPANY ORGANIZATIONAL CHART
ATTACHMENT 2 - GENERAL SERVICES ADMINISTRATION EXCLUDED PARTIES LISTS SYSTEM CERTIFICATION ATTACHMENT 3 – RECENT CONTRACT LIST
The project team has been a delight to work with. They have been on time, delivered on their promises, they have done everything we have asked them to do. I’d have to say… one of the best consultants that I’ve worked with in recent memory. -Lisa Rapp, Public Works Director, City of Lakewood, California 157
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 3

1. FIRM QUALIFICATIONS & EXPERIENCE
Below we introduce the Craftwater Team and our differentiating background and experience.

1.1 FIRM INTRODUCTION
Craftwater is a California-certified Disabled Veteran Owned Business Enterprise (DVBE) and Micro Business (MB) founded in 2019 and headquartered in San Diego.

We were founded on the principles of engineering expertise, regulatory acumen, and state-of-science practices to deliver agile, full -breadth service to the stormwater market in California. Our rapidly growing team of associates are skilled at adapting to the continuously evolving regulatory environment, yet grounded enough to deliver high-quality and readily-constructible designs. As trusted strategic advisers and designers, our mission is to always act genuinely to advance the best interests of our clients, the environment, and the state of science by designing real solutions for total water cycle management.

Craftwater provides a robust, well- rounded team of consultants offering a wide array of specialized water -related services. While many firms are known for their qualifications in just one or two areas of expertise, Craftwater’s business model was intentionally designed to provide our municipal clients with trusted consultation across the full spectrum of stormwater program management. In practice, this means we apply watershed planning principles to our technical work; we leverage the latest watershed science and regulatory fluency to maximize the value of our infrastructure designs; and we insist that the real -world monitoring outcomes and engineering challenges we encounter in the field are accounted for in our watershed modeling analyses. This unique, full -circle approach allows our team to shape meaningful regulatory policy, while reducing costs and maximizing impacts of each dollar spent. Our full integration across all areas of stormwater management helps avoid the pitfalls of changing teams between phases of each project, and demonstrates our team’s expertise and sound knowledge to deliver actionable, resilient solutions.

Our team brings a diverse perspective to the City from our recent experience providing stormwater management services across a broad range of rural to urban watersheds from the Mexican border to the Bay Area, nationally, and internationally. We are also finely attuned to the nuances of the City’s water quality regulations because we just completed the draft Ventura Countywide Watershed Management Programs in collaboration with the City.

FULL-SPECTRUM STORMWATER PROGRAM STEWARDSHIP

WATER QUALITY SCIENCE,

REGULATIONS, &
MONITORING:

Apply the latest watershed
science to build meaningful
compliance strategies founded in
local, measurable metrics

WATERSHED MODELING
& PLANNING:

Develop actionable, implementati
on-oriented programs customized
to the local environment

STORMWATER CAPTURE
FEASIBILITY & DESIGN:

Design multi-benefit infrastructure
expertly engineered to meet
environmental and community
needs

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Craftwater is proud to team with locally and nationally respected experts Rincon, GHD, and Villa Civil. Given the interdisciplinary scope, we deliberately selected each member of this team to fill a specialized role and best serve the City—each partner’s experience, qualifications, and technical resources is complementary and focused on the specific tasks of the request for proposals (RFP).

Rincon Consultants, Inc. (Rincon) is a multi -disciplinary environmental sciences and planning firm providing quality professional services to government and industry clients.

Rincon staff are proud of the considerable depth of environmental scientists and engineers, certified urban planners, sustainability experts, accredited LEED professionals, noise and air quality experts, geologists, biologists, and cultural and historical resource specialists who comprise our staff and are ready to serve. Their approach to every project is centered upon problem-solving, innovative solutions, and responding to clients’ specific needs in a cost-effective manner. Headquartered in the City of Ventura with over 120 local professionals, and with over 450 staff throughout California across 13 offices, Rincon provides the necessary local and technical resources to deliver this project.

Rincon provides a variety of water resource management tools grounded in scientifically sound approaches for Integrated Water Resource Planning, Monitoring, and Compliance; Coastal and Marine Resource Management; Sustainable Groundwater Management; Hydroge ological and Water Quality
Investigations; Climate Action, Adaptation, and Resilience Planning and Implementation; Regulatory and Environmental Compliance; and Strategic Program Management and
Communications. Rincon staff have an in -depth understanding of southern California hydrologic, water quality, and biological resources, regulatory processes (specifically in Ventura County), and close working relationships with state and federal agency regulatory staff, which allows them to provide quality consulting services while minimizing expenses and delays.

Rincon’s talented marine scientists, physical scientists, wildlife and fisheries biologists, botanists, ecologists, and project managers have successfully executed dozens of related
projects in Ventura County and the region over the past 29 years, including: Ventura River, Tributaries, and Estuary Algae, Eutrophic Conditions, and Nutrients TMDL Monitoring and Reporting; Upper Ventura River Groundwater Sustainability Plan Development and Groundwater Dependent Ecosystems Special Studies; Santa Clara River and Malibu Creek Bacteria TMDL Monitoring and Reporting; Santa Paula Creek Pollutant Source Identification Study; Santa Clara River Estuary NPDES Fish, Water Quality and Biological Monitoring; Mugu Lagoon Hydrologic and Hydraulic Monitoring; Ocean Current Pro filing for Ventura WaterPure Outfall Dilution; Ventura Harbor Dredge Placement Planning, Permitting, and Monitoring.

We specifically selected Rincon for this team because of their extensive experience in dynamic southern California coastal harbors, estuarine, and lagoon habitats . Craftwater has partnered with Rincon for several years to pursue similar work, and trust that they will augment our team with a strong professional consulting team and local resources that can adapt to changing conditions and provide scientifically defensible results and work products.

From water quality and supply to coastal planning
and remediation projects, every one of our projects
is interconnected to the rest of the watershed. By
connecting the dots of how our services contribute
to maintaining and improving watershed health, we
serve our clients as the need for integrated
planning and implementation becomes ever more
important to protect the environment, streamline
compliance requirements, communicate with
interested parties, and optimize client budgets.
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City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 5
GHD is one of the world’s leading engineering and
environmental consulting companies. Established in
1928, GHD employs more than 11,000 people across five
continents and serves clients in the global markets of
environment, water, energy and resources, property and
buildings and transportation. Wholly owned by its people, GHD has more than 430+ local staff in California and have provided water services to cities, special districts and municipalities throughout California for over 70 years. As an employee -owned company, GHD is committed to sustainable development and improving the physical, natural, and social environments of the many communities in which we operate. They are guided by our workplace health, safety, quality and environmental management systems.

GHD is at the forefront of the water industry, delivering sustainable water solutions across the globe. They assist stormwater, water, wastewater utilities, by provid ing services to optimize infrastructure and adapt to environmental changes in ways that balance the needs of our communities. As evidenced throughout this response, GHD is uniquely qualified to support the surface water modeling scope elements. This experience comes directly from the personnel proposed for this project, bringing to the City a wealth of project delivery knowledge, technical expertise and lessons learned.

Craftwater specifically chose GHD for this team because of their nationally recognized surface water modeling experience and our great working relationship. Both Craftwater and Rincon have worked closely with GHD in recent years to deliver water resource monitoring and feasibility study projects.

V
illa Civil is a woman-owned civil engineering firm with a proven track record in identifying funding opportunities, delivering grant writing services, and providing ongoing grant administration support for municipalities throughout Southern California. Villa Civil staff have successfully secured over $116M in grant applications and low-interest loans for our clients through federal, state, and regional programs. With a combined 35+ years of experience with various grant solicitation formats and granting agencies, our staff is prepared to assist at any stage of the grant writing and administration process.

Villa Civil’s project team is comprised of three key members experienced in grant writing, grant administration, and development of funding strategies. Ms. Christy Villa will serve as Project Manager, perform grant strategy oversight, quality assurance, and quality control, and oversee all grant identification and support tasks. With a total of 7 staff members, Villa Civil is committed to delivering cost-effective, high-quality service.

Headquartered in Encinitas, California, their certified California Micro Small Business (SB) and Women Business Enterprise (WBE) firm is eager to support the City of Oxnard (City). Given the circumstances of the world, they understand the importance of proactively identifying new and innovative avenues to help fund communities’ projects.

Villa Civil can provide a tailored approach that fits the City’s funding goals, objectives, and strategies. Their belief in strong communication and honesty gives our team an advantage in identifying and pursuing funding opportunities that result in the highest likelihood of an award.

Craftwater specifically invited Villa Civil to join the team because of their o verwhelming success securing grants and funding for mu nicipal clients. In the past two years, Craftwater and Villa Civil have partnered on eight projects together.

GHD was trusted by the Army
Corps of Engineers to Model and
Monitor an Oxygen Injection
Mitigation Strategy for the
Savannah Harbor Expansion
160
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1.2 STRENGTH & STABILITY
While Craftwater has been in business for just under five years, we have already established a formidable reputation in the water resources industry. Since inception, we have been awarded 218 projects by 74 local and state clients and have earned trusted positions on 42 municipal on-call or as-needed contracts. We’ve supported some of the smallest municipalities in Southern California as well as the largest (including the Counties of Ventura, Los Angeles, San Diego, and San Mateo, and the Cities of Los Angeles, San Diego, and New York).

Our headquarters in San Diego would be the primary office supporting this project, with support from our Pasadena, Great Lakes, and Mid -Atlantic offices. Craftwater currently employs t wenty associates and is rapidly growing by attracting the best talent and boasting employee retention that exceeds industry averages. Our strength, stability, and resources are bolstered by our trusted teaming partners: together with Rincon, GHD, and Villa Civil, our team has collectively been in business for over 100 years and offer 900 California-based staff to support the City.

1.3 CAPABILITIES & DIFFERENTIATORS
Craftwater Engineering was formed with one primary thought in mind: help our clients fundamentally transform watersheds through science- based planning/analysis, ambitious regulatory change, and bold (yet pragmatic) engineering design. Systemic water quality improvement in urban watersheds has been an elusive environmental objective of the Clean Water Act for decades. Barriers to progress have historically included a lack of dedicated funding, inapt interpretations of regulations, unimaginative planning, and uninspired stakeholder engagement. In many ways, the system is broken. Our team experienced these frustrations and was inspired to build a company that is agile enough bring continuous innovation to the market but influential enough to help shape key industry trends.

We strongly believe that the following elements differentiate our team as the best choice to support the scope of the RFP:

Fresh, Clear-Eyed Perspective
Craftwater is not afraid to question the standards, and this curiosity is a hallmark of our water quality planning. Although Total Maximum Daily Loads (TMDLs) set concrete discharge limits, we have found that there are often numerous ways to interpret the rules and translate them from paper to practice. It is also important to acknowledge that some TMDLs cannot be met 100% of the time due to external sources outside of agency control, extreme weather events, and other environmental anomalies. This is why all of our planning efforts start with a fresh look at the existing conditions and objectives to gain new perspectives on the problem; through this process, we often redefine “compliance” as a spectrum of objectives, each with varying risk to the agency and environment, but all within the bounds of the
regulations.

For example, we recently completed a study to develop an alternative stormwater compliance plan for the Upper Los Angeles River Watershed. The previous plan had prescribed $6.4B of new infrastructure to achieve a singular definition of compliance. To gain a more accurate understanding of the problem, Craftwater collected new data and painstakingly recalibrated the watershed model to demonstrate that water quality was not as bad as previously interpreted. We then developed three alternative pathways to achieve water
quality targets with different risk levels – all of which were $5B (85%) cheaper than the previous recommendations.

Craftwater re-envisioned the Upper LA River group’s
understanding of water quality to deliver a spectrum of compliance multi-benefit solutions that reduced the
number of recommended projects by thousands, and
implementation costs by billions
161
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 7
Guiding regulators and other interested parties transparently through this process is a key step to gain buy-in and trust, and we are not afraid to open our books and show our work to scrutinizing eyes . For example, when Craftwater revised the Rio Hondo/San Gabriel River Water Quality Group’s Watershed Management Program, we directly engaged with the Los Angeles Regional Water Quality Control Board Staff to articulate our methods and the fallacies of previous planning approaches. We also facilitated workshops with skeptical and litigious non-government organizations (NGOs), where we distilled the complex science into to guide clear , logical conversations. The re-envisioned plan was estimated to cost 90% less to implement than the previous plan, and included more actionable, technology- based recommendations. Our approach was also lauded by the Regional Board as “reasonable” and the “perfect definition of adaptive management.” Creative Yet Pragmatic Planners
Most planning efforts are conducted linear ly: define the problem, evaluate alternatives, pick the best strategy , calculate how much of that strategy is needed to meet the objective. Under that old paradigm, unguided computer
models often drive agencies towards solutions that are
unaffordable (or that may not even be physically possible).

Craftwater understands that successful water quality planning must start with both a fresh interpretation of water quality objectives and also a practical understanding of engineering and operational realities . In parallel with defining objectives, we define the maximum extent of physical opportunities within the watershed to understand the limits of implementation and how potential programs and projects would interact when implemented together.

This approach ensures that sound engineering judgment and local institutional knowledge drive pragmatic plan recommendations… in essence, leveraging real intelligence instead of artificial intelligence.

Most recently and locally, Craftwater proved this approach when supporting the City and other agencies of the Ventura Countywide Stormwater Quality Management Program with development of Watershed Management Programs. Instead of following the recipe of other Los Angeles Region programs, our approach was to first engage the agencies to understand what existing non-structural programs could be enhanced to achieve cost -effective pollutant reductions. In parallel, our engineers screened the watershed to build-out an understanding of potential capital projects to ground the compliance analysis with physical reality. This pragmatism resulted in a far more achievable plan that leverages existing activities first and suggests specific, feasible projects if needed. Specifically, the Program did not prescribe a single capital project to the City.

Building sound plans on the foundation of pragmatic knowledge still requires reliable analytics and computer models to simulate the costs and benefits of alternatives. This is why our team includes some of the most trusted watershed and surface water modelers in the nation ; our partners at GHD have proven receiving water modeling expertise from coast-to-coast. While we have the capabilities, we never propose complex modeling for the sake of conducting an academic exercise—our philosophy is to right-size the analytics to the purpose and goal of each study.

Craftwater’s pragmatic approach
led the City to a more affordable
and implementation-oriented
Watershed Management
Program
Really, thank you for engaging us.

This has been a tremendous effort
on the Permittees’ part.
-Natural Resources Defense Council
We look forward to working with the
group collaboratively as they move
forward with a revised program that
will ensure the health of the Rio
Hondo and San Gabriel Rivers
-LA Waterkeeper
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City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 8
Holistic Local Understanding
While proposing to bring a fresh, creative, and pragmatic perspective to the Channel Island Harbor water quality data and objectives, the Craftwater Team is certainly not starting from scratch. As mentioned above, we recently led the development of the Countywide Watershed Management Programs to guide the City’s urban stormwater strategy. Through this process, we gathered comprehensive monitoring data from the City and other partner agencies (including historical Channel Islands Harbor monitoring data) , calibrated a watershed model to represent pollutant sources and transport to receiving waters, and characterized the impact of the City’s current stormwater control measures (both structural and non -structural). These data and tools can be readily leveraged to support a feasibility study for Harbor water quality improvement. Our partners at Rincon also boast impressive local environmental and biological knowledge as on-call consultants to the City and through TMDL monitoring and reporting throughout Ventura County. We will build from this base of knowledge to support the City.

Award-Winning Designers of Grant-Competitive Projects
Evaluating the feasibility of alternative technologies requires a firm grasp of engineering design principles. Craftwater’s team of respected engineers have designed more multi-benefit stormwater capture infrastructure than any other firm in California – including over 100 projects in Southern California alone. Our capacity to deliver feasible, cost -effective projects is continuously strengthened by our full- spectrum proficiency navigating the regulatory landscape and high- end analytical tools and models.

Craftwater has a proven track record of delivering high-certainty designs, but is also known for pushing the bleeding edge of stormwater innovation. Our engineers have pioneered several novel accomplishments in recent years, including design of the region’s first cloud -based, intelligently predictive stormwater capture facility; first stormwater harvesting unit for onsite spray irrigation, first City-operated, real-time controlled diversion dam in the LA County Flood Control District system, and the largest stormwater diversion into the LA County Sanitation District sewer system for reclamation.

We also know that feasibility must consider affordability. We know how to plan and design solutions that are competive for external funding because Craftwater and our partners at Villa Civil have successfully secured over $400M of grants and low-interest loans for our municipal clients.

The Craftwater team’s designs are nationally acclaimed in leading industry/academic literature and locally recognized for our professionalism and high-quality work 163
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 9

1.4 RELEVANT PROJECT EXAMPLES
The Craftwater Team has accumulated a vast portfolio of successful projects relevant to this RFP. Below we highlight three projects with similar scope, and then summarize 45 relevant projects (note that these are just a subset of our collective experience).

Example Project: Ventura Watershed Management Programs
Client: Ventura Countywide Stormwater Quality Management Program
Reference: Arne Anselm, County of Ventura, 336 Sanjon Rd, Ventura, CA 93001, (805) 654-3942, [email protected] Relevant Scope:
☒ Water Quality Science & Problem Definition
☒ Water Quality Planning & Mitigation
☒ Environmental Modeling & Analysis
☒ Engagement & Outreach
☒ Cost Estimation & Funding Strategy
C
raftwater led the development of Watershed Management
Programs (WMPs) for all Ventura County MS4 Permittees,
covering five watersheds. At the foundation of the WMPs development is the Reasonable Assurance Analysis (RAA), which uses quantitative analysis and modeling to identify pollutant load reductions necessary for MS4s to meet established water quality objectives, and evaluates the ability of various potential control measures to obtain those targets. Craftwater focused on an RAA that was right-sized to the local conditions, and delineated actionable and affordable control measures. This included the development and calibration of a new watershed model (LSPC) for the five watersheds in Ventura County and modeling non-structural and structural control measures to evaluate expected reduction benefits. The tailored RAA approach developed is focused around four core elements to base the analysis on (1) latest and local watershed science, (2) assigning watershed and MS4- specific required pollutant reductions, (3) leveraging and optimizing minimum control measures, and (4) providing feasible project-led
pathways to compliance.

In addition, Craftwater is
integrating dynamic
tracking, allowing for
flexibility and
transparency as
Permittees proceed with
implementation of the
Program.
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Example Project: Bacteria Load Reduction Strategy Adaptation Client: San Gabriel Valley COG/Upper LA River Watershed Management Group Reference: Dawn Petschauer, ULAR WMG Lead, 100 Garfield Ave n306, Pasadena, CA 91101, (213) 485- 3 961, [email protected]
Relevant Scope:
☒ Water Quality Science & Problem Definition
☒ Water Quality Planning & Mitigation
☒ Environmental Modeling & Analysis
☒ Engagement & Outreach
☒ Cost Estimation & Funding Strategy
Craftwater led development and submittal of the accepted SCWP scientific study for the Load Reduction Strategy (LRS) Adaptation to Address the LA River Bacteria TMDL for the Upper Los Angeles River Watershed Management Group. Craftwater produced a clear, technical application and presentation of the full study that was widely supported by the RH and ULAR WASCs, and secured approximately $1.2M to the ULAR WMG.

The LRS adaptation update is timely as bacteria impairments remain one of the most challenging water quality issues to address in Southern California, resulting in beach closures along the coast and unsafe conditions for recreators in our waterbodies. Given recent advancements in the development of human markers and other diagnostic tools to conduct source identification monitoring, Craftwater led the adaptation of the ULAR WMGs LRS to expand on previous efforts with on-the-ground understanding of potential bacteria sources and the relation to public health risk. This adapted approach leverages an innovative risk-based prioritization approach, advancements in source investigation tools, and the need to move expeditiously through adversity in implementation efforts to maximize limited resources, reduce public health risks, and give greater surety at achieving compliance and long-term water quality goals. Our team developed an innovative, data-driven method to identify efficient and effective implementation actions watershed-wide. After the first year of this three-year study, the LRS Adaptation Plan was submitted to the
Regional Board, who have commended the approach
in ongoing meetings and are currently formally
reviewing. The Group is moving forward with targeted
source tracking and implementation efforts in areas of
investigation (AOIs) identified.

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Example Project: Sea Level Rise (SLR) Vulnerability Assessment and Comprehensive Local Coastal Program Update
Client: City of Oxnard
Reference: Isidro Figueroa, Principal Planner, 214 South C Street, Oxnard, California 93030, 760-328- 2266, [email protected]
Relevant Scope:
☒ Water Quality Science & Problem Definition
☒ Water Quality Planning & Mitigation
☒ Environmental Modeling & Analysis
☒ Engagement & Outreach
☒ Cost Estimation & Funding Strategy
Rincon prepared a Local Coastal Plan (LCP)
Comprehensive Update for the City of Oxnard, including
a Land Use Plan (LUP), which set forth the policies for development of the coastal zone, coastal access and
recreation, and protection of sensitive coastal resources, and an Implementation Plan (IP), which establishes
standards and procedures to implement the LUP
policies. This project brings the LCP into conformance
with CCC policy directives, and addresses climate
change and SLR adaptation strategies.

Rincon also prepared a vulnerability and adaptation assessment for the City of Oxnard to inform new policies and implementation measures related to SLR, among other factors. Additional studies and programs incorporated into the project included restoration and habitat management plans for land in and around the Santa Clara River and Ormond Beach wetlands, the certified Public Works Plan for the portion of the Channel Islands Harbor owned and managed by the Ventura County Harbor Department, and other applicable planning documents. Rincon supported outreach for the LCP Update through participating in stakeholder meetings and collaborating with governmental agencies, technical advisories, non-governmental organizations, and members of the public in and around Oxnard. Coordination with the CCC has been consistent to ensure consistency with Coastal Act requirements as well as SLR and adaptation strategies.
166
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The table below lists 45 relevant projects led by our team with scope similar to the RFP.

Project Client
Water Quality Science
& Problem Definition
Water Quality
Planning, & Mitigation
Environmental
Modeling & Analysis
Outreach &
Engagement
Cost Estimation &
Funding Strategy
Ventura County Examples
5 Countywide Watershed Management Programs 12 Ventura County Permittees      Ventura Regional Stormwater Projects Ventura County Public Works Agency    Sea Level Rise Vulnerability Assessment & Comprehensive Local Program Update City of Oxnard     
On-Call Permit Processing City of Oxnard 
Ventura River, Tributaries, and Estuary Algae, Eutrophic Conditions, and Nutrients TMDL Monitoring and Reporting County of Ventura Public Works    Upper Ventura River Groundwater Sustainability Plan Development and Groundwater Dependent Ecosystems Special Studies Upper Ventura River Groundwater Agency      Santa Clara R. & Malibu Creek Bacteria TMDL Monitoring & Reporting County of Ventura Watershed Protection    Santa Paula Creek Pollutant Source Identification Study CalTrout    Santa Clara R. Estuary NPDES Fish, Water Quality & Biol. Monitoring City of Ventura   Mugu Lagoon Hydrologic and Hydraulic Monitoring Naval Base Ventura County Point Mugu    Ocean Current Profiling for Ventura WaterPure Outfall Dilution City of Ventura   Ventura Harbor Maintenance Dredging Ventura Port District/City of Ventura  Other Relevant Examples
6 Watershed Management Programs 34 LA County MS4 Permittees      EPA Financial Capability Assessment City of Monrovia      Upper LA River PreSIP Scientific Study Upper LA River Watershed Mgmt Group      Bacteria Load Reduction Strategy Scientific Study Upper LA River Watershed Mgmt Group      Trinidad Stormwater Green Infrastructure Project City of Trinidad      Oxygen Monitoring and Modeling for the Savannah Harbor Expansion USACE Savannah District, Savannah, GA     Nonstructural Minimum Control Measure Scientific Study San Gabriel Valley Council of Governments     Revised WMP (reWMP) Compliance Certainty Analysis Rio Hondo/San Gabriel R. Water Quality Group     Lower LA River & Lower San Gabriel River Pathfinding Scientific Study Gateway Water Mgmt Authority     167
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 13
Project Client
Water Quality Science
& Problem Definition
Water Quality
Planning, & Mitigation
Environmental
Modeling & Analysis
Outreach &
Engagement
Cost Estimation &
Funding Strategy
Coastal Modeling, Planning, Permitting & Design Services for Miami- Dade County Shorelines Miami-Dade County, FL    
Countywide Regional Stormwater Capture Project Planning San Mateo City/County Assoc. of Governments     Eel River Estuary Restoration Program County of Humboldt, CA, USA     Comprehensive Large-scale Wetland Restoration, Crescent City, CA Border Coast Regional Airport Authority     Stormwater Master Plan City of Pasadena    
TMDL Compliance and RAA Caltrans   
Expert TMDL & Regulatory Support City of Los Angeles   Green Street Project Feasibility Study County of Los Angeles  Safe, Clean Water Program Metrics & Monitoring Study LA County Flood Control District  Safe, Clean Water Credit Trading Program (Phase 1&2) LA County Flood Control District   Multi-Stakeholder Study to Balance Safe, Clean Water Benefits Accelerate Resilience L.A.  Clean California Local Grant Program City of El Monte  Citywide Urban Runoff Mgmt Plan City of Huntington Beach   Stormwater Funding Strategy, Communications, and Credit Program City of San Diego    Bacteria TMDL Support City of San Diego   
Grant Writing Support Gateway Water Mgmt Authority 
Tijuana River Litigation Expert Witness Multiple Plaintiffs  Water Quality Modeling Support
New York City Dept. of Environmental
Protection   
MS4 Permit Negotiation Support San Gabriel Valley Council of Governments   Goleta Slough Mouth Management Project City of Santa Barbara    Santa Barbara Desalination Reactivation Project IDE Americas   Malibu Civic Center Water Quality Monitoring City of Malibu   As-Needed Grant Writing and Grant Administration Support City of Huntington Beach  As-Needed Grant Writing and Grant Administration Support Long Beach Water Department  168
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2. STAFF EXPERIENCE
To augment our team with a deep bench of familiar resources, we deliberately forged strong, sincere partnerships with well-respected experts—most of whom are currently serving the City—and integrated them directly into our organization chart below. This collaborative, seamless approach has been tested and proven to breed innovative work products, consistently high-quality and personalized service, and readiness to mobilize from day one.

2.1 ORGANIZATIONAL CHART
Below we provide an organizational chart identifying technical leads and key support staff. Resumes for all key staff are provided in Appendix A.
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2.2 KEY STAFF BIOGRAPHICAL SKETCHES
Below we highlight key task leads and their unique experience and qualifications – please also see Appendix A for full resumes.

Brianna Datti, MS – Lead Engineer – Water Quality Science and Regulations Brianna Datti is Craftwater’s lead engineer of regulatory and water quality science . Ms.

Datti was specifically selected to manage th is project and lead the water quality - related tasks because of her local knowledge and expertise having recently led the development of the Ventura Countywide Watershed Management Programs. She is also leading two of the first and largest scientific studies supported through LA County’s Safe Clean Water Program, supported recent revisions to seven of the Los Angeles County Watershed Management Programs, submitted four adaptive management and permit- required reporting, and managed strategic planning as well as the stormwater funding strategy and communications in San Diego. Throughout this experience, Brianna has utilized watershed and water quality modeling and analyses as critical tools and an in -depth understanding of strategies to reach compliance with TMDLs, MS4 permit requirements, and other regulatory conditions. Before joining Craftwater, Brianna served as technical lead on watershed modeling projects related to the development and adaptation of TMDLs, multiple watershed master plans, compliance analyses and source studies, and associated strategic monitoring work plans. Ms. Datti is available during the proposed schedule to fulfill her proposed role.

Availability 70% Proposed Role Project Manager and Water Quality Lead Years Experience 7 Education M.S., Civil & Environ. Engineering, Cornell University, 2017 B.S., Environmental Engineering, University of Connecticut, 2015 Credentials Member, CASQA (Legislation and Policy/Permitting Subcommittees) Relevant Experience
• Ventura Countywide Watershed Management Programs, Ventura Countywide Water Quality Management Program. Deputy Project Manager
• Annual Reporting and Adaptive Management, Upper LA River & Dominguez Channel Watershed Mgmt Groups. Project Manager
• Water Quality Modeling Support. New York City Department of Environmental Protection. Project Manager • Watershed Implementation/Restoration Plan and Compliance Credit Tracker for Rainbow Creek. County of San Diego. Project Manager.
• Famosa Slough Watershed Master Plan. City of San Diego. Deputy Project Manager. • 6 Enhanced Watershed Management Program (EWMP) Updates. Various Permittees. Project Manager • Proposed and Tentative MS4 Permit and State Water Board Order Review , San Gabriel Valley Council of Governments and ULAR Watershed Management Group. Project Manager • Upper LA River Load Reduction Strategy Adaptation, Safe, Clean Water Program Scientific Study. San Gabriel Valley Council of Governments and ULAR Watershed Management Group. Project Manager 170
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Chad Helmle, PE – President and CEO
As President of Craftwater, Mr. Helmle offers national experience with a focus on the Southern California water resources service area. He was chosen to act as principle- in-charge because he has overseen hundreds of large and small water resources projects and has served as program manager or principal -in-charge of several of the largest municipal on- call stormwater -focused contracts in the country. His experience encompasses more than 24 years of relevant experience evaluating and addressing a broad spectrum of water issues, ranging from strategic planning to design and implementation. Examples of his project leadership include hundreds of square miles of watershed master planning efforts, over 100 regional -scale green infrastructure retrofit design or pre- design projects, and ground-breaking watershed and BMP modeling analyses. He is especially passionate about finding innovative solutions to the challenging prospect of retrofitting existing urban landscapes and infrastructure to meet the compliance, water resiliency, and runoff management needs of municipal agencies. Mr. Helmle is available during the proposed schedule to fulfill their proposed role.

Availability 30% Proposed Role Principle-in-Charge
Years Experience 24 Education M.S., Civil Engr, Environ. Fluid Mech./Hydrology, Cornell Univ., 2005 B.S., Engr and Environmental Science, Cornell University, 1997 Credentials Civil Engineer, CA, 2006
Relevant Experience
• Ventura Countywide WMPs. Ventura Countywide Stormwater Quality Management Program. Responsible Principal.
• As-Needed Watershed Engineering, Los Angeles County Department of Public Works. Los Angeles County Department of Public Works. Principal-in-Charge. • As-Needed Stormwater Engineering and Consulting Services. City of San Diego. Program Manager. • 9 Original Watershed Management Program (WMPs), 6 WMP Updates. Various Permittees. Responsible Principal.

Brad Wardynski – Sr. Project Manager and COO
As Chief Operations Officer and Senior Project Manager at Craftwater, Brad Wardynski provides over a decade of experience in the fields of urban hydrology and water quality planning. Mr. Wardynski was selected to lead strategic oversight and quality assurance/control because, since joining Craftwater, he has led or supported over 25 multi-benefit stormwater master plans, covering over 2.5M acres of watershed area and over 130 agencies. Mr Wardynski has worked with influential industry experts on a variety of projects spanning the full scope of stormwater program management, including regulatory support and reporting, watershed planning, modeling, feasibility and design, monitoring, outreach, and technical guidance. He is currently working with over 50 agencies in Southern California to build achievable, implementation-oriented compliance pathways, including for the Upper LA River Watershed Management Group (the largest in Southern California). Mr. Wardynski is available during the proposed schedule to fulfill their proposed role.

Availability 50% Proposed Role Strategic Advisor and QA/QC Years Experience 12 Education M.S., Bio. & Ag. Engineering, NC State University, 2012 B.S., Biosystems Engineering, Michigan State University, 2010 Credentials Professional Registered Civil Engineer, CA, 2015 171
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Relevant Experience
• Countywide Regional Stormwater Project Screening and Concepts. Ventura Countywide Stormwater Quality Management Program. Project Manager.
• Ventura Countywide WMPs. Ventura Countywide Stormwater Quality Management Program. Project Manager. • Stormwater Master Plans. Cities of Alhambra and Pasadena. Senior Project Manager. • S
afe, Clean Water Program Credit Trading Program and Metrics/Monitoring Study. Los Angeles County Department of Public Works and Flood Control District. Project manager. • A
dvancing Regional Stormwater Capture in San Mateo County. C/CAG and County of San Mateo. Sr. Project Manager.
• Adaptive Watershed Management Screening, preSIP Scientific Study, and WMP Revisions. Upper Los Angeles River Watershed Management Groups. Project Manager Oliver Galang, PE – Principal Engineer
Oliver Galang’s experience encompasses over 2 8 years of planning, design, construction and program management of multi -million-dollar municipal capital improvement projects, specifically in water resources and stormwater infrastructure throughout Los Angeles County. Highlights of Oliver’s career also include service as the Head of the Los Angeles River Watershed Section of the Los Angeles County Department of Public Works’ Watershed Management Division. His responsibilities included staff management and direction for the planning of multi -use, multi-benefit projects, with an estimated construction value of more than $60 million, along the Los Angeles River. He served as the Head of the Data Management Section of the Watershed Management Division, and was responsible for an annual budget of more than $10 million in urban runoff and stormwater quality monitoring programs, including Los Angeles County Flood Control District (LACFCD’s) National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Monitoring Program. He was also responsible for managing the operations of the LACFCD flood control and water conservation system, which consisted of 14 reservoirs, 500 miles of conveyance channels, and 27 groundwater recharge facilities. Mr. Galang was specifically selected for this role because of his extensive experience with water resources management and design. Mr. Galang is available during the proposed schedule to fulfill their proposed role.

Availability 30% Proposed Role Design Lead
Years Experience 28 Education BS, Civil Engineering, California State University, Fullerton, 1993; Engineering Management Graduate Studies, California State Polytechnic University, Pomona, 2005
Credentials Civil Engineer, CA, 1997
Relevant and Past Experience
• Echo Park Lake Rehabilitation Project, City of Los Angeles, Bureau of Engineering, Project Manager. • Lake Hodges Reservoir Water Quality Assessment Study, City of San Diego, Project Manager. • Arroyo Seco – San Rafael Wetlands and Restoration Stormwater Capture Project, City of Pasadena .

Principal Engineer.
• Bellflower Water Capture Project at Caruthers Park, Phase I and II, City of Bellflower. Project Manager. • Carson Water Capture at Carriage Crest Park, Sanitation Districts of Los Angeles County and City of Carson, CA. Project Manager. Lakewood Stormwater Capture Project at Bolivar Park, Lakewood, CA. Project Manager.
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Thom Epps, PhD – Senior Scientist
Dr. Thom Epps is a water resources engineer who specializes in innovative stormwater modeling, high-resolution geospatial assessment, and green infrastructure prioritization in urban settings. He was specifically chosen to lead cost -benefit analysis and modeling because of his recent success analyzing thousands of alternative water quality solutions throughout the Counties of Ventura, Los Angeles, and San Diego.

His work employs state-of-the-science approaches, coupling proven hydrologic models with high-resolution geospatial assessment to improve model results and provide greater assessment potential to explore a full suite of options to meet client needs. He is skilled in LSPC, SUSTAIN, SWMM and other hydrologic models and he uses coding in Python and R to create custom analytical tools and enhance hydrologic information from ava ilable municipal datasets. Dr. Epps is available during the proposed schedule to fulfill his proposed role.

Availability 60% Proposed Role Cost-Benefit Lead, Modeling Co-Lead Years Experience 7 Education Ph.D., Civil & Enviro. Engr. (Water Resources), 2018 M.S., Biosystems Engr, 2012
B.S., Ind. & Systems Engineering, 2004
Credentials Member, ASCE EWRI Urban Water Resources Research Council Relevant and Past Experience
• preSIP Scientific Study, San Gabriel Valley Council of Governments, Technical Framework & Modeling Lead.
• Watsonville Green Infrastructure Master Plan. City of Watsonville. Modeling & Assessment Lead. • Stormwater Master Plans, Cities of Alhambra and Pasadena, Technical Modeling & Planning Lead. • V
entura County Regional Stormwater Treatment Project Identification, Ventura County Watershed Protection District, Technical Modeling Lead.
• Strategic Project Pilot Study for Compton Creek Watershed, Los Angeles County Department of Public Works, Technical Vision & Modeling Lead.
• Green Street Implementation Plan, Dominguez Channel Watershed Management Area. Technical Vision & Modeling Lead.

Kiernan Brtalik, CPSWQ, QSD/P - Director, Watershed Sciences With over 13 years’ experience, Kiernan oversees the implementation of various monitoring and assessment studies, permitting and compliance projects, and consultation for an array of watershed-scale programs. This includes the implementation of surface and groundwater monitoring programs driven by the Sustainable Groundwater Management Act (SGMA) and basin-specific Groundwater Sustainability Plans (GSPs), TMDLs, 303(d) listing status evaluations, and Best Management Practice (BMP) water treatment efficacy studies. Kiernan also supports numerous water quality NPDES permit compliance programs including Waste Discharge and Water Recycling Requirements for discharges for wastewater treatment facilities and dewatering activities, Municipal Separate Storm Sewer System discharges (Phase I, Phase II, and Caltrans MS4 permits), and stormwater discharge from construction sites and industrial facilities (Statewide IGP and CGP). He has participated in regional studies such as the Southern California Stormwater Monitoring Coalition (SMC) Regional Watershed Monitoring Program and Southern California Bight Regional Monitoring Program. Furthermore, he supports clients in developing environmental planning documents to meet CEQA and other regulatory agency requirements. Mr. Brtalik was specifically chosen to act as strategic advisor and to support engagement and outreach because of his comprehesive expertise and loca l experience. He is available during the proposed schedule to fulfill their proposed role.
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Availability 35% Proposed Role Strategic Advisor & Engagement/Outreach Support
Years Experience 13 Education MESM, Water Resources and Conservation Planning, University of CA, Santa Barbara. Bren School of Environmental Science & Mgmt, 2012
BA, Philosophy & Business Management, Stony Brook Univ, 2007 Credentials Qualified SWPPP Practitioner/Developer (QSP/D) #26402 Certified Professional of Storm Water Quality (CPSWQ) #1110 OSHA 40 Hour HAZWOPER #91237
Relevant Experience
• Ventura River Algae TMDL Compliance Monitoring and Reporting. Ventura County Public Works Agency • Pollutant Source Identification Study for the Harvey Diversion Fish Passage Remediation Project .

C
alifornia Trout, Inc.
• Los Peñasquitos Lagoon Sediment TMDL Compliance Monitoring and Special Study. City of San Diego Christopher Julian - Principal Regulatory Specialist
Chris has 20 years of experience as an environmental consultant, including 12 years as an interdisciplinary project manager. H e was specifically chosen to lead e nvironmental feasibility and permit- related tasks because of his technical emphas is on environmental analyses under NEPA and CEQA, all aspects of California and federal stream and wetlands permitting (including agency coordination and negotiations, jurisdictional determination, wetlands functional assessment, and 404(b)(1) analysis), and endangered species permitting. He effectively assists clients in developing strategic regulatory compliance solutions, and has managed and prepared highly complex CEQA, NEPA, and ESA documents. Chris also has an extensive stream ecology background, encompassing lake and stream bioassessments, surveys for aquatic wildlife species, and mapping of aquatic habitats. He is a trained wetlands delineator and a Fully Trained California Rapid Assessment Method (CRAM) practitioner and has provided training on environmental permitting to various organizations throughout California. Mr. Julian is available during the proposed schedule to fulfill their proposed role.

Availability 20% Proposed Role Environmental and Permits Lead Years Experience 20 Education BS, Aquatic Biology, University of California, Santa Barbara, 2001
Credentials California Rapid Assessment Method Trained: Riverine and Estuarine Wetlands California Rapid Assessment Method (CRAM) Fully Trained Practitioner, 2012 Elkhorn Slough Foundation Blunt-Nosed Leopard Lizard Workshop, 2009 Elkhorn Slough Foundation California Red-Legged Frog Survey Training, 2013 Los Angeles County SEATAC Biologist
Relevant Experience
• Ventura River Algae Inventory Study. Ojai Valley Sanitary District • Goleta Slough Mouth Management Biological Assessment. City of Santa Barbara • Flood Control Maintenance Program Environmental Impact Report. Ventura County Watershed Protection District
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Thomas Sanford, QSD/P, QISP, CPESC - Watershed Scientist and Water Quality Specialist Thomas is a highly experienced Watershed Scientist who has a wide-ranging expertise in surface water and groundwater resource management. He is skilled in the collection, analysis, and interpretation of water quality data and is well versed in the design and implementation of monitoring programs that assess long-term trends, effectiveness of best management practices (BMPs), and pollutant source impacts to groundwater, surface water, and aquatic resources. In addition to his technical expertise, Thomas has a thorough understanding of various water quality permitting programs including Waste Discharge Requirements, Municipal Separate Storm Sewer System (MS4) permits (Phase I and Phase II), and construction and industrial general permits (CGP and IGP). Thomas was specifically chosen to lead monitoring strategy development because his technical expertise in surface water and groundwater resource management, combined with his knowledge of various water quality permitting programs, allows him to provide technical evaluation of water quality conditions, conceptualize impediments and solutions, and offer effective regulatory support. He can help clients navigate the complex regulatory landscape and ensure compliance with permit conditions, while also developing effective management strategies to protect and improve water quality. Mr. Sanford is available during the proposed schedule to fulfill their proposed role.

Availability 40% Proposed Role Monitoring Strategy Lead Years Experience 10+ Education MS, Forestry Sciences, California Polytechnic State University, San Luis Obispo, 2016
BS, Forestry and Natural Resource Management, California Polytechnic State University, San Luis Obispo, 2009
Professional
Credentials
Qualified SWPPP Practitioner/ Developer (QSP/D) #27416
Qualified Industrial SWPPP Practitioner (QISP) #1192
Certified Professional in Erosion and Sediment Control (CPESC) #9476 Relevant Experience
• Coordinated Integrated Monitoring Program (CIMP) for the North Santa Monica Bay Coastal Watersheds.

City of Malibu.
• Harbor Generating Station Stormwater Compliance Assessment. Los Angeles Department of Water and Power.
• Annual Benthic Macroinvertebrate Bioassessments. Morro Bay National Estuary Program Hugo Rodriguez, PhD, PE – Civil and Coastal Engineer
Dr. Rodriguez is a civil engineer with more than 30 years of experience specializing in environmental engineering and water resources engineering, including coastal engineering, hydraulics, hydrology, sedimentation, and water quality. Dr. Rodriguez was se lected to co- lead the mo deling tasks because h e is specialized in the developing and/or using of numerical models to study wave transformation, hydrodynamics (circulation, storm surge, flooding), and the associated coastal processes such as sediment transport, morphological changes, and pollutant migration. He has strong experience in the use of leading modeling platforms including MIKE, Environmental Fluid Dynamics Code (EFDC), Water Quality Analysis Simulation Program (WASP), EPD-RIV1, VPLUMES, Cormix, Bouss2D, Delft3D, Flow3D, CE-QUAL-W2 and HEC -RAS. Mr. Rodriguez is available during the proposed schedule to fulfill their proposed role.

Availability 35% Proposed Role Modeling Co-Lead
Years Experience 20+ Education Ph.D. Coastal and Civil Engineering, University of Florida, 2000 175
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M.S. Coastal & Oceanographic Engineering, University of Florida, 1997 Civil Engineer (Hydraulic & Sanitary Engr.), Univ. of Uruguay, 1986 Civil Engineer (Structural Engineering), University of Uruguay, 1984 Credentials Professional Engineer (Civil) California, #C70917 Qualified SWPPP Developer (QSD), #C20104
Relevant Experience
• Delaware River Modeling. Delware River Basin Commission. Project Manager. • Mississippi River Vikings Cruitse Port Modeling. Viking Cruises. Modeling Lead. • Savannah Harbor Expansion Modeling. USACE. Lead Modeler • San Jacinto River Wast Pits. USEPA. Lead Modeler.

Christy Villa, PE - CEO/Principal Engineer
Ms. Christy Villa, PE, brings over 21 years of experience in public works with an emphasis on active transportation planning and design, green street infrastructure, and writing, managing, and administrating Federal, State, and Local grants for public agencies. Ms. Christy Villa was selected to be the Grant and Funding Lead due to her extensive experience with various grant programs and their requirements. Ms. Villa has developed multiple grant funding strategies for California agencies. Ms. Villa is available during the proposed schedule to fulfill their proposed role.

Availability 80% Proposed Role Grant and Funding Lead
Years Experience 21+ Education B.S. Structural Engineering, University of California, San Diego, 2003
Professional
Credentials
Professional Engineer (Civil) California, #C70917
Qualified SWPPP Developer (QSD), #C20104
Relevant Experience
• Santa Fe Drive Bike and Corridor Improvements . City of Encinitas . Ms. Villa currently provides project management services for this $1.2M project.
• On‐Call Grant Writing and Grant Administration. Long Beach Utilities. Principal Engineer providing grant administration services for various Long Beach Utilities (LBU) programs funded through State and Federal grants.
• El Portal Pedestrian & Bike Underpass. City of Encinitas. Ms. Villa identified and secured funding for a $5.4 million-dollar active transportation project by combining several project aspects to strengthen the grant application through the Caltrans Active Transportation Program. 176
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2.3 WORK BREAKDOWN STRUCTURE
The work breakdown structure below demonstrates our team’s understanding of the scope of work and required effort.

President
Principal Engineer
Sr. Project Manager
Project Manager
Senior Engineer
Associate Engineer
Junior Engineer
Contract Administrator
Principal
Director
Senior Supervisor II
Supervisor I
Senior Professional II
Senior Professional I
Professional IV
Professional III
Professional II
Professional I
GIS/CADD Specialist II
Project Accountant
Billing Specialist
Production Specialist
Project Director
Modeling Lead
QA/QC
Senior Engineer
Engineer
Project Support
Principal Engineer
Senior Civil Engineer
Associate Engineer
Junior Engineer
Total Labor Hours
Tas k 1 - Project Management 38 56 102 32 12 40 12 48 21 2 20 8 1 10 10 10 422 Tas k 2 - Data Gathering, Site
Visits, & Preliminary
Investigations
1 8 16 5 32 48 14 8 16 16 16 16 4 200
Task 3 - Problem Definition
Statement, Goals , and
Objectives
4 6 24 24 48 28 6 10 8 4 2 164
Task 4 - Identification of
Mitigation Strategies 3 2 22 56 72 108 60 4 10 10 30 377 Task 5 - Mitigation Strategies
Analysis Report 3 8 15 66 40 48 52 12 2 6 6 6 34 40 6 2 3 8 10 10 5 382 Task 6 - Development of
Implementation Plan 3 5 11 26 16 32 50 2 8 4 4 4 24 8 8 5 1 2 8 8 8 24 8 8 10 10 5 302 Optional Task 4b - Harbor
Hydrodynamic &
Eutrophication Modeling
1 2 16 12 32 40 100 80 220 140 16 659
52 15 118 290 189 280 278 12 14 78 49 10 10 84 8 88 16 16 19 1 9 5 8 8 8 24 8 30 40 40 40 1847 53 15 120 306 201 312 278 12 14 78 49 10 10 84 8 88 16 16 19 1 9 5 48 108 88 244 148 16 30 40 40 40 2506

GRAND TOTAL

GRAND TOTAL INCLUDING

OPTIONAL TASKS

CRAFTWATER ENGINEERING INC RINCON GHD VILLA CIVIL
TASK
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3. SCOPE OF WORK UNDERSTANDING AND SCHEDULE

3.1 UNDERSTANDING
The Craftwater team understands the importance of consistency, accuracy, and trust when it comes to data- driven water quality implementation planning. As with all projects, our team’s approach to this assignment will always be grounded in science and based on quantitative information. This science-based approach will be a key component for the City’s success on this project and is a unique feature of the Craftwater team. With the deep expertise across Craftwater, GHD, Rincon, and Villa Civil, we will offer a fresh, clear -eyed assessment of the data and water quality regulations, consider various water quality and local resource planning efforts, and navigate through the various technical, regulatory, political, and funding obstacles.

We understand that defining the specific problem to be solved by this feasibility study and implementation plan will require collaboration with the City, the public, and multiple engaged stakeholders. The Craftwater multidisciplinary team has a strong local presence in Ventura County, and has specific experience providing contract planning services to the City since 2014. This makes our staff uniquely positioned to support public meetings, facilitate outreach and engagement activities, collaborate with the City and stakeholders to complete site visits, gather necessary information and to conduct preliminary investigations.

3.2 APPROACH
Below we describe our approach for each task in the RFP.

Task 1: Project Management
The technical complexity and high visibility of this work emphasize s the need for clear and transparent communication, seamless coordination, and dependable quality assurance and quality control. The Craftwater team will lead project management of this effort with those core principles, to ensure the following:
• Close coordination with the City and engage staff during key factors of the process as mitigation strategies are identified, evaluated, and prioritized.
• Stakeholder input is facilitated so everyone feels heard throughout the process. • P
rovide confidence in prioritized strategies and pathway forward for implementation.

Craftwater recently led development of the Ventura Countywide Watershed Management Programs , working with all agencies in the Ventura Countywide
Stormwater Quality Management
Program, including the City, and led
coordination with and engagement of
Regional Board staff and other
stakeholders or interested parties in the
region.

Craftwater’s engagement philosophy is
uniquely candid and proactive --we
seek out potential critics and together
“open up the hood” of the analysis to
inspect each detail. This sincere
communication and transparency elicit
buy-in and avoids surprises by
encouraging key stakeholders to actively
participate in project development.

Craftwater knows the importance of tailoring engagement strategies across agency-specific, copermittees, regulators, and public stakeholders, such as conducted during development of the Ventura Countywide WMPs
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Craftwater’s willingness to build trusted relationships and facilitate forthright yet productive engagement is a key factor in the success of several recent plans that rearticulated compliance strategies into collaborative, watershed-scale, and cost-effective pathways; for example, when we revised the Watershed Management Program for the Rio Hondo/San Gabriel River Water Quality Group it was hailed by NRDC’s independent reviewer as “unprecedented in the region” for its transparency and technical rigor, and praised by the Regional Board as “a perfect definition of adaptive management” and “an example for other people to emulate.” Additionally, Craftwater recently achieved consensus among an influential Working Group of municipalities and vocal environmental/social NGOs with historically opposing viewpoints; by facilitating candid discussion and logical, scientific decision-making, we advanced the group towards agreeing on clear -headed recommendations to adapt contentious elements of LA County’s Safe, Clean Water Program.

To assure the highest quality of our work products, our team identified a direct lead for quality assurance/control and will integrate QAQC at each critical step of the following tasks, which always includes multiple reviewers. All deliverables will be provided on time, in a clear and digestible manner, with assurance in the findings.

Deliverables:
• Kickoff Meeting - including Materials, Attendance and Meeting Minutes • Progress Meetings (12 at 2 hours each) - including Materials, Attendance and Meeting Minutes • Public Meetings (4) - including Materials, Attendance and Meeting Minutes • City Council and Board of Supervisors Meetings (1 each) - including Materials, Attendance and Meeting Minutes
• Project Schedule
• QA/QC of All Deliverables
Task 2: Data Gathering, Site Visits, and Preliminary Investigations To set the foundation for identification of feasible and beneficial mitigation strategies , the physical and chemical characteristics of the site must be well defined . Through Craftwater’s work on the Ventura Countywide Watershed Management Programs and Rincon leading the Ventura Countywide stormwater monitoring program on behalf of Ventura County Watershed Protection District our team has a head start on this understanding and related data collection and review tasks. We are extremely familiar with Channel Island Harbor and under previous efforts conducted multiple data analyses and overviews characterizing the Harbor and its watershed.

With Rincon’s partnership, our team offers water
quality and biology specialists in coastal marine
and estuarine watershed who have deep
knowledge of the stormwater contributions to
these waters. Beyond leading the Ventura
Countywide stormwater monitoring programs,
our scientists also implement special studies and
long-term monitoring programs in the nearby
harbors, lagoons, estuaries, and coastal rivers.

During development of the Watershed
Management Programs, Craftwater built a
Monitoring Data Dashboard to compile
available data and help visualize conditions
and trends , which included data in Channel
Island Harbor and upstream watershed.

Craftwater’s existing countywide Monitoring Data Dashboard will be leveraged for holistic look at Harbor conditions. 179
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This Dashboard can be leveraged as a tool for the team and the City, where w e will also i ntegrate all additional information to support a comprehensive data review and communication of findings. Additional information may include both quantitative and qualitative, anecdotal information from stakeholders that will be reviewed for appropriate application. The team will facilitate compiling that information across progress and public meetings with stakeholders.

The Craftwater team will combine our historical knowledge with new information, and supplement with near-term site visits to ensure characterization is based on the most current conditions in the Harbor. These features of our team will allow an approach that can look at the water quality feasibility assessment and implementation plan from a systematic and holistic perspective.

Deliverables:
• Channel Island Harbor Data Dashboard
• Site Visit Notes
Task 3: Problem Definitions Statement, Goals, and Objectives To properly evaluate mitigation strategies for the Harbor, the end goals must be clearly defined. The Basin Plan defines beneficial uses that are supported and protected in the Harbor, including preservation or enhancement of marine and terrestrial habitats, vegetation, fish, shellfish, or wildlife and of water and food sources for wildlife. The applicability of each beneficial use defines target water quality objectives across constituents of concern . However, there are often site-specific considerations that influence the appropriate water quality objectives . The Craftwater team will incorporate site-specific conditions of the Harbor using the findings from Task 2 to help define these water quality objectives. For example, where eutrophic conditions are an impairment concern, limits on nutrient concentrations are only one factor in reducing algal blooms . Factors such as temperature and sunlight exposure also influence algal growth and will be considered in setting appropriate site-specific water quality objectives.

Once end goals are defined and site-specific water quality objectives established, the Craftwater team will evaluate different metrics to define achievement of those end goals. Beyond numeric limits, the spatial (where) and temporal (when) aspects of the evaluation metrics must be defined. While many similar efforts often set the where and when solely based on current water quality conditions and required improvements to protect beneficial uses, it is important to consider the performance of potential mitigation strategies at this early stage as well .

Craftwater will apply an iterative approach with Task 4 to explore metrics that can clearly demonstrate achievement of end goals, while also evaluating how the impact of potential mitigation strategies can be measured.

Finally, the Craftwater team will use the defined performance metrics to characterize the gap between current conditions to the end goals protective of beneficial uses in the Harbor. This will include defining why existing conditions are not achieving beneficial use goals and associated water quality objectives, which will set the approach to identifying appropriate mitigation strategies.

Craftwater has successfully integrated site -specific analyses to adjust water quality objectives protective of set beneficial uses across compliance plans in Ventura, Los Angeles, and San Diego Counties . Combined with careful consideration of assessment areas (where) and critical conditions (when), this targeted approach has often resulted in a reduced burden on pollutant load reductions, while maintaining the ability to demonstrate attainment of end goals.

This was most recently applied in the Ventura Countywide Watershed Management Programs, where pollutant water quality objectives were evaluated for each waterbody individually, assessment areas were established at a watershed scale representative of key waterbodies, and different critical conditions were evaluated in terms of pollutant load reduction targets and performance of potential implementation strategies to meet those targets. This resulted in a streamlined implementation pathway, with limited reliance on structural control measures but confidence in achieving the water quality goals of the program. This has also been demonstrated in other efforts in the Los Angeles region, including the Rio Hondo/San Gabriel River rWMP and Upper LA River PreSIP. 180
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Deliverables:
• Tech Memo of Problem Definition Statement, Goals and Objectives • Spreadsheet of Performance Metrics
Task 4: Identification of Mitigation Strategies
Based on characterization of existing conditions, the Craftwater team will compile a preliminary suite of potential mitigation strategies. Strategies will be characterized as in Harbor or upstream controls, which each require different identification and evaluation approaches. Over the last four years alone, Craftwater has supported development or implementation of 20 out of the 26 LA Region Watershed Management Programs and led 25 multi -benefit stormwater master plans covering over 2.5M acres of watershed area . From this experience, we know it is important to keep the end goals, as defined in Task 3, and screening/evaluation criteria of potential strategies closely linked. These exercises require a multidisciplinary approach integrating considerations of the regulations, water quality science, and engineering, which our planners, scientists, and engineers are uniquely qualified to offer.

Identification of strategies will build in consideration of previous plans that are progressing in the watershed. This includes leveraging strategies identified in the Watershed Management Program, such as Low Impact Development, Enhanced Minimum Control Measures such as Street Sweeping, Source Investigations, and Structural Upstream Controls. Given the historic focus on this area, previous mitigation strategies identified such as pumping options in the Harbor, targeted nutrient
source control, mechanical filtration, or
decommissioning of the Edison Canal will be
evaluated and as appropriate incorporated in the
suite of potential strategies, along with
investigation of alterations or enhancements to
these previous proposed strategies.

Evaluation will be focused on the performance metrics
defined in Task 3 and feasibility, but we will integrate early consideration for other factors such as costs,
additional community benefits, schedule of
implementation, long-term maintenance , and other
factors agreed on with the City and stakeholders. Each
strategy will initially be evaluated individually, but where appropriate a suite of strategies will be evaluated.

To evaluate performance of upstream controls, the
watershed model Craftwater developed under the
Watershed Management Program in the Loading
Simulation Program in C++ (LSPC) and customized
BMP model consistent with EPAs System for Urban
Stormwater Treatment and Analysis IntegratioN
(SUSTAIN) will be leveraged. These existing models will allow for ease of “plug and play” to consider pollutant load reductions from any upstream controls. Throughout
this process, we will facilitate stakeholder engagement to gain early feedback on potential strategies and clearly identify priorities as mitigation strategies are compared.

Leverage the watershed model Craftwater built for
the Ventura Countywide WMPs, calibrated to
recent, local conditions.
181
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 27
OPTIONAL – Hydrodynamic and Eutrophication Modeling: To maximize certainty of the feasibility study, the Craftwater team recommends the City consider linking watershed modeling with new receiving water modeling to evaluate potential in Harbor mitigation strategies. The Craftwater team will perform a review of the spatial and temporal datasets publicly available needed to assess the environmental, meteorological, and oceanographic conditions in the Channel Island Harbor. The success of a model’s outputs is strongly correlated with the quality of the input data. This review will determine and document all the data available for the following parameters:
• Water levels
• Meteorological conditions (wind, atmospheric pressure) • Currents
• Bathymetry and topography
• Sea level rise
G
HD will develop a numerical model for hydrodynamics and water quality to assess the circulation and water quality changes that affect the Harbor. The Environmental Fluid Dynamic Code (EFDC) for hydrodynamic simulation, coupled with The Water Quality Analysis Simulation Program (WASP) for water quality simulation are the proposed software for this study. This software package is well recognized and used and approved by the Environmental Protection Agency (EPA) for eutrophication modeling. The modeling team proposed for this project has a large history of cooperation working together in numerous EFDC-WASP model applications.

The first step of the model setup is developing a model domain that encompasses the Channel Islands Harbor and the surrounding coastal areas. The domain will be discretized with flexible resolution according to the circulation and water quality challenges in the different areas of the domain. The model will extend offshore to an area where boundary conditions for hydrodynamics can be set out for a proper simulation of the circulation and water quality inside the Harbor.

The model will be calibrated against available measured water level and current data within the extend of the modeling domain. The purpose of this is to ensure the model outputs accurately reflect in-situ conditions.

The model will be used to evaluate different alternatives under a number of different forcing conditions to evaluate the improvement of circulation and water quality in the Harbor.

Numerical models are a great predictive tool, but their complexity and encompassing nature mean success hinges on simple and effective communication of results. The Craftwater team understand the intricacies of the models but also appreciate the bigger picture of the project, namely the project objectives and stakeholders. We will present model results as GIS interface maps, time series plots, figures, visualizations and animations. These are used strategically in meetings, presentations and reports, depending on the target audience, such that are intuitive and accessible.

Deliverables:
• List of Potential Mitigation Strategies
• Tech Memo of Preliminary Evaluation of Potential Mitigation Strategies • List of Recommended Mitigation Strategies
Task 5: Mitigation Strategies Analysis Report
The Mitigation Strategies Analysis Report will c raft a clear, concise document summarizing findings from the above tasks. Craftwater prides ourselves on taking technically heavy material and presenting in an easy-to-understand format that includes sufficient details for interested stakeholders. Our reporting opens the box on any modeling assumptions and results and provides context for a technical reviewer, council member, or members of the public. 182
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 28
The Report will incorporate additional
information on each recommended strategy
to guide management decisions to proceed
with implementation. Beyond demonstrating
the strategies feasibility and performance, the
Report will characterize Permit requirements,
environmental documentation requirements,
cost estimates, schedules for implementation,
recommended Lead Agency, long-term
maintenance considerations, and linkage with
potential funding opportunities.

During the preliminary feasibility assessment,
the Craftwater team will integrate evaluation of
specific environmental constraints , so these
are factored into the initial recommendations .

Our teams’ regulatory specialists are recognized in the area for their ability to streamline permitting pathways to expedite project schedules and optimize budgets . We will also work to identify conceptual project alternatives that may avoid costly and timely permits, special studies and surveys, and other hurdles depending on specific resource agency requirements. Our team considers these environmental constraints analyses as a critical step in the design of engineering projects and mitigation strategies and is currently supporting projects with local water agencies and municipalities in coastal and environmentally sensitive habitats. Rincon’s environmental planners are also experts in environmental documentation requirements of the California Environmental Quality Act (CEQA), and our technical support team includes specialists in all the analysis areas. They have completed hundreds of local CEQA projects, all of which require public review and comments, and regularly require public hearings, public outreach facilitation, and consultation with resource agencies.

Cost estimates and schedules of implementation for recommended mitigation strategies will be early considerations for each strategy so that financial feasibility can be considered. Proactive identification of funding sources and potential grant sources is one of, if not the, most important factor to taking a project off paper and into construction.

Craftwater presents technical material in an engaging,
digestible format, such as done for the Ventura Countywide WMPs.

Example of the Craftwater Team’s Funding Strategy Resources 183
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 29
Our team will integrate consideration of funding early in the process characterizing mitigation strategies and allow for a feedback loop for potential strategy enhancements that are more likely to align with grants. With Villa Civil, our team offers expansive experience working closely with Cities to identify funding needs, align opportunities, assess feasibility, and generate well-constructed grant applications. For recommended mitigation strategies the Craftwater team will work with the City to identify key funding deficiencies and develop a funding needs lists as a baseline to identify funding opportunities. We will present a list of currently known funding opportunities to vet strategic grant pursuits, teaming opportunities with other agencies, and potential upcoming funding sources. With our in-depth knowledge of Regional, State, and Federal funding programs and resources, our team excels at pairing existing and planned project needs with the most opportunistic funding resources.

Deliverables:
• Draft Mitigation Strategies Analysis Report
• Final Mitigation Strategies Analysis Report
Task 6: Development of an Implementation Plan
The material from the above tasks will ultimately be formalized in the Implementation Plan. The Craftwater team will work closely with the City and MAC to identify wh ich factors are incorporated in prioritization of strategies, articulating tie into desired end goals . During establishment of performance metrics in Task 3, we will clearly define how those metrics will be measured to be trackable and confirm effectiveness.

From Craftwater’s experience with multi-benefit stormwater master plans, our approach to prioritization has adapted to focus on tiers, rather than any single defined score, as this allows flexibility to pick out top tier projects, without pigeon-holing a City to one end score when drivers or outside objectives potentially change. We also know through our experience taking projects from initial concept, to feasibility study, to design, and finally to construction that change is inevitable. Therefore, our approach will provide a solid bench of feasible alternatives as well as adaptability to re-evaluate mitigation strategies if major pieces of the design are adjusted in the future.

The Craftwater team will coordinate closely with the City to conduct targeted presentations to public stakeholders and City Council and the Board of Supervisors. Over the past three years , Craftwater has directly supported the City of San Diego as strategic advisors, preparing and participating in presentations to City Council Member s and the Mayor’s Office related to advancing the City’s Stormwater Program, implementing critical programs and projects, and making the case for more funding. We are poised to message technical materials to elected officials and emphasize desired outcomes. The specialized support Rincon provided for the City’s Sea Level Rise (SLR) Vulnerability Assessment and Comprehensive Local Coastal Program update also demonstrates our team’s local knowledge of how to interact and collaborate with governmental agencies, technical advisories, non-governmental organizations, and members of the public in and around Oxnard. This will be key to our collective ability to advance any implementation plan through City Council approval. The policies and strategies incorporated into the SLR Vulnerability Assessment and Comprehensive Local Coastal Program will be considered throughout the water quality feasibility assessment and into the implementation plan to assure mitigation strategies are consistent with existing planning documents and are durable to meet long-term needs.

Deliverables:
• Draft Implementation Plan • Final Implementation Plan The notions of cost
reasonableness and
getting projects in the
ground now… is
laudable.
…an example for other
people to emulate as
they…
go through an adaptive
management process
-LA Regional Water Quality
Control Board’s commentary
on Craftwater engineer’s
watershed planning approach
184
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan PROPOSAL Page 30

3.3 PROPOSED SCHEDULE
185
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan

PROPOSAL
APPENDIX A – RESUMES OF KEY STAFF
186

Brianna Datti, M.S.

Lead Engineer, Regulatory and
Water Quality Science

Résumé 1
Experience Summary
Ms. Datti is the lead engineer of the regulatory and water quality science discipline at Craftwater Engineering. She specializes in hydrology and water quality modeling and analysis. She has experience in stormwater management and water quality planning in southern California to address a variety of impairments, including biological impairments, metals, bacteria, toxic pollutants, sediment, dissolved oxygen, and nutrient enrichment. She has worked on the development of accurate watershed modeling to assess existing water quality and determine best management projects and/or strategies to reach compliance with TMDLs, MS4 permit requirements, and other regulatory conditions. She has provided project management and technical lead on regulatory-based and strategic planning projects which incorporated development, calibration, and review of watershed and BMP models, aligned monitoring strategies, and key stakeholder engagement to recommend appropriate target setting and cost-effective implementation actions to achieve compliance. Through her work she is knowledgeable on applicable TMDLs, MS4 permits, and the San Diego and Los Angeles Region 303(d) listings and how ever-evolving regulations and scientific guidelines will impact watershed management programs. She is competent with the development and analysis of HSPF and LSPC watershed models, EPA’s SUSTAIN, coding in MATLAB, R, and Microsoft Excel VBA , as well as the use of GIS in model development and creating informative and appealing visuals.

Relevant Experience
Ventura County Watershed Management Program Development, Ventura Countywide Stormwater Quality Management Program, CA (2022 – Present). Project manager for the development of Watershed Management Programs (WMPs) for all Ventura County MS4 Permittees, covering five watersheds. Led the development of a Reasonable Assurance Analysis (RAA) right-sized to the local conditions, and that delineated actionable and affordable control measures. This included the development and calibration of a new watershed model (L SPC) for the five watersheds in Ventura County and modeling non-structural and structural control measures to evaluate expected reduction benefits. The tailored RAA approach developed is focused around four core elements to base the analysis on (1) latest and local watershed science, (2) assigning watershed and MS4- specific required pollutant reductions, (3) leveraging and optimizing minimum control measures, and (4) providing feasible project -led pathways to compliance. In addition, integrating dynamic tracking, allowing for flexibility and transparency as Permittees proceed with implementation of the Program.

Upper LA River Load Reduction Strategy Adaptation, Safe, Clean Water Program Scientific Study (2019 – Present). Project manager for the development of the Load Reduction Strategy Adaptation Plan in the Los Angeles River watershed to adapt the current strategy to address the Bacteria TMDL to ensure management actions better align with protection of public health and supporting recreational beneficial use goals. Secured $1.2M to fund this effort through the Safe, Clean Water Program. This Plan provides an effective foundation to address pathogen health risk and will help streamline efforts across agencies and other stakeholders. This Plan helps identify the most effective pathway towards improved public health and attainment of bacteria- related water quality objectives through an adaptive management process that incorporates si gnificant advances in the state of the science. The study utilizes a data-driven approach, including watershed models of bacteria loads and BMP models to evaluate effectiveness of strategies, to identify efficient and effective implementation actions watershed- wide.

EDUCATION
MS Civil and Environmental
Engineering, Cornell University
(2017)
BS Environmental Engineering,
University of Connecticut (2015)

AREA OF EXPERTISE
Hydrologic and water quality
modeling
MS4 permit and TMDL
compliance
Water quality data management
and analysis
Watershed management
Water quality monitoring plan
assessments and
bioassessments
Fate and transport of sediment,
metals, and nutrients
Lake hydrodynamics
Geospatial analysis

YEARS OF EXPERIENCE
5 years

CONTACT
Email:

[email protected]

187
Résumé Brianna Datti, M.S.
2 Stormwater Operations & Planning Divisions Strategic Plan, City of San Diego (2021 - Present). Project manager for the development of the first Strategic Plan for the Operations Division under the City of San Diego’s Stormwater Department. Continuing development of annual updates to the Operations and Planning Division fiscal year Strategic Plans. Through close coordination with the Program staff leads, developed a graphic-based plan that clearly defines each program activities under operations, how the work aligns with the Departments overall goals, where there is key coordination with other City departments, and set near-term and long-term goals and action plans for each program. This plan provides an overall vision and understanding of the Divisions responsibilities, while also providing a guidebook on how the Division continues to implement, improve, and innovate, with specific goals to do so.

Proposed and Tentative MS4 Permit and State Water Board Order Review, SGVCOG and ULAR Watershed Management Group, CA (2020). Project manager and technical lead to provide a detailed review of the implications of the new MS4 Permit and the State Water Board Order to the San Gabriel Valley Council of Governments (SGVCOG) and Upper Los Angeles River (ULAR) Watershed Management Group. Summarized and discussed key implications for the groups and drafted comments to submit to the Los Angeles Regional Board and the State Water Board. Drafted targeted talking points for the technical and elected group members during MS4 Permit workshops. Developed a consensus building approach to work across stakeholders to produce a strong negotiation stance for the Permittees. Drafted comments on behalf of the ULAR Watershed Management Group in response to the staff working proposal on the MS4 permit for the Los Angeles region and the State Water Board Order regarding the review of approved Watershed Management Programs. Drafted comments on behalf of the SGVCOG and ULAR Watershed Management Group in response to the tentative order on the MS4 permit for the Los Angeles region.

Famosa Slough Watershed Master Plan, City of San Diego, CA (2019 – 2020). Deputy Project Manager for the Famosa Slough watershed within the City of San Diego that strategically identified multi -benefit project recommendations for a highly visible watershed in San Diego. Lead development of a water quality model framework to strategically identify priority strategies to address water quality conditions in Famosa Slough, where the primary concern is eutrophic conditions. This included identifying methods to quantify the effectiveness of non- structural controls in the watershed in combination with assessments of the effectiveness of structural controls.

Conducted review and initial sensitivity analyses of existing LSPC (watershed) and EFDC (receiving water) models to identify potential improvements and implemented the most critical model improvements, including updates to the subbasin boundaries and land use, land cover representation. Coordination with local non- governmental organizations and other stakeholders to identify solutions within the watershed that meet both flood control, water quality, and restoration needs, but also achieve buy-in from local stakeholders.

Santa Margarita River Watershed Modeling Phase III, Santa Margarita River Nutrient Initiative Group Stakeholders, CA (2019 – 2020). Modeler to update the watershed model for the upper portion of the Santa Margarita River watershed (primarily within Riverside County, downstream of the reservoirs), and receiving water model for the upper mainstem (top of the Gorge to confluence with De Luz Creek). Leading the development of the HSPF upper watershed model, which includes to extend the modeling period, revise s ubbasin boundaries, revise land use and land cover representation, refine surface/groundwater fluxes based on the MODFLOW groundwater model outputs, update boundary conditions at upstream reservoirs, update irrigation input assumptions, and calibrate the model based on available data. Finalized modeling tools will be used to investigate biostimulatory and biointegrity targets for the Santa Margarita River, as well as calculation of required load and waste load allocations in the watershed to achieve the sel ected targets. Conditions will be evaluated under various climate change and management scenarios run through the models.

Water Quality Modeling Support, New York City Department of Environmental Protection (2021 – Present).

Project manager and technical lead to provide strategic advisement to the New York City Department of Environmental Protection on modeling the effectiveness of structural and non-structural control measures. The City anticipates more stringent water quality regulations forthcoming and as previous modeling efforts have focused on flows, looking to update to incorporate water quality. The City has put a lot of emphasis on their nonstructural programs, therefore a key element of this work is developing robust tools and models to assess the effectiveness of these programs. Assessment of existing and proposed structural and non- structural control measures for the priority pollutants will position the City for negotiations with regulators during development of new provisions, as well as inform management decisions and optimization of their projects and programs.

188
Chad S. Helmle, PE
President and Chief Executive Officer
Résumé 1
Experience Summary
A
s President of Craftwater Engineering, Inc, Mr. Helmle offers nationa l experience with a focus on the Southern California water resources service area. He has overseen hundreds of large and small water resources projects a nd has served as program manager or principal-in-charge of several of the largest municipal on-call stormwater-focused contracts in the country. His responsibilities in these roles has aff orded him the unique opportunity to explore a broad spectrum of stormwater -related issues, ranging from strategic planning to design and implementation. Examples of his project leadership include numerous green infrastructure master planning efforts, over 100 regional-scale green infrastructure retrofit design or pre-design projects, and ground-breaking watershed and BMP modeling analyses.

He is especially passionate about finding innovative solutions to the challenging prospect of retrofitting existing urban landscapes and infrastructure to meet the compliance, water resiliency, and/or runoff management needs of municipal agencies. He continually pushes the envelope to improve his team’s methods by inventing new processes, templates, and tools for creating effective and robust design concepts and modeling approaches for stormwater capture projects. This constant push for new approaches has yielded several key innovations, such as incorporating real- time control elements to boost BMP performance while meeting the integrated needs of watershed managers. As a former Air Force civil engineering officer, Mr. Helmle has brought the lessons learned to bear by developing cost -effective concepts for municipalities and numerous military installations alike, resulting in cost savings that spans into billions of dollars. Mr. Helmle strives to strike the ideal balance between form, function, and simplicity of operation.

Relevant Experience
As-needed Stormwater Engineering and Consulting Services, City of San Diego. Program Manager for a $25M, 5-year as-needed contract (2018 – 2019) and a $21.5M, 5-year as- needed contract (2014 – 2018) to provide the full spectrum of stormwater program support to the City, including all of the City’s Water Quality Improvement Plans, stormwater capital project design, special scientific studies, BMP research and development, compliance reporting, and general permit support. Managed one of the largest stormwater contracts of its kind, helping the City gain attention on a national stage, especially with regard to cutting- edge BMP master planning, stormwater design, and innovative permit compliance strategies. Managed over 100 task orders worth nearly $ 30 million. Signature projects completed as part of this contract include: (1) a comprehensive watershed master plan that utilized first-of-their-kind modeling approaches to strategically identify and prioritize regional and green infrastructure project opportunities; (2) an innovative regional stormwater harvesting analysis that demonstrated the degree to which local stormwater capture can feasibly and realisti cally augment water supplies by upwards of 25%; and (3) regionally - critical re-negotiation of bacteria TMDL requirements that will set the stage for reducing municipal bacteria mitigation requirements across the state.

Watershed Engineering On -Call Contract, County of Los Angeles. Principal in Charge for $6M, 3 -year as -needed contract to support the county with wide- ranging watershed services, including the design of regional BMPs in parks, regional master planning work, and piloting of innovative regional stormwater capture programs. W ork for the County was recognized at the national and regional level as precedent -setting, especially in terms of applying technical innovation to solve emerging stormwater problems. Signature projects that Mr. Helmle has personally led include (1) the Multi -Agency Collaborative Stormcatcher Project, which demonstrated the feasibility of leveraging parcel -based real time control systems to capture runoff and augment water supplies; (2) the Lower Los Angeles River Revitalization Plan, which emphasizes a watershed-based approach to revitalizing a 19-mile long, two -mile wide reach of the LA River corridor; and (3) multiple park -based regional stormwater capture BMP designs intended to meet pressing TMDL compliance needs.

EDUCATION
M.S., Civil Engineering,
Environmental Fluid
Mechanics/Hydrology, Cornell
University, 2005
B.S., Engineering and
Environmental Science,
University of Notre Dame, 1997

AREA OF EXPERTISE
Green infrastructure
Strategic planning
Stormwater master planning
BMP planning and engineering
Integrated water resource
management
Low impact development
BMP modeling
Hydromodification management
Stormwater management tool
development
Infrastructure assessment
Military civil engineering
Hydrology and hydraulics
Water quality modeling
Hydrodynamic modeling
Guidance development

REGISTRATIONS/

AFFILIATIONS
2006, Professional Engineer
(Civil), State of California (69525)

YEARS OF EXPERIENCE
22 years

CONTACT
Phone:
805-729-0943
Email:

[email protected]
LinkedIn:
linkedin.com/in/chad-helmle-
588ab11/
189
Résumé Chad S. Helmle, PE
2 Upper Los Angeles River and Ballona Creek Enhanced Watershed Management Programs (EWMPs). City of Los Angeles (as sub to Black & Veatch). (August 2013 – August 2015) Project Manager to support the development of watershed modeling for two watershed management groups and 23 jurisdictions across greater Los Angeles County to develop EWMPs for Upper Los Angeles River and Ballona Creek watershed management groups that provide a collaborative and prescriptive strategy for compliance with mul tiple TMDLs while als o identifying opportunities for enhanced, interagency projects promoting water quality improvement, water supply augmentation, and community services/cobenefits.

Upper San Gabriel River Enhanced Watershed Management Program (EWMP). County of Los Angeles (as sub to MWH Global). August 2013 – August 2015. Project Manager to support the development of watershed modeling for seven jurisdictions across greater Los Angeles County to develop an EWMP for the Upper San Gabriel River watershed management group that will provide a collaborativ e and prescriptive strategy for compliance with multiple TMDLs while also identifying opportunities for enhanced, interagency projects promoting water quality improvement, water supply augmentation, and community services/cobenefits. The end product will provide a cost-effective “road map” for compliance.

Upper Santa Clara Enhanced Watershed Management Program (EWMP). City of Santa Clarita (as sub to Larry Walker Associates).

August 2013 – August 2015. Project Manager to support the development of watershed modeling for two jurisdictions to develop an EWMP for the Upper Santa Clara watershed management group to provide a collaborative and prescriptive strategy for compliance with multiple TMDLs while also identifying opportunities for enhanced, interagency projects promoting water quality improvement, water supply augmentation, and community services/cobenefits.

Gateway (Lower Los Angeles River, Lower San Gabriel River, and Los Cerritos Channel) Watershed Management Programs (WMPs).

John L. Hunter & Associates and Richard Watson & Associates (representing 23 jurisdictions). August 2013 – December 2014. Project Manager to develop watershed modeling for WMPs for three watershed management groups and 23 jurisdictions across greater Los Angeles County to provide each jurisdiction a prescriptive strategy for compliance with multiple TMDLs through a combination of comprehensive load reduction strategies. Specific control measures to reduce pollutant loads were tailored to local conditions and jurisdictional preferences. Tasks included innovative watershed -wide representation and modeling of green infrastructure opportunities. Existing and planned regional projects were also characterized and incorporated into the modeling framework to credit jurisdictions for past efforts. Schedules were then developed to guide compliance with wet and dry weather goals at the subwatershed scale.

East San Gabriel Watershed Management Program (WMP). MWH Global (representing 4 jurisdictions). August 2013 – December 2014.

Project Manager to develop watershed models to support a WMP for four jurisdictions in the San Gabriel River watershed. The WMPs provide each jurisdiction a prescriptive strategy for compliance with multiple TMDLs by pursuing retention of the 85th percentile runoff volume. Strategies to reduce runoff volume were tailored to local conditions and jurisdictional preferences. Specific efforts included innovative watershed-wide representation and modeling of potential green infrastructure opportunities. Schedules were developed to guide compliance with wet and dry weather goals at the subwatershed scale.

Water Quality Improvement Plans, City of San Diego. Mr. Helmle acted as project manager and to support the City of San Diego in the development of regulatory-driven Water Quality Improvement Plans for the Tecolote, San Dieguito, Los Penasquitos, and Mission Bay watersheds. The projects required the development of sophisticated watershed models (LSPC), model validation and calibration efforts, assessment of regulatory requirements, interpretation of water quality goals, and the development of a regionally optimized green infrastructure solution to achieve compliance. This massive effort resulted in the approval of these plans by the Regional Water Quality Control Board and set the stage for the City of San Diego’s structural and nonstructural investments in these watersheds for the near future. The modeling that was accomplished as part of these projects included innovative optimization techniques never before used at this scale and generated massive cost savings by reducing the need for extensive green infrastructure investment.

Lake Mathews Watershed Water Quality Improvement Study, Metropolitan Water District. Project Manager for study of water quality improvement alternatives in the Lake Mathews watershed. Worked with the client and other local agencies to identify, gather, and organize all available watershed data necessary to develop, calibrate, and validate a LSPC watershed model. Managed data analysis to assess current and future levels of water quality protection for Lake Mathews based on existing water quality improvement facilities and programs in the watershed and the understanding of future development patterns. Managed development of a series of water quality improvement alternatives, including opportunities to implement regional water quality and hydrologic control facilities that would improve overall water quality within the watershed. Managed simulation of each alternative as a scenario in the model to simulate the hydrologic and pollutant removal performance of the structures. The goals of this process is to provide the maximum practicable protection of the Lake Mathews’ water quality and provide a framework for the future development of a source water protection plan.

Support for the City and County of San Francisco’s MS4 Permit Implementation, San Francisco Public Utilities Commission (SFPUC).

Principal in Charge. Provided contract and technical oversight for a task order-based contract to provide technical support to the SFPUC Regulatory Compliance Division over a 5-year period by developing program components for compliance with each element of the 2013 Phase II Permit. Streamlined program management and met required milestones through a combination of program evaluation and planning, establishment of program priorities, development of standard operating procedures (SOPs), development of outreach and training materials, creation or revisions to tracking systems and databases, and other activities to improve the efficiency and effectiveness of the MS4 program.
190

Brad Wardynski, PE
Senior Project Manager & COO

Résumé 1
Experience Summary
Brad Wardynski is a Water Resources Engineer with over a decade of experience in the fields of urban hydrology and green infrastructure. Mr. Wardynski has worked with influential industry experts on a variety of projects spanning the full scope of stormwater program management, including regulatory support and reporting, multi-benefit watershed planning, modeling, feasibility and design, monitoring, outreach, and technical guidance. His projects and research have directly impacted stormwater control measure design guidance and he has collaborated with academics to present these findings nationwide to the design and regulatory community, including green infrastructure design, construction, and maintenance trainings offered at international conferences and symposia. His specific areas of expertise include current knowledge of stormwater control measure system performance and unit processes, formulation and adaptation of targeted watershed plans for regulatory compliance (including real -time control systems), and development of web - based applications for data management and decision support. He is currently working with over 50 a gencies in Southern California to build achievable, implementation -oriented compliance pathways, including for the Upper LA River Watershed Management Group (the largest in Southern California).

Relevant Experience
6 Enhanced Watershed Management Program (EWMP) Updates (Santa Monica Bay J2/3 , Upper Los Angeles River, Ballona Creek, Dominguez Channel, Upper Santa Clara River, and East San Gabriel Valley Watershed Management Groups), CA 9/2020 – Present. Sr. Project Manager for updating the EWMPs based on permit-required revised reasonable assurance analyses (RAAs) and adaptive management. The models supporting the RAAs were updated based on new data and tools available, as well as implementation progress. Incorporating updates to the EWMP documents based on the latest regulatory drivers, water quality priorities, project progress and opportunities, and revised recipes for compliance, including updated cost estimates to achieve.

Scientific Study to Balance Safe, Clean Water Program Outcomes, Accelerate Resiliency L.A. (ARLA), 11/2020 – Present. Sr. Project Manager leading study to gain consensus among a Working Group of municipal (City of LA, San Gabriel Valley Council of Governments, and Gateway Water Management Authority) and NGO (LA Waterkeeper, The Nature Conservancy, and SCOPE) stakeholders around Safe, Clean Water Program adaptation recommendations.

Identified full spectrum of potential project opportunities (from distributed nature- based solutions to regional, gray solutions) i n a pilot subwatershed and modeled to analyze outcomes related to Working Group -recommended metrics, including maximizing water quality, water supply, and community investment benefits and leveraging alternative funding sources (Measures A, H, and M) to en hance return on investments over a 50 -year program. Curating technical results into programmatic/policy -based recommendations for the LA County Flood Control District.

Safe, Clean Water Program Metrics and Monitoring Study, LA County Flood Control District 9/2021 – Present. Project Manager supporting the Flood Control District with development of specific metrics for evaluating project and program success under the Safe, Clean Water Program. Will include robust stakeholder engagement and Countywide modeling to generate more localized guidance and measurable outcomes.

EDUCATION
M.S., Biological and Agricultural
Engineering, North Carolina
State University, 2012
B.S., Biosystems Engineering,
Michigan State University, 2010

AREA OF EXPERTISE
Watershed Hydrology and
Stormwater Modeling
Multi-benefit Strategic Planning
Data Analysis, Visualization, and
Web Tool Development
Watershed Runoff Quality
Targeted Water Quality
Implementation Strategies
Watershed Management Plan
Development
Stormwater Capture BMP
Modeling, Evaluation, Design and
Monitoring
Real-Time Controls Analysis

REGISTRATIONS/

AFFILIATIONS
Professional Engineer (Civil),
CA, No. 84989, 2015
Member, American Society of
Civil Engineers
Member, BMP Subcommittee,
California Stormwater Quality
Association

YEARS OF EXPERIENCE
12 years (4 years with
Craftwater)

CONTACT
Home Office: San Diego, CA
Phone: 213-393-2392
Email:

[email protected]
LinkedIn:
linkedin.com/in/bradwardynski

191
Résumé Brad Wardynski, PE
2 Storm Water Harvesting and Use Study, City of San Diego, 4/2019-Present. Project manager to collect, consolidate, and synthesize all known City stormwater capture activities into one consolidated library. The project library was then cross-referenced against specific strategies outlined in a stakeholder-led regional study to provide recommendations for which activities may warrant additional research. Facilitated collaboration between Stormwater Department and Public Utilities Department to identify, model, and cost City-wide opportunities based on San Diego County Stormwater Capture and Use Feasibility Study alternatives. Developed framework and policy recommendations for City-wide stormwater capture planning.

Compliance Analysis for Rainbow Creek (Santa Margarita River Watershed Water Quality Improvement Plan), County of San Diego, 8/2017-12/2017. Conducted compliance analysis to identify the recommended water quality improvement strategies and associated planning-level costs for nutrient TMDL compliance in the Rainbow Creek Watershed. Applied an innovative BMP modeling approach to prescribe and optimize stormwater management strategies customized to manage pollutant loading from fragmented MS4 areas throughout the watershed; this novel, tiered approach enabled cost savings by focusing retrofits in MS4-responsible areas with the highest pollutant loading, while also providing information needed for watershed-scale decision making and negotiations/cost-sharing with other Responsible Parties.

Upper LA River and Rio Hondo preSIP Safe, Clean Water Program Scientific Study, 9/2020 – Present. Sr. Project Manager overseeing completion of the highest-value ($2.3M) scientific study funded by the Safe, Clean Water Program to date. Facilitating coordination with project partners, including street/road agencies, water agencies, regulators, and NGOs to identify opportunities for co-funding project and develop a long-term framework for collaboration. Conducting an unprecedented site-scale review of the entire Upper LA River and Rio Hondo Watershed Areas (750 square miles) to identify, model, and prioritize specific project opportunities; results will provide asset-level clarity to inform EWMP implementation. The collaborative project opportunities gathered from partner organizations will then be combined with the newly identified opportunities and simulated to plot a granular, actionable, and affordable pathway to compliance. Results will be input to a digital planning platform to enable agencies to view recommended project opportunities, plan investments, and track progress. Study also included recalibration of watershed model to better represent CIMP monitoring data, and rearticulation of water quality compliance goals to better align with beneficial uses.

Storm Drain Master Plan and Watershed Assessment, Pasadena 5/2020 – Present. Sr. Project Manager overseeing water quality and storm drain improvement and budget plan, including tactical inventory and condition assessment of over 90 miles of gravity mains, 12 miles of open channel, 2,718 catch basins, and 1,697 maintenance holes. The integrated master plan approach simultaneously informs data-driven capital planning decisions around drainage, water quality improvement, and water supply augmentation. After the system was inventoried, new multi-benefit stormwater project opportunities were identified, modeled, and prioritized to supplement EWMP implementation planning with an emphasis on engineering feasibility and programmatic synergy.

Craftwater then led feasibility studies for two multi-benefit, regional capture projects and led grant applications to request $4.7M of external funding.

Stormwater Master Plan, City of Alhambra, 6/2020 – 2/2021. As Sr. Project Manager, oversaw completion of a City-specific Stormwater Master Plan to articulate in greater detail the project opportunities available to meet Permit requirements. The Master Plan prioritized specific projects within the City, but also searched surrounding jurisdictions for collaborative regional project opportunities. Conceptual designs were developed for the top 3 prioritized sites, and the team presented the plan to City Council.

Safe, Clean Water Program Credit Trading Framework Development, Los Angeles County Flood Control District, 5/2019-Present.

Project manager providing strategic planning and program management consulting in support of developing a credit trading program that includes direct linkage to municipal stormwater Permit compliance, and that also advances the parallel goals of the Safe, Clean water Program—namely, water supply augmentation, nature-based solutions, and community investments. Establishing a framework for a strategic, market-based stormwater management program that (1) clearly satisfies Permit requirements, (2) meaningfully prioritizes multiple benefits, and (3) allows for and encourages third-party participation/investment. Specific deliverables that were developed in close collaboration with the County and The Nature Conservancy included draft ordinance language, a public-facing framework document, a workplan for further advancement of the stormwater market programs, and preparation of content and facilitation of outreach meetings with key stakeholders, including the business community and environmental advocates.

Countywide Regional Stormwater Project Screening and Concepts, Ventura Countywide Stormwater Quality Management Program, 12/2019-Present. Leading a proactive study to strategically position all 12 municipal stormwater permittees in Ventura County to respond to the impending revised MS4 Permit. Includes gathering, compilation, and synthesis of current plans, projects, and data into one centralized, web-based mapping platform; strategic, data-driven, countywide screening for additional candidate stormwater capture projects, including site-by-site visual inspection by engineers; implementation of a novel approach to project prioritization by characterizing the runoff capture potential of every parcel in Ventura County; facilitation of interviews with municipal staff and representatives to incorporate local institutional preferences and knowledge into the prioritization; development of conceptual designs and fact sheets for ten candidate projects.
192

Oliver D. Galang, PE, ENV SP, QSD/P, QISP
Principal Engineer

Résumé 1
Experience Summary
Oliver Galang has more than 2 8 years of professional engineering experience in planning, design, construction , and program management of multi -million-dollar municipal capital improvement projects, specifically in water resources and stormwater infrastructure throughout southern California. He has extensive experience in the areas of water resources, stormwater and urban runoff management, water quality monitoring programs, flood management, and various types of green infrastructure. He i s currently leading Craftwater Engineering ’s Water Resources services in the Los Angeles County area.

Highlights of Oliver’s career also include service as the Head of the Los Angeles River Watershed for t he Los Angeles County Department of Public Works. His responsibilities included staff management and direction for the planning of multi -use, multi -benefit projects, with an estimated construction value of more than $60 million, along the Los Angeles River. He served as the Head of the Data Management Section for Los Angeles County Department of Public Works and was responsible for an annual budget of more than $10 million in urban runoff and stormwater quality monitoring programs, including Los Angeles County Flood Control District (LACFCD’s) National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Monitoring Program. He was also responsible for managing the operations of the LACFCD flood control and water conservation system, which consisted of 14 reservoirs, 500 miles of conveyance channels, and 27 groundwater recharge facilities.

Relevant Experience
Arroyo Seco – San Rafael Wetlands and Restoration Stormwater Capture Project Principal Engineer. This project consists of the development of a Feasibility Study and 10% Design a regional stormwater capture project that incorporates creek restoration, natural treatment wetlands, and stormwater use for irrigation. The project consists of 2 locations along the Arroyo Seco Channel in the Cities of Pasadena and Sout h Pasadena. The project is intended to address the Cit ies of Pasadena’s and South Pasadena’s water quality actions required under the Upper Los Angeles River Enhanced Watershed Management Program. He was responsible for managing the development of the feasibility study , meeting with the Cities, stakeholders, and assisting the City with securing $5 Million in funding from the Safe, Clean Water Program.

Bellflower Water Capture Project at Caruthers Park, Phase I and II Project Manager. This project consists of the design and construction of a regional stormwater BMP Project at the City of Bellflower’s Caruthers Park. The project consists of a storm drain diversion structure, 7.5-acre-foot underground infiltration and storage facility, and pump station to the sewer and return flow to the storm drain. The project is intended to address the City of Bellflower’s water quality actions stated under the Los Cerritos Channel Watershed and the Upper San Gabriel River Enhanced Watershed Management Programs. Oliver is leading the project development team and coordinating these efforts with the City Project Team and the LACFCD.

Carson Water Capture Project at Carriage Crest Park, Phase I and II , Sanitation Districts of Los Angeles County
Project Manager. This project consists of the design and construction of a regional stormwater BMP Project at the City of Carson Carriage Crest Park. The project consists of a storm drain diversion structure, 1 3.4 acre-foot underground storage facility, and pump station to the sewer and return flow to the storm drain. The project is intended to address the City of Carson’s water quality actions stated under the Dominguez Channel Watershed Management Area Group’s E nhanced Watershed Management Program. Oliver is leading the project development team and coordinating these efforts with the County Sanitation Districts, LACFCD, and the City Project Team.

EDUCATION
B.S., Civil Engineering, California
State University, Fullerton, 1993
Engineering Management
Graduate Studies, California
State Polytechnic University,
Pomona, 2005

AREA OF EXPERTISE
Water Resources, Storm water
Compliance, Water Quality
Monitoring Programs, BMP
Design, Drainage Design, Flood
Control, and Groundwater
Recharge
MS Project, Primavera
Scheduling

REGISTRATIONS/

AFFILIATIONS
Civil Engineer 56558, California,
1997

TRAINING/CERTIFICATIONS
Envision Sustainability
Professional, November 2014
Qualified SWPPP Developer
(QSD/P)
Qualified Industrial Storm Water
Practitioner (QiSP)

YEARS OF EXPERIENCE
28 years

CONTACT
Email:

[email protected]
Tel. 213.598.4178
193
Résumé Oliver D. Galang, PE ENV SP
2 Bolivar Park Water Capture Project, City of Lakewood Public Works Department, Lakewood, California Project Manager. Phase I of this project consists of the development of two project concepts that will divert wet-weather and dry- weather urban runoff from the Los Cerritos Channel to an underground infiltration gallery or storage system at two City Parks , resulting in the development of 10% design documents for two City Park Regional BMPs. Phase II consisted of the development of the final design documents for an innovative regional BMP at Bolivar Park. Phase III includes the design support services during construction of the regional BMP. Oliver is leading the project development team and coordinating these efforts with the City Project Team and leading the coordination with the LACFCD.

Mayfair Park Water Capture Project, City of Lakewood Public Works Department, Lakewood, California Project Manager. This project consists of the development of a regional BMP that will divert wet -weather and dry-weather urban runoff from the Los Cerritos Channel to an underground infiltration gallery or storage system at Mayfair Park. The project consists of the development of final design documents for an innovative regional BMP at Mayfair Pa rk that includes stormwater capture and use for irrigation. The diversion structure consists of an air -inflated rubber dam and inlet structure. The discharge options include sanitary sewer discharge or filtration and discharge into the storm drain system. Oliver is leading the project development team and coordinating these efforts with the City Project Team and leading the coordination with the LACFCD.

AB 530 Lower Los Angeles River Revitalization Plan, Vernon to Long Beach, Los Angeles County Department of Public Works, California Project Manager. This project consists of the development of a visionary, community-based revitalization plan for the 19-miles of the Los Angeles River, from Vernon to Long Beach. The project is being developed in response to Assembly Bill 430, which requires the developm ent of the Lower Los Angeles River Working Group and the development of a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River. Oliver , on behalf of the LACFCD, Rivers and Mountains Conservancy, and Assemblyspeaker Rendon, is managing the direction of the technical documentation for the Working Group, the technical teams in assessing the multiple facets of the revitalization plan, which includes a robust Community Engagement Program, assessment of the Community Economics, P ublic Recreation needs, sustainable water resources, and environmental enhancement opportunities.

Echo Park Lake Rehabilitation Project, City of Los Angeles, Bureau of Engineering, Los Angeles, California Project Manager. He managed the construction phase of this $50 million project, including reviewing contractor submittals, responding to requests for information, and preparing weekly reports. This rehabilitation project was funded by the City’s Proposition O Clean Water Bond. Project goals were to characterize the sediments of the existing lakebed, quantify contaminated soils, design in-lake improvements for a constructed wetland, design surrounding parkland BMPs, and provide vegetation, habitat, and parkland improvements.

Lake Hodges Reservoir Water Quality Assessment Study, City of San Diego, California Project Manager. This project consists of an evaluation of the Lake Management issues in the reservoir and the development a conceptual design report with those recommendations. This study evaluate d water quality challenges in the reservoir, including algae, regulatory demands, and quagga mussel controls in the reservoir. Scope of work also includes the development of a hydrodynamic model to estimate the potential changes to the reservoir as a result of the proposed alternatives including algae harvesting wetlands and a speece cone . He was responsible for managing the project, coordination with the stakeholders, conducting the conceptual alternatives workshop, and the development of the conceptual planning report documents.

State Route 73 Conversion from Pilot to Approved BMPs, Caltrans District 12 Technical Lead. Oliver evaluated pilot best management practices (BMPs) and developed improved skimmer designs for four pilot BMPs with skimmer outlets. This project provided a conversion plan of 22 pilot BMPs to permanent BMPs located along State Route 73 for the California Department of Transportation, and the re-design, construction, and installation of improved skimmers.

He developed three concepts for improving the pilot BMP basins with skimmer outlets. These concepts consisted of improvements to the intake system, and operation and maintenance procedures.

Agua Hedionda and Calaveras Creek Channels Dredging Project, City of Carlsbad, California Project Manager and Technical Lead. This project consists of the preparation of design plans and specifications for sloping rip rap drop structures and excavation to improve the flood control capacity of the channels. He is responsible for project manageme nt and for the development of the design documents for the City.

North Tecolote Canyon Creek Crossing, City of San Diego Public Utilities, California Technical Lead. This project involves the development of stream crossings along the Tecolote Canyon. The stream crossings will support the City’s Public Utilities to access and maintain the sewer pipeline system within the canyon areas of San Diego.

Regional Stormwater Facility Feasibility Study, City of San Jose, California Technical Lead. The Regional Stormwater Facility Feasibility Study project consist of the evaluation of the City’s requirements under the San Francisco Bay Municipal Regional Stormwater NPDES Permit for meeting Low Impact Development and Hydromodification requirements fo r developments and redevelopments. He was responsible for conducted the review of the permit requirements, evaluating similar programs and projects to address these requirements, and develop an approach for alternative compliance methods.
194

Thom Epps, PhD
Water Resources Engineer

Résumé 1
Experience Summary
Thom Epps is a water resources engineer who specializes in innovative stormwater modeling, high-resolution geospatial assessment, and green infrastructure prioritization in urban settings. Thom comes to consulting with a diverse academic background in geospatial analysis, hydrologic research, and stormwater management innovation that lends itself well to helping clients meet hydrologic goals and improve water quality while minimizing cost. He has studied watershed management strategies and hydrology in diverse settings across the United States (Greenville and Charleston, SC; Portland, OR; Knoxville, TN; San Diego and Los Angeles, CA) as well as in Australia (Melbourne, VIC), and in cities ranging in size, stormwater regulations, and management approaches.

Mr. Epps has conducted watershed assessment, hydrologic monitoring, and stormwater management research for several years in the academic realm and consulting before joining Craftwater. Since joining Craftwater, he has been involved extensively in the development and analysis of a larger number of Safe, Clean Water Program projects and submissions. His work employs state-of-the-science approaches, coupling proven hydrologic models with high-resolution geospatial assessment to improve model results and provide greater assessment potential to explore a full suite of options to meet client needs. He is skilled in LSPC, SUSTAIN, SWMM and other hydrologic models and he uses coding in Python and R to create custom analytical tools and enhance hydrologic information from available municipal datasets.

Relevant Experience
Ventura Regional Stormwater Capture Project, Ventura Countywide Stormwater Quality Management Program, 2019 to present . Led the identification of 50+ prioritized regional BMP opportunities County-wide and utilized stakeholder engagement to select and develop the 10 most impactful and institutionally -integrated project opportunities into detailed concepts to aid in BMP planning for the County in anticipation of revised Permits across County watersheds.

Rio Hondo/San Gabriel Revised Watershed Management Compliance Sensitivity/Certainty Analysis, City of Monrovia, 2020 . Modeling lead the modeling, sensitivity, and certainty analysis in support of indepe ndent expert review of the novel compliance interpretations utilized in the Revised Enhanced Watershed Management Program for the Rio Hondo/San Gabriel River Water Quality Group. This study employed complex, iterative, and robust modeling analysis to assure the approach woul d result in resilient infrastructure solutions to be submitted for Safe, Clean Water Program funding.

Storm Water Harvesting and Use Study, City of San Diego, 2019 to present. Leading the geospatial screening, modeling, and quantification for various potential stormwater harvesting activities to quantify and compare these strategies to help the City of San Diego make focused decisions about how they might best incorporate these strategies into their water resources management programs.

Los Cerritos Channel Watershed Feasibility Studies, Richard Watson and Associates, 2019 to present. Lead modeler in the characterization of runoff and water quality and BMP optimization for 4 regional BMPs for Safe, Clean Water Program submissions .

Each regional BMP represents unique site constraints and design parameters that were accounted for in modeling and configurat ion comparisons to ensure that each design is right -sized to the watershed it services and is constructed to utilize the most im pactful capture reuse options that will contribute to broader region water resource goals.

Lower San Gabriel River Watershed & Lower Los Angeles River Watershed Project Feasibility Studies, John Hunter and Associates, 2019 to present. Lead modeler in the characterization of runoff and water quality and BMP optimization for 6 regional BMPs for Safe,

EDUCATION
PhD, Civil and Environmental
Engineering (Water Resources),
U. of Tennessee, 2018.

M.S., Biosystems Engineering
Clemson University, 2012.

B.S., Industrial and Systems
Engineering, Georgia Institute of
Technology, 2004.

AREA OF EXPERTISE
Urban hydrology and stormwater
management
Geospatial watershed
assessment and modeling
Hydrologic and water quality
modeling
Watershed management plan
development
BMP modeling, evaluation, and
design
Automated “big data” analysis

REGISTRATIONS/

AFFILIATIONS
American Society of Civil
Engineers (ASCE)
American Water Resources
Association (AWRA)

YEARS OF EXPERIENCE
5+ years

CONTACT
Email: [email protected]
195
Résumé Thom Epps, PhD
2 Clean Water Program submission. Each regional BMP represents unique site constraints and design parameters that were accounted for in modeling and configuration comparisons to ensure that each design is right-sized to the watershed it services and is constructed to utilize the most impactful capture reuse options that will contribute to broader region water resource goals. Analysis was performed with consideration of other planned projects to ensure that BMPs are designed to work together and do not inhibit the performance of any other known regional projects.

Famosa Slough Watershed Master Plan, City of San Diego, 2018 to 2019. Supported hydrology and water quality modeling revision and led the BMP opportunity identification for Famosa Slough watershed. Focused BMP opportunities to address nutrient loading and to retrofit existing BMP s to improve their performance and provide the most cost -effective solutions for the watershed water quality goals.

Strategic Project Pilot Study for Compton Creek Watershed, Los Angeles County Department of Public Works, 2018 to 2019 . Lead modeler for the development, implementation, and validation of a novel strategic method for stormwater capture project planning for the 2,680 square miles of watershed that is managed by Los Angeles County Flood Control District. High -resolution data and on-the- ground engineering provided the foundation for project identifica tion and screening, then analytical tools were used to chara cterize potential performance using meaningful metrics (e.g., average annual volume captured, annual pollutant load captured). Iterative modeling and values -based ranking were used to develop the most impactful and cost- effective projects for the watershed . This modeling framework is currently being applied to additional watersheds as planning efforts in the region are refreshed.

Water Quality Characterization Study for Central Avenue Drain, Ventura County Watershed Protection District, 2018 to 2019. Modeled long-term (100+ years) runoff simulation for the characterization of runoff and effective BMP sizing for an agricultural watershed in Ventura County to inform design of a spreading basin. Included analysis to identify applicable water quality objectives for comparison, hydraulic modeling of various pretreatment configurations, and recommendations for treatment to protect surface water and groundwater resources.

Greenbelt Infiltration Project, City of Hermosa Beach, 2018 to 2019. Lead modeler for development of a preliminary design report for a regional stormwater capture facility. Headed modeling and characterization of runoff and water quality, as well as BMP optimization modeling to guide design decisions.

Culver Boulevard Stormwater Infiltration and Retention Project, City of Culver City. 2018 to 2019. Lead modeler in the development of baseline hydrology and water quality models as well as optimization of a regional BMP located in an important community parkway.

A variety of BMP configurations were explored, modeled, and optimized to present the City w ith a variety of options that were jointly assessed against community desires and project outcomes. Ultimate recommendations represent an optimization pro cess that truly accounted for the best scientific and engineering options as well as client wishes and community needs. Runoff contribution analysis for this project was utilized to secure a water quality/cost- sharing option for the client with an additio nal jurisdiction to account for water quality benefits deriving from runoff outside of Culver City boundaries. This analysis and approach were approved by the Los Angeles Regional Water Quality Control Board.

Green Street Implementation Plan for Dominguez Channel Watershed Management Area. 2017 to 2018. Lead modeling efforts on the creation of a green street implementation master plan for the Watershed Management Area in the Dominguez Channel watershed near Los Angeles, CA. Analysis included the use of high-resolution geospatial data to characterize the urban landscape so opportunities for green streets were accurately identified and optimization was hydrologically guided to rapidly generate the most cost- effective options for the client. The EPA SUSTAIN model was used in conjunction with custom scripting in Python and R to iterate over all possible configurations of BMP location, size, and type to identify the most cost -effective distributed applications of g reen infrastructure that will work in concert across the watershed to address water quality goals. Baseline water quality loading was modeled using L SPC to provide SUSTAIN models accurate and realistic pollutant loading data. Analysis considered and acco unted for both planned and implemented regional BMPs by member jurisdictions so that recommendations do not overcompensate in areas where current projects are already functioning, or future projects are already planned.

Multi-Benefit Stormwater Capture Projects for USGR EWMP, City of Industry. 2017 to 2019. Lead modeler for baseline hydrology and water quality for seven stormwater capture projects that were identified by the Upper San Gabriel River (USGR) Enhanced Water shed Management Plan (EWMP) as priority projects to help jurisdictions located in the watershed meet compliance for water quality. Each project was assessed using spatial analysis to refine drainage area estimates and these were used in the WMMS modeling framework to develop baseline hydrology and water quality conditions for use in project optimization. Each site offers varying constra ints and opportunities that determines the available options for stormwater capture and treatment. Projects were optimiz ed in regard to modeling results and site constraints to provide recommended configurations for large-scale stormwater capture units that will provide the greatest water quality benefit for areas in the EWMP to help meet final compliance. 196
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
MESM, Water Resources and
Conservation Planning,
University of California, Santa
Barbara. Bren School of
Environmental Science &
Management
BA, Philosophy and Business
Management, Stony Brook
University

CERTIFICATIONS/

REGISTRATIONS
Qualified SWPPP
Practitioner/Developer
(QSP/D) #26402
Certified Professional of Storm
Water Quality (CPSWQ) #1110
OSHA 40 Hour HAZWOPER
#91237

YEARS OF

EXPERIENCE
13 Kiernan Brtalik, CPSWQ, QSD/P
Director, Watershed Sciences
With over 13 years’ experience, Kiernan oversees the implementation of various monitoring and assessment studies, permitting and compliance projects, and consultation for an array of watershed -scale programs. This includes the implementation of surface and groundwater monitoring programs driven by the Sustainable Groundwater Management Act (SGMA) and basin-specific Groundwater Sustainability Plans (GSPs), TMDLs, 303(d) listing status evaluations, and Best Management Practice (BMP) water treatment efficacy s tudies. Kiernan also supports numerous water quality NPDES permit compliance programs including Waste Discharge and Water Recycling Requirements for discharges for wastewater treatment facilities and dewatering activities , Municipal Separate Storm Sewer System discharges (Phase I, Phase II, and Caltrans MS4 permits), and stormwater discharge from construction sites and industrial facilities (Statewide IGP and CGP).

He has participated in regional studies such as the Southern California Stormwater Monitoring Coalition (SMC) Regional Watershed Monitoring Program and Southern California Bight Regional Monitoring Program. Furthermore, he supports clients in developing environmental planning documents to meet CEQA and other regulatory agency requirements.

SELECT PROJECT EXPERIENCE
Director, Ventura County Public Works Agency – Ventura River Algae TMDL Compliance Monitoring and Reporting, Ventura
Kiernan oversees the compliance monitoring and reporting services related to the Ventura River and Tributaries Algae, Eutrophic Conditions, and Nutrients TMDL (Algae TMDL). Monitoring and reporting activities are completed in accordance with the Comprehens
ive Monitoring Plan, which specifies protocol for water quality sampling and analysis; algae sample collection, processing, and testing; and continuous water quality data collection using remote data sondes. As part of this project, Kiernan coordinates Rin con’s core technical staff, as well as activities across three additional partnering firms. His support to the client has been instrumental for receiving favorable outcomes in monitoring and reporting modification requests to the Regional Board.

Director, California Trout, Inc – Pollutant Source Identification Study for the Harvey Diversion Fish Passage Remediation Project, Santa Paula Kiernan conceptualized this project with the client and oversaw the development and implementation of this investigation. Taking a phased approach, the team completed an initial desktop study followed by a field reconnaissance to site monitoring locations and develop schedules based on watershed conditions and local knowledge. The watershed has been segmented into discrete study areas to isolate potential sources of water quality impairment in the watershed (e.g., on -site wastewater treatment systems, sanitary sewer infrastructure, recreational activities, livestock and agriculture, natural sources, and stormwater). Analytical samples for FIB, human DNA markers , and other intrinsic tracers were collected routinely and during storm events to evaluate potential water quality drivers related to seasonal land uses, human uses, baseflow conditions, and overland flows related to storm events.

Continuous water quality and level data were collected to inform the investigation. Reporting activities include quarterly updates, a final summary report, and stakeholder outreach to guide management actions for pollution prevention.

197
Kiernan Brtalik, CPSWQ, QSD/P, Page 2

Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

Project Director, Ventura County Watershed Protection District – Ventura Countywide Stormwater Monitoring Program, Ventura
Kiernan oversees stormwater monitoring and sampling activities to meet the Ventura Countywide MS4 Permit requirements. This program assesses potential impacts of MS4 discharges on receiving waters, evaluates overall health and long -term trends in water quality, a nd evaluates performance against TMDL targets and water quality objectives. Kiernan ensures staff are properly trained and equipped to conduct stormwater composite sampling, grab sample collection, and in-situ water quality parameter measurements at fourteen monitoring locations.

Project Manager/Director, Upper Ventura River Groundwater Agency – Groundwater Sustainability Plan Support Services, Ojai
Kiernan leads an interdisciplinary team of professional hydrogeologists, biologists, and fisheries biologists to support GSP development and ongoing implementation. Specific focus areas include interconnected surface water, Groundwater Dependent Ecosystem (GDE), sustainability criteria development and assessment through special studies and ongoing monitoring, monitoring plan development, and projects and studies to address data gaps (per SGMA requirements). Field data are collected, and data managed through AGOL tools. Kiernan works closely with GIS analysts and numeric modelers to evaluate simulated scenarios of groundwater and surface water elevation and discharge rates to assess potential effects to beneficial uses and users of groundwater . The team provides environmental compliance and permitting services related to the development of projects, including CEQA documentation and regulatory agency correspondence, permit applications, and permit compliance. In addition, grant writing support is provided for technical considerations of surface water and groundwater interconnectedness, monitoring approaches and strategies, and sensitive biological resources. Additional skills important to this project includes public outreach, engagement, and public presentations that include water agency, environmental, regulatory, and agricultural stakeholders.

Project Scientist, City of Ventura – Ventura Wastewater Treatment Facility NPDES Permit Compliance Monitoring in Santa Clara River Estuary, Ventura
Supports fish and habitat assessments for the City related to requirements in the current NPDES permit for discharge to the Santa Clara River Estuary. This permit authorizes discharges of treated water to the Santa Clara Estuary, and includes a schedule for ramping down discharges as the City recycles treated water for distribution. As part of this project, he helped the team develop a novel habitat monitoring approach to meet new requirements established by the updated NPDES permit (No. CA0053651, Order R4-2020-0024).

Project Scientist, City of San Diego – Los Peñasquitos Lagoon Sediment TMDL Compliance Monitoring and Special Study, San Diego
Kiernan planned, coordinated, and implemented the TMDL- driven water quality monitoring programs. Key achievements during this project include: Monitoring site selection, flow and water quality equipment installation, and station maintenance at eleven (11) riverine sampling locations; Development and maintenance of rating curves for low and high flow conditions using area velocity bubbler systems and field instruments including handheld velocity meters and acoustic doppler current profilers; Management of hy drological and lab analytical data to estimate flow and sediment transport; Calculation of event mean concentrations, and estimation of annual sediment load based on hydrologic data, which were used to demonstrate TMDL compliance; and annual compliance reporting to meet MS4 permit and TMDL requirements.

Project Scientist, Caltrans – Stormwater BMP Efficacy Study and TMDL Compliance Monitoring and Reporting, Various Counties/Cities, California
Kiernan assessed the efficacy of Caltrans’ stormwater BMP technologies, as well as compliance with various TMDLs, he worked with a team of hydrologists and environmental scientists to monitor storm events and the receding hydrographs at treatment facilities in Caltrans District 8, 11, and 12. Caltrans’ stormwater facilities collect and treat discharge from subdrainages within their right-of-way prior to discharge to receiving water bodies.

Project Manager and Technical Lead, Santa Ynez Band of Chumash Indians – Non-Point Source Management Plan, Santa Ynez, California
Kiernan prepared the 2020 Non-Point Source (NPS) plan update for submission to the United States Environmental Protection Agency to satisfy requirements of the NPS Pollution Control Program, as detailed in the Clean Water Act (CWA), Section 319. Under CWA Section 319, Native American tribes receive grant money to support a wide variety of activities including technical assistance, financial assistance, education, training, technology transfer, demonstration projects, and monitoring to assess the success of specific non-point source implementation projects.

The plan presented an integrated approach to planning, implementing, and prioritizing actions to address NPS 198
Kiernan Brtalik, CPSWQ, QSD/P, Page 3

Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

pollution on the Reservation, in addition to a preliminary analysis of available water quality data to guide water quality management decisions. Both structural and administrative best management practices were recommended to protect the Zanja de Cota Creek watershed and groundwater resources.

Project Manager, Rancho Palos Verdes (sub to Anchor QEA) – Palos Verdes Peninsula Coordinated Integrated Monitoring Program, Palos Verdes
Kiernan managed a team of trained and experienced field staff to conduct stormwater monitoring as part of the Palos Verdes Peninsula CIMP outfall monitoring program. Core responsibilities were to ensure field teams were properly trained and equipped for mobilizat ion to the outfall monitoring locations to collect aliquot samples, water quality field parameters, and to created composite time -weighted samples. This monitoring was completed in accordance with the CIMP to meet MS4 permit requirements.

Project Manager/Director, Central Coast Agriculture – Stormwater Hydrology Study, Los Alamos Kiernan provided technical support related to Central Coast Agriculture’s Lake and Streambed Alteration Agreement (LSAA) with California Department of Fish and Wildlife (CDFW) for its property located in Los Alamos. Rincon is developing a hydrology study in accordance with CDFW’s request for additional information to finalize the LSAA. This hydrology study will inform stormwater management considerations at the property to protect water quality and natural habitats.

Technical Lead, Central Coast Agriculture – Stormwater Management Plan, Buellton and Los Alamos Providing technical support related to Central Coast Agriculture’s Stormwater Management Plans for its two farms located in Buellton and one farm located in Los Alamos, California. Rincon is assisting in evaluating stormwater management needs for these farms, joining site visits and consulting on appropriate solutions.

Project Scientist, City of San Diego – Shelter Island Yacht Basin Copper TMDL Monitoring, San Diego Kiernan was responsible for the collection of time weighted grab samples for storm monitoring. In addition, he was co-author for annual monitoring reports. As part of the reporting requirements, he calculated event mean concentrations, and estimation of annual Copper load based on hydrologic modelling data using EPA SWMM. These results were used to demonstrate TMDL compliance.

Project Scientist, National Steel and Shipbuilding Company – South San Diego Bay Shipyard Sediment Study, San Diego
As field sampling technician, Kiernan provided field support for sediment sample collection within San Diego Bay.

Sample locations were targeted based on dredge footprint areas and were selected to determine whether the cleanup of toxic sediment was complete. Sediment cores were collected from the water surface, utilizing Vibracore technology, which penetrates an aluminum tube up to six feet below the seabed level. Sample cores were segmented based on material type and depth, and sample aliquots from each s oil type were composited and delivered to the laboratory analysis.
199
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
BS, Aquatic Biology, University
of California, Santa Barbara

CERTIFICATIONS/

REGISTRATIONS
California Rapid Assessment
Method Trained: Riverine and
Estuarine Wetlands
California Rapid Assessment
Method (CRAM) Fully Trained
Practitioner, 2012
Elkhorn Slough Foundation
Blunt-Nosed Leopard Lizard
Workshop, 2009
Elkhorn Slough Foundation
California Red-Legged Frog
Survey Training, 2013
Los Angeles County SEATAC
Biologist

YEARS OF

EXPERIENCE
20 Christopher Julian
Principal Regulatory Specialist
Chris has 20 years of experience as an environmental consultant, including 12 years as an interdisciplinary project manager. His technical emphases include environmental analyses under NEPA and CEQA, all aspects of California and federal stream and wetlands per mitting (including agency coordination and negotiations, jurisdictional determination, wetlands functional assessment, and 404(b)(1) analysis), and endangered species permitting. He effectively assists clients in developing strategic regulatory compli ance solutions, and has managed and prepared highly complex CEQA, NEPA, and ESA documents. Chris also has an extensive stream ecology background, encompassing lake and stream bioassessments, surveys for aquatic wildlife species, and mapping of aquatic habitats. He is a trained wetlands delineator and a Fully Trained California Rapid Assessment Method (CRAM) practitioner and has provided training on environmental permitting to various organizations throughout California.

SELECT PROJECT EXPERIENCE
Biological Resources Task Leader, Ojai Valley Sanitary District – Ventura River Algae Inventory Study, Ventura County
Supervised a team of aquatic biologists in a long-term study of algal distribution and abundance in the Ventura River. The project has been ongoing since 2004 and includes monthly surveys at a suite of sample sites along the lower river both upstream and d ownstream of the Ojai Valley Sanitary District’s wastewater treatment plant outfall. Many physical, chemical, and biological factors are measured at each site, including algal cover, irradiance, streamflow, nutrient concentrations, and abundance of grazers to discern the factors controlling algal distribution and abundance in the river.

Biological Resources Task Leader, City of Goleta – Lake Los Carneros Limnology Study, Santa Barbara County
Chris oversaw a team of biologists conducting monthly assessments of the overall health of Lake Los Carneros, a manmade catchment, during drought conditions.

Physical and chemical characteristics were evaluated to establish a body of baseline environmental information that could be used to track trends over time. Provided recommendations to the City of Goleta regarding possible options intended to maintain water levels, improve water quality, and enhance the lake ecosystem.

Lead Reviewer, Ventura County Watershed Protection District – Flood Control Maintenance Program EIR, Ventura County
Responsible for cover-to-cover senior technical review of a Program EIR prepared in support of an updated flood control manual for the Ventura County Watershed Protection District. The project included preparing a comprehensive inventory of the District’s flood control facilities, and identifying requirements relative to biological, cultural, and other resources that would apply to maintenance of each facility. The intent of the project was to facilitate comprehensive federal and state permitting for impacts to jurisdictional waters that would occur during maintenance activities.

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Environmental Scientists · Planners · Engineers

Biologist Resources Lead, City of Santa Barbara – Goleta Slough Mouth Management Biological Assessment, Santa Barbara County
Chris provided biological services in support of preparation and permitting of a maintenance program for the mouth of the Goleta Slough at Goleta Beach County Park. He assisted with a biological assessment to maintain water levels within the Goleta Slough which included agency coordination and exploring pumping options. Growing concern over an increasing waterfowl population in the Goleta Slough near airport runways prompted this assessment, which resulted in the development of a wildlife management plan. Development of this maintenance program is intended to reduce the risk of bird strike at the adjacent Santa Barbara Airport and alleviate public health concerns related to mosquito breeding, without jeopardizing rare, threatened, and endangered species or t heir habitat. The project also involved preparation of a wildlife hazard assessment for bird aircraft strike hazards by a qualified FAA airport wildlife biologist.

Principal in Charge, Casitas Municipal Water District – Robles Dam and Diversion Facility Operations and Maintenance Permitting, Ventura County
Guided a multi -disciplinary team of permitting professionals securing programmatic permits for operation and maintenance of the Robles Dam and Diversion Facility and related water diversion infrastructure on the Ventura River. The project included 404/401/1600 permits, including associated technical studies, Section 7 and Section 106 consultations, and CEQA and NEPA review. The project was subject to oversight by the U.S. Bureau of Reclamation, and was intended to streamline the multiple permits required so that maintenance and repairs could be conducted timely and the diversion could operate at design capacity.

Principal in Charge, Goleta Water District – Pipeline Blowoff Replacement Program, Santa Barbara County Oversaw a multi-disciplinary team supporting the District’s replacement of several pipeline blowoff valve outlets in coastal streams in and around the city of Goleta. Each project included an aquatic resources delineation, biological and cultural resources surveys, and preparation of agency permit applications. Key issues included the feasibility of alternatives, presence of California red-legged frog and Southern steelhead and designated critical habitat for these species, work in and near public parks, and topographically constrained work areas.

QA/QC and Technical Advisor – United Water Conservation District – Freeman Diversion Renovation, Operation, and Maintenance Project, Ventura County
Provided quality assurance and guidance to biologists developing a multi -species Habitat Conservation Plan and related technical studies and regulatory permit application packages for renovation of the Freeman Diversion facility on the Santa Clara River. The project was highly controversial, with deadlines for the regulatory permit applications and other submittals specified by a consent decree stemming from litigation over the facility’s effects on Southern steelhead migration in the river.

Principal in Charge, Montecito Water District – Juncal Pipeline Emergency Repair at Fox Creek, Santa Barbara County
In response to severe storms in January 2023, Christopher led a team of biologists, archaeologists, and stormwater professionals facilitating replacement of the Juncal pipeline, a critical piece of water delivery infrastructure that was exposed and severely damaged during the storms. Services included preparing emergency notifications to the USACE, RWQCB, and CDFW, and negotiating a Temporary Use Permit from the Los Padres National Forest. Biological and archaeological surveys were conducted, and the project’s limits were adjusted to avoid sensitive resources.

During construction, Christopher’s team provided biological, archaeological, and stormwater monitoring services to ensure the project did not adversely impact the Santa Ynez River, which supports the California red-legged frog and arroyo toad in this region. Nesting bird surveys and moni toring were also performed, as this time -sensitive repair was conducted during the peak of the nesting season.

Principal-in-Charge, Santa Clarita Valley Water District – Honby Pipeline Replacement Project, Los Angeles County Oversaw biologists preparing aquatic resources permit applications for replacement of a major water supply pipeline crossing the Santa Clara River in the Santa Clarita Valley. The team prepared applications for Clean Water Act Section 404 and 401 coverage, and a Streambed Alteration Agreement. An alternatives analysis and compensatory mitigation plan accompanied the applications, as required by the Regional Water Quality Control Board. 201
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
MS, Forestry Sciences,
California Polytechnic State
University, San Luis Obispo
BS, Forestry and Natural
Resource Management,
California Polytechnic State
University, San Luis Obispo

CERTIFICATIONS/

REGISTRATIONS
Qualified SWPPP Practitioner/
Developer (QSP/D) #27416
Qualified Industrial SWPPP
Practitioner (QISP) #1192
Certified Professional in
Erosion and Sediment Control
(CPESC) #9476

YEARS OF

EXPERIENCE
10+

EXPERIENCE
Rincon Consultants, Inc.
(2022 to present)
Tetra Tech
(2017 to 2022)
Pulau Corporation
(2016)
Morro Bay National Estuary
Program
(2013 to 2015)
AmeriCorps Watershed
Stewards Project
(2011 to 2013)
Thomas Sanford, QSD/P, QISP, CPESC
Watershed Scientist and Water Quality Specialist
Thomas is a highly experienced Watershed Scientist who has a wide-ranging expertise in surface water and groundwater resource management. He is skilled in the collection, analysis, and interpretation of water quality data and is well versed in the design and implementation of monitoring programs that assess long-term trends, effectiveness of best management practices (BMPs), and pollutant source impacts to groundwater, surface water, and aquatic resources. In addition to his technical expertise, Thomas has a thorough understanding of various water quality permitting programs including Waste Discharge Requirements, Municipal Separate Storm Sewer System (MS4) permits (Phase I and Phase II), and construction and industrial general permits (CGP and IGP). Thomas's technical expertise in surface water and groundwater resource management, combined with his knowledge of various water quality permitting programs, allows him to provide technical evaluation of water quality conditions, conceptualize impediments and solutions, and offer effective regulatory support. He can help clients navigate the complex regulatory landscape and ensure compliance with permit conditions, while also developing effective management strategies to protect and improve water quality.

SELECT PROJECT EXPERIENCE
Environmental Scientist, City of Malibu – Coordinated Integrated Monitoring Program (CIMP) for the North Santa Monica Bay Coastal Watersheds, Malibu Thomas participated in an interdisciplinary team that developed the CIMP annual report. Thomas’s responsibilities focused on the organization and analysis of precipitation, stream flow, wet/dry weather receiving water and outfall water quality, and other technical data for compliance with applicable TMDLs, WQBELs, receiving water limitations, and action levels. The data assessments required thorough knowledge of the program and the ability of organize data from a variety of sources and formats. Through his analyses, the team was able to identify the effectiveness of implemented stormwater and non -stormwater control measures and overall compliance with the MS4 permit.

Environmental Scientist, Central Coast Water Quality Preservation, Inc. – Central Coast Cooperative Monitoring Program, Various Counties/Cities, California The agricultural community developed the Central Coast Cooperative Monitoring Program to meet the requirements of the General Waste Discharge Requirements for Discharges from Irrigated Lands (Ag. Order) issued by the Central Coast Regional Water Quality Co ntrol Board. Thomas served as field lead for two of the three monitoring units that comprise the program, and his field responsibilities included surface water quality sampling, flow monitoring, coordination with multiple laboratories, training of field pe rsonnel, and ensuring that field personnel follow correct protocols. In addition to his field contributions to the program, Thomas was integral in the development of the program’s annual report including determination of applicable TMDL and Basin Plan Wate r Quality Objectives, calculation of TMDL and Basin Plan Water Quality Objective exceedance rates, and interpretation of statistical trends.

Environmental Scientist, Los Angeles Department of Water and Power – Harbor Generating Station Stormwater Compliance Assessment, Wilmington Tom participated in an interdisciplinary group of scientists and engineers whose aim was to assess IGP compliance options for the power plant. He analyzed historical water quality data to determine magnitude and frequency of permit limit exceedances, condu cted a thorough pollutant sources assessment and BMP placement survey that identified potential high priority drainage areas and BMP placement locations. Additionally, he was critical in the development of BMP feasibility matrix that summarized potential B MP options, costs, and likelihood of permit compliance.

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Environmental Scientists · Planners · Engineers

Environmental Scientist, Central Coast Water Quality Preservation, Inc. – Central Coast Groundwater Monitoring Program, Various Counties/Cities, California The Central Coast Groundwater Monitoring Program required the sampling of thousands of domestic and irrigation wells throughout the Central Coast of California. To help facilitate this task, Thomas helped develop a data collection application that leveraged large well and agricultural ranch datasets and was used to manage collected field data.

The application allowed program managers to efficiently schedule and track field activities over a large geographic area. Following completion of field activities, Th omas conducted a comprehensive completeness check that identified outstanding ranches yet to be sampled. The completeness check required the analysis and careful organization of large water quality and ranch datasets. Thomas also conducted the preliminary the groundwater quality data analysis by comparing results to established limits and identifying groundwater basins and sub -basins that commonly exceeded the established limits.

Environmental Scientist, San Diego Unified Port District – Marine Terminal Stormwater Monitoring Program, San Diego
Thomas was highly involved in the development and implementation of the Port’s Marine Terminal Stormwater Monitoring Program. Thomas assisted in the development of the Monitoring Program’s design including the selection of stormwater sampling constituents, sampling locations, sampling frequency, and proper grab and auto -sampling techniques. He was field lead in the annual deployment of auto-sampling equipment which required confined space entry and developed a precipitation and discharge runoff model that was used to program auto -samplers for flow- paced sampling. Thomas also developed a tidal model that was used to predict future tidal elevations in relation to the invert elevations of targeted sample locations. Additionally, Thomas participated in the development of the Monitoring Program’s Effectiveness Assessment where he helped determine stormwater effluent and BMP effectiveness criteria for various temporal and spatial scales.

Monitoring Coordinator, Morro Bay National Estuary Program – Annual Benthic Macroinvertebrate Bioassessment, Morro Bay
Thomas was the field lead for the Morro Bay National Estuary Program’s annual benthic macroinvertebrate bioassessment and is well versed in the implementation of the Surface Water Ambient Monitoring Program (SWAMP) bioassessment protocol including field co llection of macroinvertebrates, benthic algae, and physical habitat in wadable streams. He also maintained and updated the Morro Bay National Estuary Programs bioassessment database which was used to determine trends in various taxa metrics and biotic indi ces.

Watershed Scientist, Upper Ventura Groundwater Agency – Groundwater Dependent Ecosystem Monitoring, Ventura County
Tom oversaw field staff in the planning and deployment of long-term surface water monitoring equipment to assess potential interconnection between surface water and groundwater. Tom analyzed various factors including geological characteristics of the area, hydrological patterns, historical water level data, and ecological significance to identify the most appropriate locations for water level sensor deployment. Through his expertise and in -depth knowledge of hydrology, he ensured that the chosen locations would provide valuable and representative data for further analysis. Once the locations were selected, Tom coordinated with the field staff to execute the deployment of the monitoring equipment. He oversaw the installation process, ensuring that the sensors were placed accurately and calibrated appropriately. As the monitoring equipment started gathering data over an extended period, Tom's role evolved into data management and analysis. He carefully compiled and organized the collected information, including water levels, flow rates, and other relevant parameters.

PUBLICATIONS/PRESENTATIONS
Surfleet C, Sanford T, VanOosbree G, Jasbinsek J. Hydrologic Response of Meadow Restoration the First Year Following Removal of Encroached Conifers. Water. 2019; 11(3):428. 203
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
PhD, Environmental
Engineering, University of
Southern California
BS, Chemical Engineering,
University of California,
Santa Barbara

CERTIFICATIONS/

LICENSES
Licensed Professional Civil
Engineer (California), #87757
Certified 40-hr HAZWOPER

EXPERIENCE
13 years total
4 years with Rincon

OFFICE LOCATION
Los Angeles, California
Ryan Thacher, PhD, PE
Director of Site Assessment and Remediation
Dr. Thacher is an environmental engineer with over 13 years of experience in developing strategic, creative solutions to complex environmental issues. He is frequently engaged in technically demanding projects involving contaminated environmental media, water quality, and water resources. Dr. Thacher has extensive experience developing and executing technical, defensible studies to evaluate contaminant f ate and transport in groundwater and surface waters and using methods of environmental forensics to ident ify contaminant sources or determine timing of a release. Dr. Thacher has applied his expertise in environmental chemistry to projects involving chlorinated hydrocarbons, petroleum hydrocarbons, and emerging contaminants including per - and polyfluoroalkyl substances (PFAS), 1,4 - dioxane, and hexavalent chromium. In addition, Dr. Thacher has experience in stormwater permitting and compliance under the Industrial General Permit, Construction General Permit, and Municipal Separate Storm Sewer System programs. Further, he has helped design and implement modeling studies to site and design diffusers, and to evaluate the impact of industrial discharge and treated wastewater on receiving waters. Dr. Thacher is also involved in California water supply and drought issues, with expertise in hydrodynamics and water quality within California's Bay-Delta estuary.

EXPERIENCE RELEVANT TO DEPARTMENT OF WATER RESOURCES
Director-in-Charge/Technical Advisor , Multiple Clients – Watershed Sanitary Survey (WSS) Updates, California
• Oversaw development of WSS updates for the Santa Barbara Desalination Plant, Carlsbad Desalination Plant, City of Poway (Lake Poway), and the City of Stockton
• Contribute technical oversight to the City of Sacramento for WSS updates for the Sacramento and American Rivers
Technical Lead, Byron -Bethany Irrigation District (BBID) – Administrative Civil Liability Complaint Support, Byron, California
Performed a forensic evaluation of source water contributions to the BBID intake in the Sacramento-San Joaquin Delta during a two -week period following curtailment orders issued by the Department of Water Resources in response to an Administrative Civil Liability Complaint.

Project Manager and Technical Lead, Western States Petroleum Association – NPDES Permit Renewal Technical Support, San Francisco Bay Area, California Modeled near -field and far -field plume behavior of effluent discharged from diffusers at four industrial facilities in the San Francisco Bay using Visual Plumes.

Modeled plume behavior over a range of tidal and seasonal conditions to determine dilution at the edge of the mixing zone to support National Pollutant Discharge Elimination System (NPDES) permit renewals.

Testifying Expert, Private Developer (Confidential Client) – Administrative Civil Liability Complaint Support, Orange County, California
Planned and implemented an evaluation of sediment discharge from a mass graded construction site in Orange County, California, and its impact on beneficial uses of receiving waters. Dr. Thacher testified in front of the San Diego Regional Water Quality Control Board in January 2022.

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Environmental Scientists · Planners · Engineers

Project Manager and Technical Lead, United States Department of Justice (DOJ) Facilities (Confidential Client) – Stormwater Compliance/Litigation Support, California
Provided technical support to the DOJ in response to two Clean Water Act citizen suits alleging violations of effluent limitations of the Industrial General Stormwater Permit at northern California and southern California facilities. Dr.

Thacher conducted a review of water quality data collected from monitoring locations at each facility for comparison with effluent limitations and applicable water quality standards in receiving waters, in addition to considering dilution as a result of tidal fluctuations.

Director-in-Charge, Mission Springs Water District – Technical Review of Proposed Changes to Waste Discharge Requirements (WDRs), Desert Hot Springs
Evaluated WDRs proposed by the Colorado River Basin Regional Water Quality Control Board for a wastewater treatment plant (WWTP) related to nitrogen and total dissolved solids effluent limitations and supported negotiations between parties.

Director-in-Charge, Mission Springs Water District – Administrative Civil Liability Complaint Support, Desert Hot Springs, California
Evaluated potential for harm consistent with State Water Resources Control Board enforcement policy following the unpermitted discharge of secondary treated wastewater. Prepared a technical memorandum to support settlement discussions with the Colorado River Basin Regional Water Quality Control Board.

Project Manager and Technical Lead, City of Antioch, City of Stockton, and City of Brentwood, WaterFix (currently named Delta Conveyance) Administrative Hearings – Technical Support in Anticipation of Litigation, Northern California
Supported multiple cities in the State Water Resources Control Board administrative hearings on the petition filed by the California Department of Water Resources and U.S. Bureau of Reclamation requesting changes in water rights for the California WaterFix Project. Quantified anticipated water quality impairment from proposed WaterFix operations based on Delta Simulation Modeling results and drafted testimony.

Contract Manager, Metropolitan Water District – Professional and Technical Services for Bay -Delta Issues, Sacramento-San Joaquin Bay-Delta
Managing the on- call contract for General Environmental Planning, Permitting, and Regulatory Processes (CEQA/NEPA); Carbon Capture Storage; and Scientific & Technical Report Writing, Briefing Material Development, and Grant Writing. Supported Metropolitan in securing a $20M grant for a proposed project on Bouldin Island.

Director-in-Charge, Metropolitan Water District – Hazards Assessment for Rail Replacement Project, La Verne Developed and implemented a shallow soil assessment along a rail line proposed for replacement adjacent to a water treatment facility. Assessed soils in the construction envelope for human and environmental risk to mitigate potential impacts during construction and supported soil management strategy.

Director-in-Charge, Atascadero Mutual Water Company – Groundwater PFAS Source Identification, Atascadero, California
Developed a conceptual fate and transport analysis and analyzed groundwater PFAS data to support a forensic investigation in anticipation of litigation. Planned and implemented groundwater sampling to assess a potential source of Class B firefighting foam to the basin.

Director-in-Charge, City of San Diego – Groundwater PFAS Source Identification, San Diego, California Investigated PFAS sources to groundwater at a single supply well in anticipation of litigation through a review of PFAS groundwater data, local hydrology, and nearby suspected PFAS release sites.

Director-in-Charge, City of Redlands – Site Investigation for PFAS Impacts, Alabama Street Septage Ponds, Redlands, California
Conducting a soil and groundwater assessment of PFAS impacts at a former septage disposal site. Actively engaged with the City of Redlands and the Santa Ana Regional Water Quality Control Board to conduct additional assessment and develop a remedial approach.

Technical Advisor, Flooring Manufacturer (Confidential Client) – Proposition 65 Liability Assessment for PFAS Discharges, Orange County, California
Assessed the transport and fate of PFAS from an industrial wastewater stream in Los Angeles to evaluate if the facility was potentially liable under Proposition 65.
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Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
BS, Freshwater Fisheries,
Humboldt State University

CERTIFICATIONS/

REGISTRATIONS
Certified Fisheries
Professional, American
Fisheries Society

PERMITS
Federal 10(a)(1)(A) permit for
Tidewater Goby, Unarmored
Threespine Stickleback, Santa
Ana Sucker, and California
Red- legged Frog.

AFFILIATIONS
American Fisheries Society
Desert Fishes Council
American Institute of Fisheries
Research Biologists

YEARS OF

EXPERIENCE
23 Steve Howard
Senior Fisheries Biologist
Steve Howard is a certified fisheries professional with 23 years expertise in water quality assessment, instream flow studies, fish and aquatic invertebrate population analysis, aquatic studies including fishery and amphibian habitat assessment and population surveys, Endangered Species Act consultations, fish and amphibian species identification, fish passage assessment, and wildlife population surveys.

Steve has performed numerous projects in aquatic habitats ranging from high elevation lakes and streams to coastal estuaries and lagoons.

Steve has been involved in permitting large power projects and smaller instream projects throughout California. Steve has conducted fish population surveys in southern and central California estuaries for the endangered tidewater goby and has conducted surveys for unarmored threespine stickleback in the Santa Clara River and Santa Ana sucker surveys in various southern California drainages. Steve has performed California red -legged frog and arroyo toad surveys in southern and Central California. Steve has p rovided expert analyses to various CEQA and NEPA documents on steelhead related projects in southern California.

SELECT PROJECT EXPERIENCE
Lead Biologist, Edison Canal Bank Stabilization Restoration Project – Ventura County Watershed Protection
Following a series of large storm events, a bank failure occurred at an energy dissipation device receiving inflows from the surrounding agriculture fields. Steve served as the lead biologist operating under Section 10(a)(1)(A) Recovery Permit to capture and relocate the federally listed tidewater goby (hereafter, goby) because construction activities could result in the “take” of the species. Through this project, Steve managed the in -water operations during tidal s wings as the project required work near the Mandalay Generating Station.

Field Manager, City of Ventura – Santa Clara River Estuary Metals Translator Study, Ventura County, California (2001)
Steve conducted a yearlong investigation focused on determining the metals translators for copper, nickel, zinc, and lead in the Santa Clara River Estuary. There are chemical differences between the Ventura Water Reclamation Facilities (VWRF) discharge effluent and the receiving Santa Clara River water. The Metals Translator Study determined what fraction of metals in the VWRF effluent were dissolved in the receiving water, and therefore bioavailable to aquatic species in then estuary. Steve was the lead field manager on the Santa Clara River Estuary Metals Translator Study for the City of San Buenaventura.

Field Lead and Manager, City of Ventura – Santa Clara River Estuary Bioassessment, Ventura County, California (2001-2002)
Steve designed and conducted this bioassessment study which involved stratified sampling of several estuarine habitats for benthic macroinvertebrates in the Santa Clara River estuary. The macroinvertebrate data were used to characterize assemblage diversit y and to develop relationships between species abundance, density, richness and microhabitat preferences (grain size, salinity tolerances, etc.).

The objective of this study was to support the City and LAWRQCB in the development of defensible wastewater discharge criteria to the estuary.

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Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

Field Lead, United Water Conservation District – Santa Felicia Dam FERC Relicensing, Ventura County, California
Steve was the field lead on fish population and bioassay, water quality, and instream flow studies during a Traditional Licensing Process (TLP) for Santa Felicia Dam on Piru Creek in the Santa Clara River watershed. The fish population study focused on sou thern California fish species including the endangered southern California steelhead. Steve designed and implemented a fish survival bioassay using hatchery trout placed in live net pens to evaluate the survivability of rainbow trout during highly fluctuating dissolved oxygen conditions below the dam. Dissolved oxygen concentrations would decrease well below the critical thresholds for rainbow trout. This study was designed to understand limiting factors that could be contributing to the low population dens ities or lack of rainbow trout/steelhead presence in Piru Creek. Steve also lead an instream flow study using the PHABSIM model to assess flow requirements for various life stages of rainbow trout/steelhead in Piru Creek and the Santa Clara River below Santa Felicia Dam.

Senior Biologist, United Water Conservation District (UWCD) – Santa Clara River Surface Water Requirements Study, Ventura County, California
Steve was part of a technical team that collaborated with federal resource agencies to develop a Multiple Species Habitat Conservation Plan (MSHCP) for operations and maintenance activities of the Freeman Diversion on the Santa Clara River. Steve designed and implemented a flow study that ultimately informed operations that provided flows for downstream migrant steelhead smolts. Fish species covered under the plan include southern California steelhead, Pacific Lamprey, Santa Ana Sucker and Tidewater Goby. S teve worked with the District hydrologist to evaluate effects downstream of the diversion based on a hydrologic model that used over 60 years of hydrologic and ground water data to evaluate effects to migrating steelhead and Pacific Lamprey migrating between the ocean and the diversion. The modeling results were the basis for the development of operating scenarios that were evaluated using Indicators of Hydrologic Alteration (IHA) and other quantitative and qualitative metrics that ultimately resulted in a final operating scenario that reduced effects as much as practicable while allowing the project to fulfill its purpose and need.

Fisheries Biologist, United Water Conservation District – Section 7 and Section 10 Consultations, Ventura County, California
Steve, while working as an employee to the District and later as a consultant, was involved with federal section 7 and section 10 consultations with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service. The section 7 consultations were related to operations and maintenance at the Freeman Diversion and Santa Felica Dam on Piru Creek. The section 10 consultation was related to operations and maintenance at the Freeman Diversion following the elimination of a federal nexus to the projec t. These consultations were related to operation and maintenance effects to federally listed species including but not limited to aquatic species such as steelhead, tidewater goby, Santa Ana sucker, arroyo toad and California red-legged frog.

Field Lead and Manager, County of Ventura, Ventura River Steelhead Passage and Habitat Assessment, Ventura County, California
Steve conducted a steelhead habitat and passage assessment for the County of Ventura and cooperating agencies that were part of the development of a Habitat Conservation Plan (HCP) for the Ventura River. Steve was the lead fisheries biologist in charge of assessing potential steelhead passage barriers and habitat quantity and quality on North Fork Matilija Creek and San Antonio Creek, both tributaries to the Ventura River. These data were used in the effect’s analysis for the HCP. Challenges faced during th is project included numerous man -made pools that were not permanent but needed to be quantified and qualified as temporary and excessive growth of instream macrophytes that temporarily changed some of the habitat structures. Steve modified the habitat mapp ing methodology to appropriately address these challenges.

Project Manager and Fisheries Biologist Caltrans and Granite Construction – Arroyo Paredon Creek Tidewater Goby Surveys, Santa Barbara County, California
Steve conducted pre-construction tidewater goby surveys and capture and relocation activities in the Arroyo Paredon Lagoon in Carpinteria, California. Caltrans and the County of Santa Barbara removed sediment from under the highway 101 bridge to address fl ow capacity issues that arose following the Thomas Fire in 2017 and early 2018.

Steve was the federal permitted biologist on this project and with the assistance of Rincon biologists captured and relocated over 300 tidewater gobies and other lagoon fishes from the project site. 207
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
BS, Biological Oceanography,
Humboldt State University

CERTIFICATIONS/

REGISTRATIONS
National Marine Fisheries
Service (NMFS) Certified
Marine Mammal Observer
(current)
NMFS and CA DF & W Invasive
Species Caulerpa Certified
(current)
US Coast Guard 100 Ton
Captain (current)
American Academy of
Underwater Science, Diving
Safety Officer (current)
40-Hour HAZWOPER Trained
and Supervisor (current)
First Aid/CPR/Oxygen
Administration (current)
Transportation Worker
Identification Credential
(TWIC) (current)

YEARS OF

EXPERIENCE
xxxxxx

EXPERIENCE
Rincon Consultants, Inc.
(2014 to present)
Derek Lerma
Marine Resources Manager/Senior Marine Scientist
Derek is Rincon Consultants’ Marine Resources Manager, and a Senior Marine Scientist. He has comprehensive and diverse experience executing project management of marine, estuarine, and coastal resources and development of regulatory documents, mitigations strategies, and monitoring programs for capital improvement construction and development projects. Derek possesses expansive knowledge of California marine ecosystem habitats, function, protected species, and potential impact vectors with extensive and div erse experience in multidisciplinary study design, field execution, data analysis, report preparation, regulatory integration, and technical supervision. He acted as Project Manager and Senior Marine Scientist for the development of multiple Integrated Nat ural Resources Management Plans (INRMPs), Environmental Impact Statements (EIS), construction monitoring, biological characterizations, and marine special studies for federal, state, city and private clients. His biological expertise includes submerged aqu
atic vegetation (eelgrass) ecology, subtidal and intertidal marine biological characterizations and impact assessments, beach ecology, estuarine systems and essential fish habitat analysis. Additional technical skills and knowledge encompasses diving safety, marine mammals, acoustics, aquatic invasive species, water quality monitoring, sediment evaluations and regulatory consultations.

SELECT PROJECT EXPERIENCE
Multidisciplinary Biological Resource Monitoring and
Characterizations
Project Manager, City of Malibu – Broad Beach Restoration Project Marine Habitat Mapping and Monitoring, Malibu
Derek is currently the Project Manager and Lead Scientist implementing a complex marine habitat mapping and monitoring program along the coast of Malibu, California. Derek and Rincon staff marine scientists took over the development and completion of the Project’s Marine Monitoring and Mitigation Plan (MHMMP) and gained approval from the California Coastal Commission and other regulatory agencies (USACE, EPA, NMFS, and CDFW) in August 2017.The mapping and monitoring program includes the use of high resolution multi -beam sonar and unmanned aerial vehicle (UAV) imagery to document habitat extent at six separate locations covering nearly 10 miles of coast line. Derek oversees and lead the design and data collection efforts for the assessment of six different habitat types including sand beach, rocky intertidal, surfgrass, eelgrass, rocky subtidal and sandy subtidal.

The monitoring program will be conducted over 10 years and serve to assess impacts from a major sand nourishment event planned for Broad Beach.

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Environmental Scientists · Planners · Engineers

Project Manager, City of Santa Barbara – Marine Resource Planning, Surveys and Monitoring, Charles Meyers Desalination Plant Reactivation Project, Santa Barbara
Derek served as the Project Manager and Senior Marine Scientist providing comprehensive marine resources support for the Santa Barbara Desalination Reactivation Project (Project) in Santa Barbara, California. Derek’s and Rincon developed and implemented multiple regulatory plans and programs for various sensitive resources in the coastal and nearshore environment. Plan development included a Sensitive Marine Species Monitoring Plan, Turbidity Monitoring Plan, Grunion Monitoring Plan and the Offshore Anchoring Plan. Rincon marine scientists conducted beach and offshore surveys using remote sensing, SCUBA, and water quality instrumentation to evaluate the physical and biological resources within the Project area. Surveys included inspections of the intake structures, pipeline and nearshore habitat as well as marine mammal, grunion and water quality assessments consistent with Water Board and Coastal Development Permit requirements. Rincon provided NOAA/NMFS qualified scientific divers and biologist for eelgrass, Caulerpa, marine mammal and water quality monitoring programs. Rincon developed and implemented innovative monitoring programs, standard operation procedures, environmental training and best management practices for Project construction contractors outlining prescribed permit requirements and monitoring methods. Rincon provided weekly and final reporting deliverables that included a summary of survey and monitoring data, maps, photographs and a description of project activities.

Project Manager, US Navy NAVFAC SW – Naval Base Point Loma Fuel Pier Replacement Project, Marine Mammal and Protected Species Monitoring and Compliance, San Diego Bay Derek served as the project manager and senior marine scientist in charge of all aspects of pre, during and post construction surveys and monitoring for the Navy Base Point Loma Fuel Pier Replacement Project (Project) in San Diego Bay, California. Responsi bilities included designing, conducting and managing marine species survey and monitoring efforts used to establish existing conditions for marine mammals, Green sea turtles, fish, eelgrass, water quality, and sediment resources as well as mitigate constru ction activity impacts. Derek was responsible for overseeing and directing a broad range of marine services work including supervision of survey and monitoring efforts, coordination with U.S. Navy operations and construction personnel, consultation with regulators, budgeting, data analysis and annual reporting. Project Data products included complex acoustic analysis, marine mammal take estimates, Geographic Information Systems (GIS) mapping, and complex on-water logistics.

Senior Marine Scientist, Sunroad Enterprises Inc. – Harbor Island Restaurant Eelgrass Mitigation and Monitoring, San Diego
Rincon continues to provide eelgrass mitigation and monitoring consulting services to Sunroad Enterprises Inc. after completing pre - and post -construction phases of the Harbor Island restaurant. Rincon has provided multiple quantitative assessments of eelg rass habitat in the Project area and reference site in conformance with the California Eelgrass Mitigation Policy (CEMP). Rincon developed the project mitigation monitoring plan approved by National Marine Fisheries Service and U.S. Army Corps of Engineers and will be conducting the eelgrass transplant in July 2020 and monitoring through 2025.

Project Manager, Naval Post Graduate School – US Navy Naval Facilities Engineering Command Southwest Division (NAVFAC SW) Acoustic Thermometry Ocean Climate (ATOC) Cable Marine Habitat Special Study, Point Pillar
Derek served as the Project Manager and Senior Marine Scientist, under contract with NAVFAC SW overseeing the design, implementation, and performance of an environmental evaluation and biological characterization strategy to examine and document the effects of a cable removal for a one kilometer inshore portion of the ATOC cable. The purpose of the investigation was to identify, quantify, and document the potential adverse impacts that the cable placement and removal process had on the associated and adjacent subtidal marine biological communities. Derek designed surveys to document pre- and post-removal conditions, both short and long term, with respect to changes in the density and richness of marine invertebrates and algae affixed to and present alongside the cable, as well as document the potential presence/absence of species of special concern. Derek served as the diving safety officer and lead scientific diver for a team of scientists using SCUBA and surface -supplied air to conduct standardized survey methods including quadrats, band transects, uniform point contacts, fish counts and photo points to evaluate spatial and temporal changes in biological communities associated with the cable and its removal. The monitoring work included analytical evaluation of the data using an analysis of variance and development of annual and final reports.
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Project Manager, US Navy NAVFAC SW – Permanent Transect Eelgrass Monitoring, San Diego Bay Derek served as the Project Manager and Senior Marine Scientist, under contract with NAVFAC SW directing the execution eelgrass monitoring in San Diego Bay. The surveys were conducted bi -annually to examine annual, seasonal, and regional changes in eelgrass cover. A total of 25 permanent transects were grouped by region, within similar depth and overlying water conditions, and evaluated over successive years during the same season from 2007 to 2015. The study used single beam sonar to examine final scale density, distribution, and bathymetry within five perennial eelgrass beds within each of the five ecoregions of San Diego Bay. The monitor documented the seasonal variability in eelgrass cover and density of specific eelgrass beds, to examine links between regional trends in eelgrass distribution, and to potentially identify contributory natural and anthropogenic events. Permanent eelgrass transects assist in tracking fluctuations of bay-wide eelgrass bed density and health, identifying ecoregion differences, and lending additional information for achieving regulatory compliance in regard to eelgrass banking by the U.S. Navy.

Marine Resources Project Manager, Broad Beach Geologic Hazard Abatement District – Marine Habitat Mitigation and Monitoring Plan (MHMMP) Spring Sampling Project, Malibu The Marine Habitat Mitigation and Monitoring Plan (MHMMP) was prepared by Rincon and accepted by California Coastal Commission and other regulatory agencies as part of requirements outlined in the BBGHAD’s Coastal Development Permit to allow the residents of Broad Beach to implement a sand nourishment project along Broad Beach. The sand nourishment involves the placement of 300,000 cubic yards of sand every five years and interim nourishments of up to 75,000 cubic yards of sand per year to protect coastal private property and recreate a sandy beach. Monitoring and mapping stipulated in the MHMMP is a requirement of the CDP and the Army Corps of Engineers 401 permit to assess project related impacts and identify potential mitigation needs. Derek oversaw and helped conduct fine scale habitat mapping and monitoring of the supratidal, intertidal, and subtidal marine habitats and communities from Point Dume to the Los Angeles/Ventura County line. Habitat mapping also utilized remote sensing conducted using the Rincon Unmanned Aerial Vehicle (UAV).

Marine Resources Project Manager, Kiewit – Santa Barbara Desalination Reactivation Project, Santa Barbara Derek is working as the marine scientist revising the offshore anchoring plan and sensitive marine species mitigation and monitoring plan for the project. He developed a turbidity minimization and monitoring plan and currently providing construction monitoring and also conducted marine mammal surveys both on and off shore.

Marine Resources Project Manager, Tierra Data, Inc. – Scientific Diving And Safety On -Call Services, Naval Facilities in the Southwestern United States
Rincon is assisting with as needed scientific diving and safety consulting services related to existing and future contracts, including the NAVFAC SW Marine IDIQ contract. Rincon’s Marine manager, Derek, is providing consultation for scientific diving and safety on an as needed basis as well as on -site support to oversee previously developed standard operating procedures and best management practices for marine species monitoring and surveys.

Marine Resources Project Manager, County of Santa Barbara Public Works – Goleta Beach Bridge Replacement Project, Goleta
Derek provided preconstruction presence and absence surveys for Eelgrass and Caulerpa.

Project Manager, Naval Weapons Station – Seal Beach Facility Improvement Project, Seal Beach Provided project management throughout the sediment testing and reporting portions of the project related to analysis of proposed dredging activities and disposal alternatives for the NWS Seal Beach Facility Improvement to the Ammunition Pier and Turning Basin.

Project Manager -Marine Resource Planning, IDE Americas, Inc. – Charles E. Meyer Desalination Plant Reactivation Project, Surveys and Monitoring, Santa Barbara Derek served as the Project Manager and Senior Marine Scientist for the Rincon team that provided comprehensive environmental support for Kiewit Construction and IDE for the reconstruction of the Santa Barbara Desalination Reactivation Project in Santa Barbara, California. Derek and Rincon developed and implemented multiple regulatory plans and programs for various sensitive resources in the various watersheds, coastal zone, and nearshore environment. Rincon provided overall compliance tracking and reportin g, conduct storm water and contaminated soils investigations, and performed sensitive resource surveys and monitoring. Rincon developed and implemented innovative monitoring programs, standard operation procedures, environmental training and best managemen t practices for construction team and the City.
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Project Manager, Broad Beach Geologic Hazard Abatement District – Broad Beach Restoration Project Marine Habitat Mapping and Monitoring, Malibu
Derek is currently the Project Manager and Lead Scientist implementing a complex marine habitat mapping and monitoring program along the coast of Malibu, California. Derek and Rincon staff marine scientists developed the Project’s Marine Monitoring and Mitigation Plan that was approved by the California Coastal Commission and other regulatory agencies (U.S. Army Corps of Engineers, U.S. EPA, National Marine Fisheries Service, and California Department of Fish and Wildlife).The mapping and monitoring program includes remote sensing sonar and unmanned aerial vehicle habitat mapping at six separate locations covering nearly 10 miles of coast line. Derek oversees and lead the design and data collection efforts for the assessment of sand beach, rocky intertidal, surfgrass, eelgrass, rocky subtidal and sandy subtidal habitats. The monitoring program will be conducted over 10 years and serve to assess impacts from a major sand nourishment event planned for Broad Beach.

Project Manager, Moffat & Nichol – Kinder Morgan Marine Fuel Terminal Wharf 118/119, Environmental Compliance Services Port of Los Angeles, Wilmington
Derek served as the Project Manager and Senior Marine Scientist for Rincon overseeing compliance services related to essential fish habitat, eelgrass, marine mammal, and water quality resources for engineering firm Moffat & Nichol (M & N) and the Port of Los Angeles for 14 months. Rincon reviewed permit conditions, developed monitoring plans, participated in project constraints discussions, provided environmental training materials, and performed survey, monitoring and reporting services consistent with permit conditions and Port of Los Angeles environmental division procedures.

Project Manager, US Navy NAVFAC SW – Naval Weapons Station Seal Beach Sediment and Eelgrass Evaluation, Seal Beach
Derek was the project manager and senior marine scientist for conducting physical and biological assessments of Naval Weapons Station Seal Beach’s proposed ammunition pier reconstruction project located in Anaheim Bay, Seal Beach, California. Derek managed environmental assessments including a sediment characterization, eelgrass mapping and beach surveys to document existing conditions for the Environmental Assessment and identify the preferred alternative with respect to guiding the engineering design of t he proposed new ammunition pier. Derek worked interactively with ManTech Inc. and the U.S. Navy on the Environmental Assessment in developing environmental constraints with respect to the design build options and interfaced with the base command and NAVFAC SW planners in evaluating proposed alternatives, sequencing, and regulatory thresholds. Rincon led the sediment characterization including development of the Sampling Analysis Plan, evaluation of the laboratory analysis, reporting, and presentation of the results to the Southern California Dredge Material Management Team.

The proposed project included the removal or movement of 1.2 million cubic yards of material and mitigation site development.

Project Manager/Lead Marine Scientist, Port of Los Angeles (subconsultant to Michael Baker), Sediment/Water Quality/Biological On-Call Services, Los Angeles County Derek serves as the Project Manager and Lead Scientist for Rincon overseeing Rincon’s role in supporting Michael Baker International for the Sediment/Water Quality/Biological On-Call services in the Port of Los Angeles. Derek and Rincon have conducted mari ne, coastal, and terrestrial assessments and compliance services related to wildlife, plants, trees, essential fish habitat, eelgrass, marine mammals, and water quality resources for a diversity of Port of Los Angeles monitoring programs, capital improvement projects, and proposed redevelopment plans. Rincon has worked directly for the Port of Los Angeles environmental division as well as engineering and heavy construction firms performing general resource surveys, compliance monitoring, and reporting consistent with permit conditions and Port of Los Angeles environmental division procedures.

Project Manager/Lead Marine Scientist, Port of Long Beach (subconsultant to Michael Baker), Sediment/Water Quality/Biological On-Call Services, Long Beach Derek serves as the Project Manager and Lead Scientist for Rincon overseeing Rincon’s role in supporting Michael Baker International for the Sediment/Water Quality/Biological On -Call services in the Port of Long Beach (Port of Long Beach). Rincon has provided biological assessment and compliance services related to avian wildlife and water quality resources for Port of Long Beach and its tenants. Rincon has worked directly for the Ports environmental, maintenance, and real estate divisions developing resour ce avoidance and minimization strategies, deterrent methods, and conducting surveys.
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Environmental Scientists · Planners · Engineers

ADDITIONAL PROJECT EXPERIENCE
Biological Resource Evaluations
• Role, Kiewit Infrastructure West Co. – Charles E. Meyer Desalinization Plan Reactivation Project Environmental and Biological Services, Location
• Role, Acoustic Thermometry Ocean Climate (ATOC) – Cable Marine Habitat Special Study, Point Pillar • Role, Sunroad Enterprises – Sunroad Enterprises Harbor Island Restaurant Essential Fish Habitat, Eelgrass, and Caulerpa Evaluations, San Diego
• Role, City of Oceanside – San Diego County Shoreline Feasibility Study, Nearshore Survey, San Diego County • Role, US Army Corps of Engineers (under subcontract to Moffett Nickel) – Project, Location • Role, Client – Permanent Transect Eelgrass Monitoring, San Diego Bay • Role, US Navy NAVFAC SW – Naval Base Point Loma Fuel Pier Replacement Project, Marine Mammal and Protected Species Monitoring and Compliance, Location
• Role, Client – Naval Weapons Station Seal Beach Sediment and Eelgrass Evaluation, Seal Beach

NEPA/CEQA
• Marine Resources Section Author, Client – San Diego Bay Integrated Natural Resources Management Plan, San Diego Bay
• Role, US Navy & San Diego Unified Port District – Project, Location • Marine Resources Section Author, Client – Fish, and Sea Turtles, Silver Strand Training Complex EIS, Location • Role, Man-Tech SRS – Project, Location
• Project Manager and Marine Resources Technical Lead, Navy Base Ventura County – San Nicolas Island INMRP, US Navy NAVFAC SW, Ventura County
• Author Marine Resources Section, City of Oxnard – Oxnard Local Coastal Plan Update, Ventura County • Author Marine Resources Section, City of Port of Hueneme – Mitigated Negative Declaration, Wharf Replacement, Port Hueneme
• Author, Port of San Diego – Revision to Marine Biological Resources Section of B Street Mooring Dolphin Draft EIR, San Diego
• Marine Resources Section Author, US Navy & San Diego Unified Port District – San Diego Bay Integrated Natural Resources Management Plan, San Diego County
• Marine Resources Section Author, Man -Tech SRS – Fish, and Sea Turtles, Silver Strand Training Complex EIS, Location
Biological Monitoring
• Project Manager, League Travis – Embarcadero Property Reconstruction Acoustic/Marine Mammal Monitoring, San Luis Obispo County
• Project Manager, Sunroad Enterprises – Harbor Island Eelgrass Mitigation Restoration Monitoring, San Diego County
• Project Manager, Enthalpy Analytical – Ventura Wastewater Sediment NPDES Monitoring, Ventura County • Project Manager, ManTech International Corporation – NWS Seal Beach Ammunition Pier Biological Monitoring, Orange County
• Project Manager, Vernadero Group Incorporated – NAVFAC SW Natural Resources IDIQ, San Diego County • Project Manager, Tierra Data Inc. – San Clemente Island Navy Cable Survey, San Diego County • Project Manager, Carollo Engineers Inc. – Morro Bay, Outfall Inspection, San Luis Obispo County • Project Manager, Rasmussen Inc. – Rasmussen POLA Willmington Waterfront Project, Los Angeles County 212
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• Project Manager, Anchor QEA – POLB Marine Mammal Monitoring Anchor QEA, Location • Project Manager, Manson Construction Company – Oceanside Harbor Maint Dredging Bio Supt, Location • Project Manager, Ventura Port District – Eelgrass and Caulerpa Surveys Dock Replacements Biological Monitoring, Ventura County
• Project Manager, GHD – GHD Long Beach Terminal MM Monitoring, Los Angeles County • Project Manager, John S Meek Company Inc. – Jilks Vopak MOTEM Wharf Marine Monitoring, Location Construction Monitoring
• Project Manager, Winspear Construction LLC – WinSpear USCG San Pedro Mammal Monitoring, City of San Pedro
• Project Manager, John S Meek Company Inc. – Santa Cruz Island Scorpion Pier Replacement Construction Monitoring, Ventura County
• Project Manager, Ventura Port District – Ventura Harbor Dock Replacement Water Quality Monitoring and Reporting, Ventura County
Environmental Consultation
• Project Manager, GHD – Morro Bay Launch Ramp Design Build Project Environmental Consultation, San Luis Obispo County
• Project Manager, County of Los Angeles Department of Beaches and Harbors – Pinniped Management Plan Env Consult, Los Angeles County
• Project Manager, Michael Baker – Port of Long Beach As Needed WQ, SQ and Bio Resources, Los Angeles County
• Project Manager, IDE Americas Inc. – Offshore Intake Compliance Services Env Consultation, Santa Barbara County
• Surveys
• Project Manager, Various Clients – Survey Projects, Various Counties/Cities, California • Project Manager, Michael Baker – Port of Los Angeles Terr Bio Surveys, Los Angeles County • Project Manager, Sunroad Enterprises – Sunroad Eelgrass Mitigation Plan, San Diego County • Project Manager, R E Staite Engineering Inc. – South San Diego Harbor Maintenance Dredging, San Diego County
• Project Manager, Ventura Port District – Ventura Sediment WQ Assessment, Ventura County

ADDITIONAL WORK EXPERIENCE
• Tierra Data Inc. (2007 to 2014)
• American Marine (2002 to 2007)
• Channel Islands National Park (1994 to 2002)
• Humboldt State University Foundation (1988 to 1994)

REFERENCE
Josh Capito, Director of Regulatory Compliance, IDE Americas, Inc. 760-795-3555 x222 | [email protected]
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EDUCATION
BS, Agricultural Engineering
Technology, California
Polytechnic State University,
San Luis Obispo

YEARS OF

EXPERIENCE
33 EXPERIENCE
Rincon Consultants, Inc.
(2023 to present)
County of Ventura Public
Works Agency, Watershed
Protection
(1990 to 2023)
Bill Carey
Hydrology and Water Quality Specialist
As a County of Ventura Public Works Agency employee, ensured that Ventura County complied with NPDES Permit water quality monitoring requirements. Maintained operational use of flow and water quality instrumentation and NPDES sampling stations by selecting sites, designing, installing, and programming equipment. He oversaw and trained staff in water quality and discharge measurement procedures, equipment installation, stage/discharge rating table development and site selection. Bill has p erformed official s treamflow records computation following USGS procedures for major streams in Ventura County. Installed stream gauges, rain gauges and weather stations throughout Ventura County with many now being part of the County’s flood warning system. Specified and ma intained relational databases that held streamflow, rainfall, and water quality data. Maintained stream gauge equipment for monitoring movement of Matilija Dam as required by the California Department of Water Resources, Division of Safety of Dams. Well ve rsed in monitoring equipment installation and troubleshooting , especially remote data loggers.

SELECT PROJECT EXPERIENCE
Ventura County Public Works Agency – San Antonio Creek Spreading Grounds, Ojai
Specified and installed streamflow instrumentation for San Antonio Creek at Grand Avenue. Assisted in the installation of SCADA instrumentation for controlling the diversion pipe gate at the upstream diversion structure. Established telemetry for sensors located at the diversion and at Grand Avenue.

Ventura County Public Works Agency – Stormwater Sampling Equipment, Ventura County
Designed, installed, and maintained several vandal resistant solar powered stormwater sampling stations for outfalls and streams in cities within Ventura County. Sites have refrigerators, pumps, rain gauges, flow monitoring equipment and are telemetered for remote data collection and control. Oversaw water quality sampling teams during storm events and programmed sampling sites for flow weighting of composite samples. Developed and maintained discharge rating tables for the sites.

Ventura County Public Works Agency – Ventura River Algae TMDL Compliance Monitoring and Reporting, Ventura
Developed original procedures for data sonde installation, operation, maintenance and data retrieval from the Ventura River, San Antonio Creek, and Canada Larga Creek. Reviewed and edited sonde data for use in an annual TMDL report.

Ventura County Public Works Agency – Piru Spreading Grounds, Piru Specified area velocity sensors, telemetry equipment, batteries, solar assembly, and vandal proof enclosure for the Piru Spreading Ground Facility. Edited sensor data after storm events to ensure accurate flow volume calculations.

Ventura County Public Works Agency – Bioassessment, Ventura County Assisted Aquatic Bioassay Labs in the collection of bioassessment data for streams throughout Ventura County.

PUBLICATIONS/PRESENTATIONS
2010 CASQA presentation on maximizing use of technology for stormwater composite sampling.

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EDUCATION
PhD, Environmental Science,
Tutelage and Management of
Natural Resources, University
of Bologna, Italy
PhD, Geoscience, Marine
Geology, Federal University of
Rio Grande do Sul, Brazil
MSc, Environmental Science,
University of Bologna, Italy
BSc, Environmental Science,
University of Bologna, Italy

YEARS OF

EXPERIENCE
13 EXPERIENCE
Rincon Consultants, Inc.
(2022 to present)
Coastal Environments Inc.
(2017 to 2022)
Integrated Geoscience
Research Group, University of
Bologna
(2009 to 2016)
Frederico Scarelli, PhD
Coastal Adaptation & Resilience Specialist
Dr. Scarelli has over 13 years of experience designing, planning, and executing nature-based solutions and climate resilience projects for coastal communities, as well as assessing coastal hazards and sea level rise vulnerability. His expertise includes co
nducting coastal process studies, restoration of coastal systems, shoreline modeling, data processing and analyses, and preparation of master plans and monitoring plans for private clients and governmental agencies worldwide. Dr.

Scarelli has developed cutting-edge approaches to advance coastal projects in the US, Europe, Asia, and South America, including the construction of the biggest artificial reef in the U.S. for growing giant kelp forest, the implementation of a UNESCO Men & Biosphere Reserve in Kaza khstan, and development of cost - effective nature -
based solutions for coastal restoration in southern California, Brazil, and Italy. His leadership within these projects aided the conservation of coastal resources, facilitated decision -making processes, and provided tools for disadvantaged communities to increase their resilience against climate change.

SELECT PROJECT EXPERIENCE
Lead Project Scientist, Southern California Edison – Monitoring Sand Movement, Dredging, and Best Management Practice for San Dieguito Lagoon Wetland, Del Mar
Dr. Scarelli developed cutting -edge methods to systematically monitor sand movement and beach width on the beaches of Solana Beach and City of Del Mar using data from SANDAG’s Regional Shoreline Monitoring Program. Additionally, he was in charge of post -processing historical datasets and topographic surveys, creating a database in a GIS environment, and developing a Shoreline Changes model using the GIS tool Digital Shoreline Assessment System developed by USGS.

During the dredging of San Dieguito Lagoon’s inlet, he provided technical support for preparing permits, processing topographic surveys, assisting the placement of approx. 26,000 cy of dredging sans on Del Mar Beach, and writing technical reports.

Coastal Scientist, Valley Water – Planning and Monitoring Support for the Calabazas/San Tomas Aquino Creek Marsh Connection Project, Santa Clara County
The project developed alternatives for restoring the marsh area while addressing key issues that include flood protection, sediment transport and sediment supply, erosion and sea level rise, mercury biogeochemistry, addressing infrastructure and other site constraints, and ensuring community engagement and environmental justice. Dr. Scarelli provided support during the workshops and stakeholder meetings, ensuring the project would meet the primary objectives established for the restoration efforts.

Project Manager and CO -PI, USC & Sea Grant California – Coastal Dune Restoration at Tijuana Estuary, San Diego
Dr. Scarelli wrote the grant and designed the experimental treatments for the study, conducted the project's technical aspects, supervised the topographical surveys using drones, post -processed the data, prepared technical reports, and managed subcontractors and the financial aspects of the Project. Sea Grant California has awarded the Project $250,000 for 3- years project. The project's primary goal is to rebuild the coastal dune using Green Engineering to restore the coastal environment and protect the most extensive wetland in Southern California against sediment intrusion and sea-level rise.

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Coastal Scientist, City of Ventura – Sea Level Rise and Coastal Hazard Analysis for the Anastasi Development, Ventura
The project is to prepare technical studies and a CEQA environmental review for a mixed -use development project situated within the City of Ventura Coastal Zone . An Initial Study-Mitigated Negative Declaration was prepared for the proposed development. Dr. Scarelli prepared a site-specific Sea Level Rise and Coastal Hazard Analysis for the site, which includes assessing impacts due to groundwater rise. The analysis was conducted following California Coastal Commission guidance and using the best available science and results from CoSMoS.

Project Manager & Coastal Scientist, City of Oceanside – Develop a Nature-based Solution Project and a Grant Application, Oceanside
The Project is supporting designing Nature -based Solutions concepts, assess regulatory pathways, develop monitoring parameters and prepare grant application to restore coastal dunes and retain sand by applying low-cost green-engineering techniques (e.g., sand fencing and seeding), and enhancing and restoring the San Luis Rey River ecosystem and local coastal resource value. Dr. Scarelli is leading the development of the design concept and the monitoring program, as well as he is supervising the geophysical surveys, and assisting the City on identifying the best grant opportunity for funding the project and supporting preparing the grant application. The goals are to restore natural dynamics and ecosystem of San Luis River’s mouth, and improve sand management along the city’s coastline while enhancing coastal ecosystem and increasing coastal resilience against sea level rise and coastal hazard.

Coastal Scientist, City of Ventura – Climate Change Vulnerability Assessment, Ventura The project assessed how climate change might impact vulnerable community members, natural resources, buildings and facilities, and services and infrastructure in the City of Ventura. The assessment provides a foundation to develop required climate adaptat ion goals, policies, and implementation programs for the City’s Public Safety Element. Dr. Scarelli developed adaptive measures related to the potential impacts due to sea level rise and flooding.

Lead Coastal Scientist, Coastal Environments, Inc – Analysis of Sea Level Rise at South San Diego Bay, Imperial Beach
Dr. Scarelli prepared a site -specific Sea Level Rise and Coastal Hazard Analysis for the proposed development following the California Coastal Commission guidance and using the best available science and publicly available data including results from CoSMo S. The study evaluated the potential impact of sea level rise, including risks of damage and flooding, to new developments at Imperial Beach. The study required analysis of the sea level rise projections for 2070, 2090, and 2100 as proposed by the Californ ia Coastal Commission. It also included the determination of design parameters to minimize risk to the project due to sea level rise and coastal hazard impacts.

Lead Coastal Scientist, Coastal Environments, Inc – Analysis of Sea Level Rise at Noth San Diego Bay, Coronado Dr. Scarelli prepared a site -specific Sea Level Rise and Coastal Hazard Analysis for the proposed development following the California Coastal Commission guidance and using the best available science and publicly available data including results from CoSMo S. The study assessed the potential impact of sea level rise, including risks of damage and flooding, to a new development in Coronado, as well as the potential impact on coastal resources and coastal habitats. The study required analysis of the sea level rise projections for 2070, 2090, and 2100 as proposed by the California Coastal Commission. It also included the determination of design parameters to minimize risk to the project due to sea level rise and coastal hazard impacts.

Lead Project Scientist, City of Del Mar – Assessment of Camino Del Mar Bridge Replacement, Del Mar Dr. Scarelli gathered and processed the bathymetry dataset for the analysis, processed the results from the hydrological model, and co -authored the final assessment report. The study provided a health assessment for the San Dieguito Lagoon, investigating the proposed alternatives to re-design the bridge, which connects Highway 101 over the lagoon inlet channel, evaluated channel bathymetry, and used numerical models to predict changes in water level, flow velocity, tidal prism, and inlet channel sedimentation.

Lead Project Scientist, General Dynamics NASSCO – Current Velocity, Direction, depth, and Temperature Profile Measurements, and Progressive Speed Trial, San Diego
Dr. Scarelli provided technical support to set up the current meters, post -process and analyze the collected data, and write technical reports to present the results of the launch and the Ship Progressive Speed Trial results of MATSON Hull 601. The study collected current velocity (north and east), temperature, and depth during launch and the Ship Progressive Speed Trial for NASSCO's Matson Hull 601 Container ship. 217
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
MPA, Baruch College, City
University of New York
BA, International Relations,
University of California, Davis

CERTIFICATIONS/

REGISTRATIONS
American Planning
Association, American
Institute of Certified Planners
(no. 023166)

AFFILIATIONS
Central Coast Section of the
California Chapter of the
American Planning
Association Board member
(2011 to 2018, and
2020 to present)
American Planning
Association California Chapter
Conference Mobile Workshop
Chair (2019)
Leadership Ventura
(2013 to 2014)

YEARS OF

EXPERIENCE
18 EXPERIENCE
Rincon Consultants, Inc.
(2015 to present)
Lilly Rudolph, AICP
Senior Environmental Planner
Lilly is responsible for managing current planning assignments and long -range planning documents for municipal planning agencies. Over her career in planning, community development, and economic development, Lilly has developed a broad background of experience ranging from preparing community plans and form-based codes to overseeing civic engagement and outreach strategies. She has processed residential, commercial, agricultural, and industrial development applicat ions for cities and counties and has prepared and/or managed general plan updates, design guidelines, specific plans, historic resource surveys, and ordinances and is experienced in the preparation and management of CEQA documents for plan areas and development projects.

SELECT PROJECT EXPERIENCE
Project Manager, City of Oxnard On-Call Permit Processing, Oxnard Lilly oversees a team of planners to provide current and long -range planning services. Rincon’s contract planners process a variety of projects ranging from the development of complex and economically important Sakioka Farms Business Park Specific Plan are a and Wagon Wheel development to processing conditional use permits for commercial projects and dozens of ministerial wireless telecommunication facility applications. Our long -range planning team is preparing an inclusionary housing ordinance and other or dinance updates to implement programs of the 6th Cycle Housing Element update and is managing the City’s Housing Element consultant. In this role, Lilly is managing the preparation of a zoning code update and CEQA Guidelines update.

Project Manager, City of Oxnard On -call Environmental CEQA/NEPA Consulting Services, Oxnard
Lilly is the project manager and point of contact for Rincon’s On -call Environmental California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) Consulting Services contract with the City of Oxnard. In this capacity, Rincon’s CEQA and NEPA technical team prepares CEQA negative declarations, mitigated negative declarations and environmental impact report and NEPA environmental assessments and environmental impact statements.

Project Manager, County of Ventura Land Use Planning Services Lilly oversees Rincon contract with the County of Ventura’s Resource Management Agency, Planning Division for land use planning services. In this capacity, she oversees a team of planners who act as an extension of City Staff. Rincon planners review and pr ocess a variety of development applications, ranging from zoning clearance for simple single -family residential additions and swimming pools, to complex conditional use permits for industrial and agricultural projects, and other types of applications requi ring the issuance of various levels of administrative or discretionary review.

Project Manager, City of Grover Beach – City of Grover Beach Conservation and Open Space Element Update and ND, Grover Beach
Lilly was the project manager for the City of Grover Beach Conservation and Open Space Element Update. The Conservation and Open Space Elements were last updated in 1973. Lilly led the Rincon team to update required

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Project Manager/Contract Planner, City of Malibu – Various Projects, Malibu Lilly has provided contract planning services for the City of Malibu for seven years. In this capacity, Lilly reviews applications for conformance with City policies and development standards, coordinates with applicants, City staff, and other reviewing bodies, prepares staff reports and resolutions, and presents projects before decision makers at public hearings. Lilly processed complex and controversial development projects on parcels with physical constraints such as bluffs, landslides, archaeological re sources, steep slopes, environmentally sensitive habitat area, and visual resources. As an extension of staff, she made every effort to quickly adopt the City’s workflow processes, writing and communication styles, and seamlessly integrate into the workpla ce culture.

Contract Planner, City of Malibu – Civic Center Northeast Specific Plan and Coastal Development Permit Post - Approval Revisions, Malibu
Lilly oversaw the post -approval process for the City of Malibu Civic Center Northeast Specific Plan and Coastal Development Permit. She conducted plan checks to confirm that construction drawings included required project details such as architectural feat ures, adequate landscaping and open space, vehicle impact protection devices, and vehicular, bicycle, and equestrian parking. She also reviewed and provided recommendations for post approval project modifications to accommodate unanticipated components ass ociated with electrical vehicle charging stations and utility infrastructure. During construction, Lilly performed site visits to monitor compliance with conditions of approval and environmental mitigation measures.

Contract Planner, City of Malibu – Paradise Cove Wastewater Treatment Plant Upgrade Coastal Development Permit, City of Malibu
The Paradise Cove Wastewater Treatment Plant Upgrade project involved processing after -the-fact permits for the unpermitted construction of a recycled water plant, disinfection equipment, electrical equipment, and a pipeline.

The unpermitted work was subje ct to a Los Angeles Regional Water Quality Control Board Cease and Desist Order and a City of Malibu Stop Work Order. The project site is located in an area with biological and cultural resources.

Lilly served as an extension of City of Malibu Planning Department staff to clarify the complicated project chronology and identify the permitting roles of multiple state, regional, and local agencies. She also reviewed and interpreted the project plans, oversaw the preparation of environmental documentation, and prepared a staff report that included complex environmental analysis describing impacts to environmentally sensitive habitat area. She prepared and presented a detailed presentation before the Planning Commission, addressed questions, and coordinated with the property owner to monitor compliance with project conditions and mitigation measures.

Project Manager, City of Ventura – Beach Maintenance Coastal Development Permit, Ventura Lilly is assisting the City of Ventura Public Works Department with services to support the issuance of a Coastal Development Permit for maintenance and repairs for three beachfront drainages and outfalls within the coastal zone. Flooding hazards occur within the public road rights-of-way adjacent to these three areas due to blockages of the drainage systems caused by the buildup of sand and sediment, vegetation overgrowth, and accumulation of cobblestones. The proposed repairs and maintenance would prevent future flood hazards in the public right-of-way.

The Project sites are all located within the City of Ventura Local Coastal Program area and therefore subject to the provisions of the California Coastal Act. The Rincon team is conducting stakeholder outreach and coordinating with the California Coastal Commission and City staff to obtain the required permits necessary to complete this work.

Project Manager, City of Ventura – Pierpont Beach Management Work Plan, Ventura Lilly is overseeing Rincon’s role in support the City of Ventura Public Works Department to prepare a work plan to update a previously drafted Pierpont Beach Management Plan that was stalled due to multiple unresolved issues.

The work plan includes a list of required technical studies, a recommendation for the appropriate level of CEQA analysis, recommendations for the contents of a sand maintenance program, dune restoration and vegetation plan, mitigation monitoring requirements, operations and maintenance responsibilities, and required permit approvals.

Preparation of the work plan involved extensive coordination with multiple stakeholders, including staff from California Coastal Commission, California State Parks staff, Beach Erosion Authority for Clean O ceans and Nourishment (BEACON), and California State Coastal Conservancy. 219
Steve Allen | Technical Director
T 707.267.2258 | E [email protected] www.ghd.com

Steve Allen PE
Technical Director
Location
Eureka, CA
Experience
26 years
Qualifications/Accreditations
– BS, Environmental Resources Engineering, Humboldt State University, Arcata, CA, 1996 – Civil Engineer, CA #62021
Key technical skills
– Hydrology, Hydraulics, Floodplain Design, Fish
Passage, Channel Restoration, Wetland Mitigation,
Stream Bank Protection, Bioengineering Designs
– Open Channel Water Conveyance, Water Quality,
Stormwater Management, Flood Control, Construction
Services, and Regulatory Compliance in Sensitive
Environments
Memberships
– American Society of Civil Engineers (ASCE), North
Coast Branch, Past President / Director
– California Stormwater Quality Association
– Salmonid Restoration Federation
– Floodplain Management Association
– Cal Poly Humboldt School of Engineering Advisory
Board, Vice Chair
Relevant experience summary
Steve Allen brings over 26 years of experience to our team, overseeing projects involving a mix of municipal and civil infrastructure including hydrology, hydraulics, stormwater, water supply, water storage and distribution, municipal engineering, floodplain design, fish passage, diversion screening, channel restoration, fluvial geomorphology, wetland design, stream bank protection, bioengineering techniques, mitigation banking, stormwater management, flood control, open channel water conveyance, grading plans, erosion and sediment control design and plans, construction services, and regulatory compliance in sensitive environments. Steve has served in a high-level leadership capacity for our restoration experience on the West Coast (notably leading our West Coast Water Restoration Group) and has led habitat restorations, enhancements, and passage improvements for federal and state agencies, tribal entities, special districts, counties, cities, and non-profit groups.

Martin Slough Tidal Habitat Enhancement
Principal-in-Charge, Designer
City of Eureka | Eureka, CA
Responsible for project that evaluated tidal slough for habitat enhancement, drainage routing, flood prevention, and maintain adjacent land use for working agricultural lands and a municipal golf course. Alternatives included an improved tide gate with improved fish passage
conditions, wider slough channels, off-channel ponds,
agricultural bridges, and golf cart bridges. Assisted with special studies and project permitting and has overseen design and construction for this multi-year project that restores muted tidal action to one of the most productive Coho estuaries in Humboldt Bay, just south of Eureka.

GHD completed a wetland delineation and prepared a
biological assessment while simultaneously completing
final design and bid documents. New muted tide gates
have been installed, with construction of upstream
phases expected to be completed in 2021.

Eel River Estuary and Centerville Slough
Ecosystem Enhancement
Principal-in-Charge
CalTrout | Humboldt County, CA
Responsible for this 1,600-acre ecosystem
enhancement project, which will improve geomorphic
and ecosystem function in order to enhance habitats for native fisheries and aquatic species, support waterfowl and wildlife species, and benefit agricultural land
management capacity and uses by decreasing and more
effectively managing onsite flooding and sedimentation.

In addition to design, GHD prepared portions of the Draft Environmental Impact Report (EIR) including the air
quality, biological resources, cultural resources, geology and soils, transportation, hazardous materials, and land

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Steve Allen | Technical Director
T 707.267.2258 | E [email protected] www.ghd.com

use sections. GHD also conducted a wetlands
delineation, habitat mapping, and sensitive species
surveys for this project, as well as a mitigation
monitoring plan, an Adaptive Management Plan, a
Biological Assessment, an Incidental Take Permit, and
permit applications for the Regional Water Quality
Control Board (RWQCB), the CCC, Humboldt County,
State Lands, US Army Corps of Engineers (USACE),
and the CDFW. The project is in the Coastal Zone.

Salt River Ecosystem Restoration
Principal-in-Charge, Designer
Humboldt County Resource Conservation District |
Humboldt County, CA
Responsible for this ongoing project, which includes
restoration of the lower 7.7-mile reach of the Salt River corridor and 450 acres or tidal salt marsh in the Eel
River estuary. Project objectives include removal of
salmonid migration barriers, improvements to
geomorphic stream function, increased riparian buffers, increased tidal exchange and habitat diversity for avian and aquatic listed species. Responsibilities have
included leading the project team through development
of permit applications, channel design, EIR support, and development of construction documents for this
estimated $18 million restoration project. The project is being funded by the CCC, State Water Resources
Control Board, US Department of Fish & Wildlife
Services and the CDFW.

White Slough SLR Resiliency and Tidal Marsh
Restoration Project
Project Director
US Fish & Wildlife Service | Humboldt Bay National
Wildlife Refuge, Loleta, CA
Project provided planning, permitting, construction
contracting, and construction oversite assistance to the US Fish and Wildlife Servistrongce (USFWS) project,
located on the Humboldt Bay National Wildlife Refuge
adjacent to Highway 101. Work involves the removal of
failed earthen levees and construction of new set-back
levees designed to attenuate wind-wave energy and
reduce impacts to sensitive tidal marsh habitat and US
Highway 101 from SLR. Provided USFWS with sediment
reuse planning assistance, Caltrans encroachment
permit application assistance, traffic control plans,
design review, construction administration, and
construction oversite.

Hanson Russian River Floodplain Restoration
Project
Principal-in-Charge
Sonoma County | Windsor Area, CA
Responsible for this ongoing project to restore 350 acres of former gravel pit mines to a riparian floodplain on the Russian River near the Town of Windsor. Work involves
riverine hydraulic analyses, groundwater assessments to support final design (assessing the hydraulic and fate- transport of accumulated methylmercury at the bottom of the mine pits), CEQA and regulatory approvals, and
three million cubic yards of earthwork to re-contour and re-connect the floodplain to the river. The project will improve geomorphic stream function, increasing riparian buffers and habitat diversity for avian and aquatic listed species while reducing further accumulation of methyl
mercury and flood reduction. Led the project team
through initial data collection, hydrogeologic and
geotechnical studies, and preliminary design to support regulatory approvals. The project is funded by the
California Coastal Conservancy and the California
Department of Fish & Wildlife.

Del Norte County Regional Airport Terminal
Replacement Wetland Mitigation Project
Principal-in-Charge
Border Coast Regional Airport Authority | Crescent
City, CA
Responsible for the environmental compliance aspects
of the terminal replacement project, which includes
construction of a new terminal, parking lot, and apron, as well as road improvements and installation of new water and sewer main at the Del Norte County Regional
Airport (within the coastal zone). Environmental work
entails wetland delineations for the terminal, Runway
Safety Area (RSA), and mitigation sites; habitat
mapping; botanical and biological surveys; topographic
and cultural surveys; a special status plant species
management plan; an amphibian mitigation plan; a
stormwater pollution prevention plan; land acquisition
assistance; Stormwater Pollution Prevention Plan
(SWPPP) compliance; onsite biological construction
oversight and full construction management; and
SWPPP compliance for the offsite wetlands mitigation.

In addition, this multi-year project required several EIR addendums and considerable agency coordination with
entities such as the Federal Aviation Administration
(FAA) and permits from the California State Coastal
Commission (CCC), the USACE, the Regional Water
Quality Control Board (RWQCB), and the CDFW. GHD
assisted in obtaining all permits for the project.

Awards
– ASCE San Francisco Section 2017 Airport / Port
“Project of the Year” Award, Border Coast Regional
Airport Authority’s Comprehensive Large-Scale
Wetland Creation
– American Council of Engineering Companies 2018
Engineering Excellence Awards Competition, Honor
Award, Comprehensive Large-Scale Habitat
Restoration

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T [Office phone] | M [Work mobile] | E [Employee email] ghd.com

Hugo N. Rodriguez PHD, PE
Civil and Coastal Engineer
Experience
30+ years

Qualifications/Accreditations
– Ph.D. Coastal and Civil Engineering, University of Florida, 2000 – M.S. Coastal and Oceanographic Engineering, University of Florida, 1997 – Civil Engineer (Hydraulic and Sanitary Engineering), University of Uruguay, 1986 – Civil Engineer (Structural Engineering), University of Uruguay, 1984 – Registered Professional Engineer Civil (LA License No 33646); Memberships
– Member of Coasts, Oceans, Ports, and Rivers Institute (COPRI) – Member of American Society of Civil Engineers (ASCE)
– Member of Interamerican Association of Sanitary and Environmental Engineering (AIDIS) Relevant experience summary
Dr. Rodriguez is a civil engineer with more than 30 years of experience specializing in environmental engineering and water resources engineering, including coastal engineering, hydraulics, hydrology, sedimentation, and water quality. He is specialized in the developing and/or using of numerical models to study wave transformation, hydrodynamics (circulation, storm surge, flooding), and the associated coastal processes such as sediment transport, morphological changes, and pollutant migration. Dr. Rodriguez has extensive experience developing two- and three-dimensional hydrodynamic, sediment transport and water quality modeling studies in estuaries, coastal zones, rivers, lakes and reservoirs, as well as wave modeling and dynamic mooring analysis modeling. H e has strong experience in the use of leading modeling platforms including MIKE, Environmental Fluid Dynamics Code (EFDC), Water Quality Analysis Simulation Program (WASP), EPD-RIV1, VPLUMES, Cormix, Bouss2D, Delft3D, Flow3D, CE-QUAL-W2 and HEC-RAS. His teaching experience includes courses on fluid dynamics, open channel flow, and environmental hydraulics, which he taught at the University of Uruguay and at the University of Florida. He participated as a project engineer in the study and design of numerous sewage plants

Delaware River Modeling | 2023
June 2019- Present. For the Delaware River Basin
Commission (DRBC), Dr. Rodriguez is the project
manager for assistance on the improvement of the
hydrodynamic and water quality model of the Delaware
River and Estuary using EFDC and WASP. Under the
contract GHD updated the wetting and drying
conditions in the linkage file between EFDC and
WASP8 and provides DRBC as -needed support on
EFDC. Provided technical review of the model
implementation and made changes to the EFDC code
needed to a proper development of the Delaware River
and Estuary model.

Mississippi River Vikings Cruise Port | 2023
March-May 2023. Viking Cruises are developing and
upgrading several ports along the Mississippi river for the mooring of river cruise ships. Dr Rodriguez
developed and review numerical model to conduct
mooring analysis for the facilities at St Francisville, LA; Natchez, MS and Houmas House, LA.

San Jacinto River Waste Pits, Texas | 2022
July 2021 – July 2022. Lead Modeler for the
Environmental Protection Agency (EPA) Dr. Rodriguez
was responsible to setup a numerical hydrodynamic
model using the Environmental Fluid Dynamic Code
(EFDC) of the San Jacinto River to evaluate the effects on the floodplain of the cofferdam walls placed for the bottom clean- up of the San Jacinto River Waste Pits
Superfund Site.

Coastal Flooding Risk Assessment | 2021
GHD was engaged by GHD UK to provide a coastal
flooding risk assessment for the Environmental Impact
of the Cayman Islands Integrated Solid Waste
Management System. The Integrated Solid Waste
Management System (ISWMS) comprises 34.1 acres
and is located on the west coast of Grand Cayman,
[Choose an option...]

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Hugo N. Rodriguez | Civil and Coastal Engineer

T [Office phone] | M [Work mobile] | E [Employee email] ghd.com

north of George Town. A coastal model was developed
and calibrated to simulate storm surge elevations
resulting from hurricane events that are based on three exposure categories: category 2, 3 and 5 hurricanes.

Savannah Harbor Model Recalibration and
Startup Period simulation | 2021
July 2020 – March 2021. Lead Modeler for the U.S.

Corp of Engineers Savannah District. Dr. Rodriguez
was responsible for updating and recalibrating the 2016 Environmental Fluid Dynamics Code (EFDC)
hydrodynamic model and WASP water quality model of
the Savannah Harbor. The models were used to assess
the success of the Oxygen Injection System during the
Startup Period.

Port Everglades Harbor Monitoring | 2021
November 2020-July 2021.

For the U.S. Army Corps of Engineers (Corps),
Jacksonville District, GHD is performing water quality
monitoring services to support the Operation and
Maintenance dredging event for Port Everglades
Harbor in Florida. The services include on- site
inspection, monitoring, reporting, and oversight at the Federal Channels of Port Everglades, FL. Tasks
performed for this project include field data collection of ADCP transects, installation and maintenance of six
fixed monitoring stations to collect continues data of
salinity, temperature and turbidity, synoptic collection of salinity, temperature and turbidity profiles and TSS
samples through the duration of the project, collection of bottom sediment samples. Other tasks performed
include the collected data analysis and QA/QC.

Miami Dade County Coastal Erosion Hotspots:

Modeling, Planning & Design Services | Miami
Dade County RER-DERM | Miami, FL | 2019
November 2019- present. The Miami -Dade County
Division of Environmental Resources Management
(DERM), Department of Regulatory and Economic
Resources (RER) retained GHD to provide coastal
modelling, planning, permitting, and design services to identify and mitigate coastal erosion hotspots along
approximately 13 miles of the Miami -Dade County
shoreline. The shoreline of interest extends from Florida Department of Environmental Protection (FDEP)
reference monuments R -7 to R -74 and comprises
beach shorelines ex tending from a northern boundary
of Sunny Isles to the Government Cut north jetty.

MSC Cruises Terminal Expansion at PortMiami
| Arquitectonica | Miami, FL | 2019
June 2019-December 2019. MSC Cruises is proposing
a new terminal expansion to be located along the
eastern end of Dodge/Lummus Island. GHD was
retained by Arquitectonica on behalf of MSC Cruises to
provide coastal and mooring basis of analysis report
that includes the development of site environmental
conditions, underkeel clearance and scour potential
during vessel arrival/departure, mooring and berthing
analysis that includes a passing vessel study, and a top of wall assessment. Dr. Rodriguez conducted a
dynamic mooring analysis developing numerical
models using MIKE21 MA.

Savannah Harbor Expansion Project | 2019
March 2019-July 2019.

For Georgia Port Authority, support the monitoring and
modeling of the dissolved oxygen injection system into
the Savannah Harbor.

Review and process the monitoring data and assist in
the modeling of the injection system and its effects on the harbor.

Pearl and Leaf Rivers, Mississippi Nutrient and
Temperature Water Quality Modeling | 2019.

Project Manager of the development and application of
a hydrodynamic and water quality model to evaluate the
impacts of Georgia Pacific nutrient discharges on the
chemical and biological parameters of the Pearl and
Leaf Rivers.

Sediment study for Savannah Harbor with the
USACE Savannah District and Jasper Ocean
Terminal
Lead Modeler |
U.S. Corp of Engineers Savannah District |
Savannah, GA and Jasper County, SC | Sep 2017 -
July 2018
Lead Modeler for the U.S. Corp of Engineers
Savannah District. September 2017-July 2018. Dr.

Rodriguez was responsible for updating the 2016
Environmental Fluid Dynamics Code (EFDC)
Savannah Harbor model and implementing the
sediment transport simulation in the river and harbor.

Dr. Rodriguez lead the team that used the model to
assess sedimentation and shoaling rates within the
navigational channel and determine amount of
dredged material requiring removal to maintain a safe
navigation channel and berth access to the proposed
Jasper Ocean Terminal.

Dispersion of sediment plume during the
dredging operation at Backbay
Senior Water Resources Engineer |
Biloxi, MS | Jan 2017- Mar 2017
Dr. Rodriguez worked on the setup of a sediment
transport model to understand the potential impacts of
the proposed restauration construction at Backbay
Island site to the Phase IV NRDA reef restoration
projects located in its vicinity. A preliminary analysis used the hydrodynamic and sediment transport
modules of the Delft3D modeling package. The
modules used includes the hydrodynamic module
(Delft3D-FLOW), the Delft3D-SED module, and
Delft3D-MOR modules to represent the suspended
sediment patterns
223
Jeremy Svehla | Coastal Resiliency and Wetland Restoration T 707.267.2246 | E [email protected] www.ghd.com

Jeremy Svehla PE, QSD/P
Coastal Resiliency and Wetland Restoration
Location
Eureka, CA
Experience
20 years
Qualifications/Accreditations
– BS, Environmental Resources Engineering, Humboldt State University, Arcata, CA, 2003 – Civil Engineer, CA #72169, OR #84314
– Qualified Stormwater Pollution Prevention Plan (SWPPP) Developer/Practitioner #00159 Key technical skills
– Coastal Resiliency
– Habitat Restoration Design
– Flood Management and Sea Level Rise Adaptation
– Hydrology, Hydraulics and Geomorphology
– CEQA, NEPA, and Permitting
– Granting Writing
– Construction Management
Memberships
– American Society of Civil Engineers (ASCE), North
Coast Branch, Past Director
– American Fisheries Society (AFS)
– City of Arcata, Wetlands and Creek Committee, 2014
- Present
– Humboldt State University Environmental Resources
Engineering Department, ABET Accreditation
Advisory Committee, 2010 - Present
Relevant experience summary
Jeremy Svehla is a professional engineer with over 20 years of experience in water resources and coastal engineering, encompassing a broad range of engineering design, project management, and construction management for large-scale wetland improvements, stream habitat restoration, and flood control projects, especially within the Coastal Zone of California. This has involved managing the Eel River Restoration Program comprised of the Salt River Ecosystem Restoration Project involving restoration of the lower 7.7- mile reach of the Salt River corridor and 450 acres of tidal salt marsh. He is also managing restoration of the lower 2.5- mile reach of Centerville Slough, 150 acres of tidal salt marsh, and 15 acres of coastal dunes in the Eel River Estuary. His ski lls range grant writing, geomorphic assessments, shoreline assessments, 2D hydrodynamic modeling, riverine and estuarine habitat restoration design, and sea level rise adaptation planning. He has served as project manager or project engineer for restoration projects and habitat improvement/enhancements for the majority of our team’s high- profile restoration experience. As a testament to the quality of his service, Jeremy was named the ASCE San Francisco Section North Coast Branch “Engineer of the Year” in 2015.

South Carlsbad Boulevard Managed Retreat
Project Director
San Diego County | Carlsbad, CA
Senior Engineer for a State Coastal Conservancy
funded project that seeks to retreat a two-mile segment of Highway 101 to a more resilient location and revision abandoned coastal lands to activate the space for public uses (active/passive recreation and access), restore
habitat and utilize nature based shoreline protection
elements to slow the of the erosion of the bluffs. The
project involves extensive stakeholder and community
engagement, alternatives development and feasibility
analysis to identify a preferred Climate Adaptation Plan for the relocated segment of highway.

Bayshore Bikeway Resiliency Project
Project Director
San Diego County | Imperial Beach, CA
Senior Engineer responsible for development of nature-
based adaptation strategies for a vulnerable low-lying
stretch of Bayshore, located adjacent to San Diego Bay
in the community of Imperial Beach. Project elements
include development of a living levee along the existing bikeway to achieve multiple benefits, including creation of habitat transition zones, flood protection to the
community and improved tidal hydraulics. The project
seeks to provide ecosystem resilience and flood
protection for 3.5 feet of sea level rise consistent with the State of California’s Climate Action Plan.

224
Jeremy Svehla | Coastal Resiliency and Wetland Restoration T 707.267.2246 | E [email protected] www.ghd.com

San Francisco South Bay Salt Pond Restoration
Project Engineering/Constructability Reviewer
San Francisco Bay, CA
Involvement on this project included constructability plan- check, quality assurance and environmental compliance
review of construction documents. Role included review of shoreline erosion potential, suitability of sediment reuse for set-back berm construction and identification of haul route constraints due to traffic and dust suppression constraints. The review also included value-engineering assessment to reduce overall construction cost while increasing project biddability and constructability.

SLR Adaptation Plan for Transportation
Infrastructure in the Eureka Hydrologic Area
Project Manager
Humboldt County Department of Public Works |
Humboldt Bay, CA
As part of a study to identify shoreline vulnerability and adaptation projects to address SLR, shoreline erosion,
and sedimentation from coastal streams throughout a
3,000-acre study area—including the US Highway 101
corridor between Arcata and Eureka—is leading the
project team to determine vulnerabilities to SLR impacts and adaptation measures that will reduce long-term risk.

The study focuses on the geomorphic response to
episodic storm events and long-term increases in sea
levels. Humboldt County Department of Public Works
leads the project, partnered with Caltrans, HCAOG, and
City of Eureka. The project is funded through a Caltrans Sustainable Communities Grant Program.

Hanson Russian River Floodplain Restoration
Project Manager
Sonoma County | Near Windsor, CA
Serves as Project Manager for this ongoing project to
restore 350 acres of former gravel pit mines to a riparian floodplain on the Russian River near the Town of
Windsor. Work involves riverine hydraulic analyses,
groundwater assessments to support final design
(assessing the hydraulic and fate-transport of
accumulated methylmercury at the bottom of the mine
pits), California Environmental Quality Act (CEQA) and
regulatory approvals, and 4.7 million cubic yards of
earthwork to re-contour and re-connect the floodplain to the river. The project will improve geomorphic stream
function, increasing riparian buffers and habitat diversity for avian and aquatic listed species while reducing
further accumulation of methyl mercury and flood
reduction. Led the project team through initial data
collection, hydrogeologic and geotechnical studies, and preliminary design to support regulatory approvals. The project is funded by the California Coastal Conservancy and the California Department of Fish & Wildlife.

Salt River Ecosystem Restoration Project
Project Manager
Humboldt County Resource Conservation District
(HCRCD) | Humboldt County, CA
Served as Project Manager for this ongoing project
which includes restoration of the lower 7.7-mile reach of the Salt River corridor and 450 acres or tidal salt marsh in the Eel River estuary. Project objectives include
removal of salmonid migration barriers, improvements to geomorphic stream function, increased riparian buffers, increased tidal exchange and habitat diversity for avian and aquatic listed species. Responsibilities have
included leading the project team through development
of permit applications, channel design, Environmental
Impact Report (EIR) support, and development of
construction documents and construction management
for this $34 million restoration project.

White Slough SLR Resiliency and Tidal Marsh
Restoration Project
Project Manager
US Fish & Wildlife Service | Humboldt Bay National
Wildlife Refuge, Loleta, CA
Provided planning, permitting, construction contracting, and construction oversite assistance to the US Fish and Wildlife Service (USFWS) project, located on the
Humboldt Bay National Wildlife Refuge adjacent to
Highway 101. Work involves the removal of failed
earthen levees and construction of new set-back levees
designed to attenuate wind-wave energy and reduce
impacts to sensitive tidal marsh habitat and US Highway 101 from SLR. Provided USFWS with sediment reuse
planning assistance, Caltrans encroachment permit
application assistance, traffic control plans, design
review, construction management.

Awards
– Homer Arnold Award for Lower Van Duzen River
Streambank Restoration and Fish Passage
Improvement Project
– ASCE San Francisco Section North Coast Branch
Engineer of the Year, 2015
Career history
2005 - present GHD (formerly Winzler and Kelly),
Technical Director
2003 - 2005 Michael Love & Associates, Project
Engineer
2000 - 2005 USDA-NRCS, Office Engineer /
Student Intern

225
CHRISTY VILLA, PE
Principal Engineer
Ms. Christy Villa, PE brings over 21 years of experience in public works with an emphasis on active transportation planning and design, green street infrastructure, and writing, managing, and administrating Federal, State, and Local grants for public agencies. She has successfully secured over $12M in grant funding for local municipal agencies in San Diego County and has experience with a variety of grant programs including, but not limited to, the Active Transportation Program (ATP), Highway Safety Improvements Program (HSIP), and the Sustainable Communities Transportation Planning Grant Program.

PROJECT EXPERIENCE
Ms. Villa has successfully secured funding from the following grant programs:

Grant Name Amount
Caltrans ATP Cycle 3 Augmentation $996,000
Caltrans Sustainable Communities Planning Grant Program $210,450 Caltrans ATP Cycle 2 $4,670,000
Caltrans Sustainable Communities Transportation Grant Program $250,000 DWR Prop 84 Stormwater Planning Grant $241,000
DWR Round 1 Prop 1 $1,400,000
EPA Water Infrastructure Finance and Innovation Act (WIFIA)* $96,000,000 The U.S. D.o.D. Office of Local Defense Community Cooperation $500,000

On‐Call Grant Writing and Grant Administration | Long Beach Water Department Principal Engineer providing grant administration services for a variety of Long Beach Water Department (LBWD) programs funded through State and Federal grants. This includes grant administration support, and
coordination with Long Beach Water
Department and City of Long Beach staff. Ms. Villa and Villa Civil staff are also retained by LBWD to assist in reviewing potential grant opportunities and preparing applications. Villa Civil staff periodically review existing, planned, and potential LBWD projects to identify projects or portions of projects that may be good candidates for grant funding. This includes identify funding opportunities to align LBWD objectives and develop strategies to secure these funds. Strategies include facilitating meetings with funding agencies and helping to create new opportunities favorable to LBWD projects.

Santa Fe Drive Bike and Corridor Improvements | City
of Encinitas
As part of Caltrans’ Active Transportation Program Cycle 3 Augmentations, Ms. Villa is currently providing project management services for this $1.2M project.

Responsibilities include coordinating with state and federal agencies, preparation of agency allocation requests, environmental documentation, and quarterly reporting.

This project involves a combination of infrastructure and non‐infrastructure components including the construction of new sidewalks, curbs, gutters, and curb ramps in addition to pavement improvements for new bike lanes and traffic calming features.

YEARS OF EXPERIENCE:
21 EDUCATION:

B.S. Structural
Engineering, University
of California, San Diego,
2003

LICENSES:

Professional Engineer
(Civil), California
#C70917

* Performed at Principal and CEO of Hoch Consulting
as
226
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan

PROPOSAL
APPENDIX B – PROPOSAL CHECKLIST
227
City of Oxnard Solicitation # PW24-48
Purchasing Division Bid Close Date: 12/07/2023 at or before 2:00 PM PST 21 | Page
Tab A – Proposal Checklist
Instructions:
a) T
his section must be filled in and each item checked off to ensure all items requested by the City in this solicitation have been submitted.
b) F
ollow the instructions in each section of this solicitation. c) P
resent all requested items in the index tabs ordered A through G as shown. d) L
abel each item presented and include additional items on your table of contents. e) A
ll proposals must include a detailed description of each proposed service to be provided. f) P
roposers that do not follow the bid instructions found in the separate document titled “Terms and Conditions” may be found to be “non-responsive” and disqualified from the bid process.

Name of Company:

Service to provide:

Main Point of Contact:

E-mail: Phone:

Craftwater Engineering, Inc.

Consulting Services for for Channel Island Harbor Water Quality Feasibility Study and Implementation Plan
Brad Wardynski, Sr. Project Manager and COO
[email protected] 213-393-2392
228
City of Oxnard Solicitation # PW24-48
Purchasing Division Bid Close Date: 12/07/2023 at or before 2:00 PM PST 22 | Page
Tab A Proposal Submission Checklist
General Proposer Information
Please provide one copy of the following items in your proposal. Indicate the page number where the item is located.

CERTIFICATION
I
, the undersigned, certify and declare I have read and know the contents of the proposal the proposer listed below is submitting to the City of Oxnard (“City”). I certify under penalty of perjury that the preparer(s) of this proposal has/have provided only complete and truthful information to the City in this proposal. I understand that any misrepresentations or material omissions within this proposal will be grounds for potentially disqualifying the proposer or not awarding the contract to the proposer. Additionally, any misrepresentations or material omissions within this proposal are considered breaches of the contract (should the proposer be awarded that contract); the City shall have the right to terminate the contract immediately without consequences, and the City retains all other legal rights available to the City for breach of contract.

I
, the undersigned, hereby give permission to the City and its employees and agents to contact references —including those references’ officials, employees, and agents (collectively, “References”) —of the proposer and its officers, managers, members, general partners, limited partners, or other owners of at least ten percent (10%) of the business, or if the business is a corporation or s-corporation, of its stock (collectively, “Owners”), and request information from other clients—including those clients’ off icials, employees and agents (collectively, “Other Clients”). I further give permission for the City to review any criminal records of the Owners and obtain public records regarding the Owners, such as records of arrests, indictments, convictions, civil judicial actions, tax liens, and outstanding judgments. I have authority to waive, and I do waive, any and all rights and claims by the proposer, the Owners, and all of their heirs and assigns against the City and its officials, employees and agents, the Ref erences, and the Other Clients regarding any actions taken pursuant to, related to or incidental to, the authorization given in this paragraph.

Furthermore, I agree that the City and its officers, employees and agents may but have no obligation to share an y such information.

I
am executing this proposal on behalf of the proposer. I warrant and represent under penalty of perjury that I have the authority to execute this proposal on behalf of the proposer and I have the authority to bind the proposer to the answers provided in this proposal. If any information provided herein becomes inaccurate, I will immediately notify the City and provide updated accurate information in writing, under penalty of perjury. 229
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CERTIFICATIONS
I, of
Printed Name of Agent/Officer Name of Organization
Her
eby certify that by submission of this proposal in response to the solicitation, agree upon contract award to carry out the requirements specified and obligations set forth therein.

Signature: Date:

Title of Agent/Officer:

Execut
ion hereof is certification that the undersigned has read and understands the terms and conditions hereof, and that the undersigned's principal is fully bound and committed.

Brad Wardynski
Sr. Project Manager & COO
12/6/23
Craftwater Engineering, Inc.
230
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Tab B - Acknowledgement

1. Clarifications, Exceptions, or Deviations
All Proposer(s) shall describe any exception or deviation from the requirements of the solicitation. Each clarification, exception, or deviation must be clearly identified. If your company/firm/sole proprietorship has no clarifications, exceptions, or devi ations, a statement to that effect shall be included in this section. The sample service agreement is a separate attachment discussed in the solicitation labeled “Sample Agreement" and “Proposer Terms and Conditions” document located on the Public Purchase website and incorporated herein by this reference.

PROPOSER’S RESPONSE:

2. E
vidence of Insurability/Business Licenses
All Proposer(s) shall submit evidence of all required insurance. If awarded the contract the Proposer has ten (10) calendar days to produce the required insurances, including a certified endorsement naming the City as additionally insured. The Proposer shall certify to the possession of any and all current required licenses or certifications. Proposer must provide a copy of current business license or other applicable licenses.

None
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Tab C - Company Profile/Experience
This section of the proposal is designed to establish the proposer as an entity with the ability and experience to operate the program as specified in the solicitation. The company profile should be concise and clear, including descriptive information regarding service delivery. The following information must be provided as follows:

1. Bus
iness name and legal business status (i.e. partnership, corporation, etc.).

PROPOSER’S RESPONSE:

2. Com
pany overview and disclosure of services or activities performed, including:
a. The City of Oxnard is a public agency with a City Council composed of elected officials. The elected officials are restricted from voting on any action concerning a contract w hose owners have made a campaign contribution of $250 or more in the previous 12 months. To assist them in their decision making process, please indicate the owners of the company and if any contributions were made to any Oxnard elected officials.
b. Company hie rarchy (President, Vice President, Company Officers, etc.) and an organizational chart.

3. An e
xplanation of any litigation, current or within the last 5 years, involving the Proposer or any principal officers thereof in connection with any contract. Is your firm, or the principals associated with your firm, under investigation, being sued, suing, or affiliated in any lawsuit or alternative dispute resolution with any governmental agency? If so, please provide details.

PROPOSER’S RESPONSE:

4. Li
st the members of your organization who are authorized to negotiate the agreement. Please provide an email address for each individual listed.

Craftwater Engineering, Inc. (a California corporation) No contributions to any elected officials were made by owners Chad Helmle & Brad Wardynski

4.5 years in business providing relatated services with current business name.

See Attachment 1
For office locations see Technical Proposal Section 1.2 and for allocations see Section 2.2 None
232
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PROPOSER’S RESPONSE:

5. Cred
entials/Resumes/Certifications/Licenses:

Th
is section shall state all employees/subcontractors responsible for administering or providing services. Provide a summary list of the organizational personnel that will actively participate and contribute their skills to this project. Include in this list the individual’s name, job title, work location and relevant experience in projects of similar size and complexity. (Responses may be one page per individual.) Pr
oposer shall specifically provide the following information on all employees to be providing services related to this solicitation:
a. Cu
rrent Responsibilities
b. Qualifications/Experiences
c. Education
d. Certifications/licenses, if applicable
e. List other pertinent information that will assist in evaluating Proposer’s qualifications. a. PROPOSER’S RESPONSE:
b. PROPOSER’S RESPONSE:
c. PROPOSER’S RESPONSE:
d. PROPOSER’S RESPONSE:
e. PROPOSER’S RESPONSE:

Pr
oposer can add as many sections to this response box as it needs to state all employees providing services.

6. Ce
rtification of Non -Debarment (If this solicitation will be receiving grant funding, this section would be applicable, if not, please remove)
The
City of Oxnard will be receiving Federal or State Grant funds.

The potential proposer must go to the following website:
(h
ttps://www.sam.gov/portal/public/SAM) and submit a printout with their proposal that verifies that the contractor is not liste d on the Excluded Parties Listing System (EPLS) (Executive Order 12549, 7 CFR Part 3017, 45 CFR Part 76, and 44 CFR Part 17). If awarded a contract, awarded vendor must notify the City immediately if debarred at any time during the contract period.

Brad Wardynski, [email protected] & Chad Helmle, [email protected] See Appendix A
See Technical Proposal Section 2.2
See Appendix A
See Appendix A
See Technical Proposal Section 2.2. and Appendix A
233
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Vendors must certify that it or any of its subcontractors do not appear on State and Federal exclusionary lists, including but not limited to:
i. Ge
neral Services Administration (GSA) Excluded Parties Lists System (EPLS) ii. In the event the vendor is excluded, ineligible, or terminated from participation in State and/or Federal programs, the solicitation process shall be subject to immediate termination and a contract will not be awarded.

PROPOSER’S RESPONSE:

CERT

IFICATIONS
As an authorized representative of my Firm/Company/Sole Proprietorship, I hereby attest that my Firm/Company/Sole Proprietorship is not excluded, ineligible, or terminated from participation in State or Federal programs and does not appear on any of the following lists:
a. Ge
neral Services Administration (GSA) Excluded Parties Lists System (EPLS) I
further attest that if selected, my Firm/Company/Sole Proprietorship will conduct regulatory sanction and exclusion screenings of subcontracted entities prior to engagement with said entities and monthly thereafter.

I und
erstand that if my Firm/Company/Sole Proprietorship becomes excluded, ineligible, or terminated from participation in State and Federal programs, any contracts held with the City will be subject to immediate termination for cause.

Sig
nature: Date:

Title
of Agent/Officer:
"Execution hereof is certification that the undersigned has read and understands the terms and conditions hereof, and that th e undersigned's principal is fully bound and committed."
See Attachment 2
Sr. Project Manager & COO
12/6/23
234
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Tab D - Scope of Services
This solicitation has a space provided under each question the City has of the Proposer. This solicitation is available for electronic download at www.publicpurchase.com.

Proposers must address all points in this section. All responses are in italicized font in the box.

Summary of Services

1. Provide a summary of the work plan and/or methodology and physical resources (staff and equipment) your company will commit to ensure successful project completion.

PROPOSER’S RESPONSE:

See Technical Porposal Section 2.3, 3.2, and Scope of Services in the RFP 235
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Tab E - References
A
ll Proposer(s) must include present and past performance information with a minimum of three (3) references of recent similar projects. References cannot include City staff as a reference. However, references can include other governmental agencies. Please verify that all reference information is correct.

Reference 1
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

Reference 2
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

Ventura Countywide Stormwater Quality Management Program 336 Sanjon Rd, Ventura, CA 93001
[email protected]
(805) 654-3942
Ventura Watershed Management Programs
April 2022 - Present
$1.25M
Water quality science, modeling, and implementation planning City of Pasadena & Upper LA River Watershed Group
[email protected]
(626) 744-3929,
Bacteria Load Reduction Strategy; preSIP Scientific Study; Stormwater Master plan Water quality science, modeling, engagement, and implementation planning $4M+
May 2020-Present
100 Garfield Ave n306, Pasadena, CA 91101
Arne Anselm, Chair and Deputy Director
Dawn Petschauer, Stormwater Program Administrator
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Reference 3
Company name:

Address:

Contact person:

Email address:

Telephone address:

Project name:

Dates worked performed:

Summary of scope of services:

Project cost:

1. Pr
ovide a list of contracts that your company has been awarded during the last three (3) years, showing year, type of services, dollar amounts of services provided, location, contracting company, contact name, and phone number.

PROPOSER’S RESPONSE:

2. Pr
ovide details of any failure or refusal to complete a contract. If none, that must be stated.

PROPOSER’S RESPONSE:

City of Monrovia & SGVCOG Water Working Group
(626) 932-5553
[email protected]
600 Mountain Ave, Monrovia, CA 91016
Alex Tachiki, Director of Public Works
October 2020-Present
$3M+
Revised WMP, RH/SGR Feasibility Studies, RH Ecosystem Design, NPDES Compliance Support Water quality science, modeling, engagement, feasibilty, design, and implementation planning None.

See Relevant Contract Details in Technical Proposal Section 1.4 and Attachment 3 237
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Tab F - Cost Proposal/Budget Narrative
In this section, please complete and include this Cost Proposal. Cost Proposals will be disclosed to the evaluators after the evaluation of the technical proposals has been completed. The City reserves the right to negotiate final fees with the selected Co ntractor(s). Proposals must fully describe all costs of charges to the City as part of this service/project. As stated in the Cost Proposal, Proposers must provide fully inclusive blended rates, which are all - encompassing of the Proposer’s project-related or supported expenses, including travel expenses. Proposers may also include any other documents as information to further explain the proposed costs.

P
roposals must be submitted electronically via PublicPurchase.com.

T
he Cost Proposal is required to be submitted separately from the technical proposal. 238
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Tab G - Proposer Attachment
Any response that Proposers are finding difficulty pasting into the “Proposers Response” boxes in any section of the solicitation, proposers shall paste in Tab G. When pasting attachments to Tab G, label the attachments “Attachment 1”, Attachment 2” and so forth. Enter the corresponding “Attachment Number” into the Proposer’s Response box as the example shows below:

Below is an example:

1. Business name and legal business status (i.e. partnership, corporation, etc.) PROPOSER’S RESPONSE: Located in “Attachment 1”

2. Proof of non-profit status, if applicable
PROPOSER’S RESPONSE: Located in “Attachment 2”
Tab G - Any response that Proposers are finding difficulty pasting into the “Proposers Response” boxes in any section of the solicitation, proposers shall paste in Tab G. When pasting attachments to Tab G, label the attachments “Attachment 1”, Attachment 2” and so forth. Enter the corresponding Attachment Number into the Proposer’s response box with the words “See Tab G.” List all attachments with an index tab.

List all attachments included in this Section. Please use additional pages to list attachments if n
ecessary.
239
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Rev Date: 02.18.2020
Attachment
Number
Document Title Page Number
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Attachment 8
Company Organization Chart 1
General Services Administration Excluded
Parties Lists System Certification
1 Recent Contract List 1
240
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan

PROPOSAL
ATTACHMENT 1 – COMPANY ORGANIZATIONAL CHART
241
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan COMPANY ORGANIZATION CHART Page 1
ATTACHMENT 1: COMPANY ORGANIZATION CHART

1. P
resident: Chad Helmle*
a. Oliver Galang*
b. Rowan Roderick-Jones
c. Merrill Taylor*
d. Thom Epps*
i. Randy Wade*
ii. Wisdom Akatu*
e. Brianna Datti*
i. Pauline Nguyen*
ii. Connor Rudmann
iii. Avery Reiter
iv. Alexis Wrzesian*
f. Courtney Semlow*
i. Andrew Takahashi*
ii. Shane Sasaki
iii. Lucas Tang
iv. Heather Kurtzman
v. Ethan Morgan

2. Vice President: Brad Wardynski*
a. Scott Iwamoto*
b. Rachel McFerrin*
*S
taff who will provide services under this contract.
242
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan

PROPOSAL
ATTACHMENT 2 - GENERAL SERVICES ADMINISTRATION EXCLUDED PARTIES LISTS SYSTEM

CERTIFICATION
243
244
245
246
247
248
249
City of Oxnard RFP #PW24-48 Channel Island Harbor Water Quality Feasibility Study & Implementation Plan

PROPOSAL
ATTACHMENT 3 – RECENT CONTRACT LIST
The table below lists recent contracts awarded to Craftwater in the last 3 years. For relevant project contact, budget, and other details, please refer to Section 1.4 of the Technical Proposal.

Craftwater considers this list proprietary and confidential, and we respectfully request that it is not shared publicly.
250
Services: Civil Engineering Consulting for all projects ChargeTypename Billable
Row Labels Sum of ExpectedRevenue
Year 2020 $4,375,320.77
20-012 $630,004.97
Pasadena Stormwater Master Plan $630,004.97
City of Pasadena $630,004.97
20-017 $515,051.80
RH/SGR Feasibility Studies $515,051.80
RH/SGR Watershed Management JPA $515,051.80
20-035 $1,000,000.00
LRS Adaptation Scientific Study $1,000,000.00
SGVCOG $1,000,000.00
20-039 $2,156,700.00
ULAR/ RH PreSIP Scientific Study $2,156,700.00
SGVCOG $2,156,700.00
20-046 $9,064.00
DC EWMP Update $9,064.00
CDM Smith, Inc $9,064.00
20-049 $64,500.00
Santa Monica Bay J2/J3 EWMP Update $64,500.00
Larry Walker Associates, Inc. $64,500.00
Year 2021 $5,314,821.06
20-031 $19,906.00
Bolivar Performance Validation $19,906.00
City of Lakewood $19,906.00
20-032 $379,237.00
Safe, Clean Water Credit Trading Program (Phase 2) $379,237.00 DRP Engineering, Inc. $379,237.00
20-036 $517,524.00
Red Morton Park Regional Stormwater Capture Project $517,524.00 Redwood City $517,524.00
20-038 $100,000.00
San Mateo County Task #3 Advancing Stormwater Capture Projects - Master Plan $100,000.00 County of San Mateo $100,000.00
20-064 $112,203.00
LCC Heartwell Park at Clark, Feasibility Study $112,203.00 Long Beach $112,203.00
20-122 $7,520.00
RH/SGR Water Quality Group's SWRP Updates $7,520.00
City of Monrovia $7,520.00
20-123 $657,306.00
Encanto Park SW Design $657,306.00
City of Monrovia $657,306.00
20-127 $200,000.00
Watsonville GI Plan $200,000.00
City of Watsonville $200,000.00
20-131 $1,850,623.00
SCWP Metrics and Monitoring Study $1,850,623.00
DRP Engineering, Inc. $1,850,623.00
20-139 $77,732.00
MacArthur Lake Rehabilitation Project $77,732.00
City of LA BOE $77,732.00
21-001 $16,000.00
USCR EWMP Updates $16,000.00
Upper Santa Clara River WMG $16,000.00
21-009 $2,040.00
Confidential
251
SGVCOG TO-01 post-Fire Monitoring $2,040.00
SGVCOG $2,040.00
21-012 $95,000.00
NYCDEP Water Quality Modeling Support $95,000.00
NYCDEP $95,000.00
21-016 $94,774.00
Feasibility Study and 10% Design for York Field $94,774.00 John L Hunter & Associates $94,774.00
21-019 $200,570.00
TO-047.22 Stormwater Harvesting $200,570.00
City of San Diego $200,570.00
21-023 $19,594.00
WAR Eagle Rock Blvd Stormwater Capture Facility $19,594.00 City of LA StreetsLA $19,594.00
21-024 $32,556.00
Griffith Park Fern Dell Trail Revitalization and SW Project $32,556.00 Friends of Griffith Park $32,556.00
21-025 $93,014.00
Apollo Park Stormwater Capture $93,014.00
City of Downey $93,014.00
21-027 $15,358.00
Merced Avenue Improvements $15,358.00
City of El Monte $15,358.00
21-029 $22,000.00
RAA Adaptive Management Review $22,000.00
City of La Verne $22,000.00
21-030 $26,104.00
Atwood Multipurpose Trail $26,104.00
City of Placentia $26,104.00
21-032 $15,985.00
Culver Boulevard SW Capture Project Analysis for Caltrans Funding Participation $15,985.00 City of Culver City $15,985.00
21-033 $33,945.00
Navy Utility Location/Assessment Services - LeMoore $33,945.00 US Navy $33,945.00
21-034 $3,000.00
TO44 â€“ WAMP â€“ Channels $3,000.00
City of San Diego $3,000.00
21-035 $24,790.00
TO-001.21 Funding Strategy Credit Program $24,790.00
City of San Diego $24,790.00
21-036 $38,146.00
Glendora Green Street Project Feasibility Study $38,146.00 County of Los Angeles $38,146.00
21-037 $69,289.00
WAMP Implementation $69,289.00
City of San Diego $69,289.00
21-038 $24,990.00
Monrovia FY 21/22 As-Needed Stormwater Program Services $24,990.00 City of Monrovia $24,990.00
21-039 $19,822.00
CIP Database Support $19,822.00
City of LA Sanitation $19,822.00
21-041 $44,742.00
Lakewood Equestrian Center SCW Support $44,742.00
John L Hunter & Associates $44,742.00
21-042 $14,550.00
NPDES COMPLIANCE REPORTING & REGULATORY SUPPORT â€“ MS4 PERMIT $14,550.00 SGVCOG $14,550.00
Confidential
252
21-043 $273,000.00
Stormwater Funding Measure and Communications $273,000.00 City of San Diego $273,000.00
21-044 $61,050.00
2021 ULAR Annual Report $61,050.00
ULAR WMG $61,050.00
21-048 $18,988.00
TO042.22 - Design/Construction Plans for Otay Reed and Hollister Quarry $18,988.00 Tetra Tech $18,988.00
21-049 $38,900.00
LCC Caltrans WLA Support $38,900.00
Richard Watson & Associates $38,900.00
21-055 $15,181.00
GWMA Grant Writing Support $15,181.00
Gateway Water Management Authority (GWMA) $15,181.00
21-068 $42,300.00
ARLA Visualization Support $42,300.00
Rockefeller Philanthropy Advisors $42,300.00
21-071 $37,082.06
Carson Streetscape Conceptual Design Template $37,082.06 City of Carson $37,082.06
Year 2022 $11,317,548.12
20-043 $47,499.92
TO070 Stormwater Standard Drawings $47,499.92
Tetra Tech $47,499.92
20-081 $355,802.00
Spane Park SW Project DESIGN $355,802.00
City of Paramount $355,802.00
20-086 $609,905.00
Finkbiner Park SW Capture DESIGN $609,905.00
City of Glendora $609,905.00
20-088 $466,528.00
Furman Park SW Project DESIGN $466,528.00
City of Downey $466,528.00
20-090 $850,000.00
Simms Park SW Project DESIGN $850,000.00
City of Bellflower $850,000.00
20-099 $71,250.00
LLAR GAP $71,250.00
Gateway Water Management Authority (GWMA) $71,250.00
20-100 $71,250.00
LSGR GAP $71,250.00
Gateway Water Management Authority (GWMA) $71,250.00
20-102 $74,023.00
Skylinks Golf Course at Wardlow DESIGN Phase 2 $74,023.00 Tetra Tech $74,023.00
20-102Ph1 $154,649.00
Skylinks Golf Course at Wardlow DESIGN Phase 1 $154,649.00 Tetra Tech $154,649.00
20-103 $85,443.00
El Dorado Regional Project DESIGN Phase 2 $85,443.00
Tetra Tech $85,443.00
20-103Ph1 $223,058.00
El Dorado Regional Project DESIGN Phase 1 $223,058.00
Tetra Tech $223,058.00
20-118 $229,580.00
ULAR Fire Effects Study $229,580.00
WSP USA E&I $229,580.00
20-128 $188,000.00
Confidential
253
LAUSD Living Schoolyards Study $188,000.00
TreePeople, Inc. $188,000.00
20-138 $506,109.00
Arroyo Seco Water Reuse & Natural Stream Restoration Project $506,109.00 City of Pasadena $506,109.00
20-140 $50,000.00
Lankershim Blvd Local Area Flow Management $50,000.00
CDM Smith, Inc $50,000.00
20-141 $50,000.00
Oro Vista Local Area Urban Flow Management $50,000.00
CDM Smith, Inc $50,000.00
21-005 $1,563,907.20
Ventura WMPs $1,563,907.20
Ventura County Public Works Agency $1,563,907.20
21-006 $164,184.00
Torrance Airport Stormwater Basin Project $164,184.00
Tetra Tech $164,184.00
21-022 $31,226.00
Parkway Drive Improvements $31,226.00
Alta Planning + Design, Inc. $31,226.00
21-045 $84,254.00
Marengo Yard SW Improvement Project $84,254.00
City of Alhambra $84,254.00
21-053 $913,335.00
Twin Pines Park Project $913,335.00
City of Belmont $913,335.00
21-058 $947,101.00
Lynwood City Park Stormwater Capture Project $947,101.00 City of Lynwood $947,101.00
21-061 $260,596.00
Santa Monica Feasibility Studies & Design Concept Reports $260,596.00 City of Santa Monica $260,596.00
21-063 $600,000.00
Green City Master Plan $600,000.00
City of Salinas $600,000.00
21-072 $610,027.00
LADWP Stormwater Capture Parks Program Phase 2 $610,027.00 Carollo Engineers $610,027.00
22-002 $34,104.00
Sierra Army Depot Resilience Review Program (SIAD RRP) $34,104.00 Tetra Tech $34,104.00
22-003 $83,028.00
Progress Park Feasibility Study $83,028.00
Richard Watson & Associates $83,028.00
22-005 $132,470.00
San Jose Creek Multi-Use Bikeway RFP#2021-PW5 $132,470.00 Alta Planning + Design, Inc. $132,470.00
22-008 $15,635.00
Clean California Local Grant Program $15,635.00
City of El Monte $15,635.00
22-009 $7,550.00
Arroyo Seco Water Reuse - Environmental Document & Permitting Services $7,550.00 Psomas $7,550.00
22-013 $250,900.00
MWD SW Capture Co-Benefit Pilot Study $250,900.00
Rockefeller Philanthropy Advisors $250,900.00
22-014 $74,757.00
Merced Ave Linear Park SW Capture Project Feasibility Study DESIGN $74,757.00 City of El Monte $74,757.00
Confidential
254
22-015 $1,500.00
Watsonville Grant Support (2022) $1,500.00
City of Watsonville $1,500.00
22-016 $1,540.00
EPA Financial Capability Assessment $1,540.00
City of Monrovia $1,540.00
22-017 $104,137.00
Wilmington Middle School Greening Project $104,137.00
TreePeople, Inc. $104,137.00
22-019 $8,472.00
Caruthers Park Stormwater Capture Project O&M Manual $8,472.00 City of Bellflower $8,472.00
22-020 $2,000.00
Task Order 4: Coachella Valley SW Channel Project QAPP $2,000.00 CASC Engineering and Consulting, Inc. $2,000.00
22-026 $3,184.00
Leucadia Master Plan $3,184.00
City of Encinitas $3,184.00
22-029 $10,000.00
Caltrans Sampling Support Services $10,000.00
CASC Engineering and Consulting, Inc. $10,000.00
22-030 $4,828.00
Merced Avenue Linear Park Public Engagement for Grant Support $4,828.00 City of El Monte $4,828.00
22-031 $11,742.00
El Dorado Safe Clean Water Program Reporting $11,742.00 Tetra Tech $11,742.00
22-032 $18,664.00
Skylinks Safe Clean Water Program Reporting $18,664.00
Tetra Tech $18,664.00
22-034 $111,051.00
Eagle Rock Blvd Multi Modal Stormwater Capture Project $111,051.00 CDM Smith, Inc $111,051.00
22-035 $111,051.00
Mission Mile Sepulveda $111,051.00
CDM Smith, Inc $111,051.00
22-036 $1,500.00
Salinas Caltrans Clean CA Grant Support $1,500.00
City of Salinas $1,500.00
22-037 $40,000.00
SCW CIP Prioritization $40,000.00
Carollo Engineers $40,000.00
22-039 $208,321.00
TO067 Stakeholder Outreach and Education $208,321.00
Tetra Tech $208,321.00
22-040 $102,204.00
FY23 Strategic Business Plan $102,204.00
Tetra Tech $102,204.00
22-041 $14,493.00
Broadway Manchester ATP $14,493.00
Kimley-Horn & Associates, Inc. $14,493.00
22-044 $11,248.00
Heartwell Park at PV SW Capture Support $11,248.00
Richard Watson & Associates $11,248.00
22-045 $27,572.00
TO056 Mitigation $27,572.00
Tetra Tech $27,572.00
22-048 $50,000.00
2022 ULAR Annual Report $50,000.00
Confidential
255
SGVCOG $50,000.00
22-051 $10,000.00
Green Street Project $10,000.00
2NDNATURE $10,000.00
22-052 $8,723.00
ULAR MS4 Compliance & Reporting Interactive Website $8,723.00 SGVCOG $8,723.00
22-053 $23,000.00
Municipal Stormwater NPDES Permit Compliance Assistance $23,000.00 C/CAG San Mateo County $23,000.00
22-069 $10,500.00
TO02 FY23 Project Management Software $10,500.00
Dudek $10,500.00
22-078 $110,440.00
LCC BMP Special Study $110,440.00
Richard Watson & Associates $110,440.00
22-079 $257,000.00
TMDL Implementation Options & RAA Modeling $257,000.00
CASC Engineering and Consulting, Inc. $257,000.00
22-080 $166,275.00
TO064 - SW Harvesting & Use Study $166,275.00
Tetra Tech $166,275.00
22-081 $81,932.00
San Diego Bay IDEA $81,932.00
Michael Baker International $81,932.00
Year 2023 $12,171,958.67
20-072 $1,104,000.00
Maximizing Impact of Minimum Control Measures $1,104,000.00 SGVCOG $1,104,000.00
20-095 $999,607.00
Fairplex Regional Stormwater Project $999,607.00
City of Pomona $999,607.00
20-135 $19,800.00
Ballona Creek WMP Update $19,800.00
Larry Walker Associates, Inc. $19,800.00
21-004 $492,625.00
LRS Adaptation Scientific Study - Additional Funds $492,625.00 SGVCOG $492,625.00
21-040 $437,000.00
LLAR and LSGR GAP Analysis Ph 2 $437,000.00
Gateway Water Management Authority (GWMA) $437,000.00
21-064 $99,894.00
Salinas Closter Park Green Street $99,894.00
Wallace Group $99,894.00
22-007TO1 $249,064.00
Fern Dell Restoration & SW Capture Project Feasibility Study $249,064.00 LA County DPW $249,064.00
22-022TO1 $377,094.00
Grand View Water Main Replacement Project $377,094.00
LA County DPW $377,094.00
22-022TO2 $377,094.00
Rock Creek Water Main Improvement Project $377,094.00
LA County DPW $377,094.00
22-049 $41,445.50
ULAR WMP Comment Response $41,445.50
SGVCOG $41,445.50
22-054 $76,603.70
Development of a Feasibility Study for the Arrow Hwy Beautification Project; P-1040 $76,603.70 City of Irwindale $76,603.70
Confidential
256
22-060 $726,709.00
York Field SW Capture Project $726,709.00
City of Whittier $726,709.00
22-066 $20,000.00
SCWP Workforce Landscape Assessment $20,000.00
Conservation and Natural Resources Group, LLC $20,000.00 22-071 $88,754.00
Independence Park SW Project $88,754.00
John L Hunter & Associates $88,754.00
22-076 $449,365.00
MacArthur Lake SW Capture Design $449,365.00
Carollo Engineers $449,365.00
23-001 $5,000,000.00
As-Needed Community Focused SW Project Service $5,000,000.00 County of San Diego $5,000,000.00
23-001TO1 $63,776.00
Multi-Year Workplan for Delivery of Community Focused Stormwater Projects $63,776.00 County of San Diego $63,776.00
23-001TO2 $751,517.00
Project Opportunity Analysis $751,517.00
County of San Diego $751,517.00
23-001TO3 $100,000.00
Spooners Mesa Stormwater Culvert Improvements – Feasibility Study $100,000.00 County of San Diego $100,000.00
23-003 $35,092.00
FY24 Funding Strategy & Think Blue - TO1 $35,092.00
Michael Baker International $35,092.00
23-005 $83,994.00
Signal Hill Reservoir Park Regional SW Capture Feasibility Study $83,994.00 Richard Watson & Associates $83,994.00
23-008 $92,000.00
Story Park SW Capture Project Feasibility Study $92,000.00 City of Alhambra $92,000.00
23-009 $43,700.00
TO73 Mission Bay WMA IDEAS $43,700.00
Michael Baker International $43,700.00
23-011 $87,146.00
TO 073 Transportation Dept Strategic Support $87,146.00 Tetra Tech $87,146.00
23-012 $49,036.00
TO01 FY24 Strategic Plan Update & San Dieguito East H&H Study $49,036.00 Dudek $49,036.00
23-013 $4,432.70
Semi-Annual WMP Progress Report & Website Updates $4,432.70 SGVCOG $4,432.70
23-019 $4,759.00
Parkway Denholm Project Outreach Support $4,759.00
City of El Monte $4,759.00
23-026 $20,000.00
ARLA Spatial Data License $20,000.00
Rockefeller Philanthropy Advisors $20,000.00
23-027 $13,466.00
Heartwell Park at Clark Channel SCWP FY24-25 Application $13,466.00 Richard Watson & Associates $13,466.00
23-028 $19,938.00
Grants Program Support $19,938.00
Dudek $19,938.00
23-030 $55,332.00
Mission Bay IDEA Phase 2 $55,332.00
Confidential
257
Michael Baker International $55,332.00
23-031 $4,706.00
TO 075 – FY24 Mitigation Support $4,706.00
Tetra Tech $4,706.00
23-032 $23,809.00
Wilmington/Sepulveda Roadway Curb, Sidewalk, and Driveway Repairs $23,809.00 Marathon Petroleum $23,809.00
23-034 $66,699.77
Mission Mile Sepulveda ATP $66,699.77
Kimley-Horn & Associates, Inc. $66,699.77
23-036 $10,000.00
Caltrans (CASC) Document Review - As needed $10,000.00
CASC Engineering and Consulting, Inc. $10,000.00
23-053 $21,060.00
2023 ULAR Annual Report $21,060.00
SGVCOG $21,060.00
23-054 $62,440.00
San Diego TO06 SW Standard Drawings (H2225979) $62,440.00 Michael Baker International $62,440.00
Grand Total $33,179,648.62
Confidential
258
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

CITY OF OXNARD SPECIAL DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
259
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS

COMMUNITY FACILITIES DISTRICTS
260

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3

DATE: May 7, 2024

TO: City Council

FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]

SUBJECT: Update on the Financial Corrective Action Plan (FCAP) for Closing Past Audit Findings.

RECOMMENDATION

That the City Council receive an update on the Financial Corrective Action Plan (FCAP) for closing past audit findings.

BACKGROUND

The City’s annual audit for FY 2014-15 produced 111 single-audit findings. These findings primarily concerned the City's policies and procedures (or lack thereof) for accounting and financial management. Between fiscal year 2016 through the fiscal year ended June 30, 2018, the City’s annual audits continued to identify new findings in the double digits. For FY 2019-20, there was one additional audit finding, for Information Technology General Controls, which was communicated to City Council via a separate confidential written report due to its sensitive nature. For FY 2020-21, there was one new finding for accounting and financial management, but only two earlier audit findings remained unresolved, and there were no material weaknesses. For FY 2021-22, there were no new findings for accounting and financial management; only two prior findings remained unresolved. FY 2021-22 was the third year in a row where the City had no material weaknesses. For FY 2022-23, there were no new findings for accounting and financial management (for the second year in a row); only one prior finding remains unresolved. Below is a table summarizing audit finding history.

History of Findings by Fiscal Year A
# of New Finding
B
# of Repeat Findings
C = (A+B) + Prior Year C
Total # of Findings
FY 2014-15 111 0 111
FY 2015-16 5 0 116
FY 2016-17 10 9 135
FY 2017-18 24 13 172
FY 2018-19 8 3 183
FY 2019-20 1 0 184
FY 2020-21 1 1 186
FY 2021-22 0 0 186
FY 2022-23 0 0 186
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In order to correct the various accounting and financial management audit findings, the City was required to produce a Corrective Action Plan, or CAP. This plan, updated annually, addresses all unresolved findings, and the steps and timeline to correct them. Staff created a detailed audit scorecard, and began presenting it to the Finance & Governance Committee, and to City Council, every six months.

DISCUSSION

During our FY 22-23 Single Audit, Eadie + Payne determined that the City sufficiently completed the corrective action plan for the finding identified in the FY 20-21 audit related to updating the Indirect Cost Allocation Plan. This means the Finance Department has closed out all audit findings!

Only one finding remains outstanding, the finding related to the Information Technology General Controls. This finding has 18 parts. Per our auditor, six parts have been completed and two are no longer required, so ten parts remain. We have continued to make progress on the corrective actions for the finding. The City Council will continue to receive updates on the IT General Controls finding through separate confidential reports.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

At its April 23, 2024, meeting, the Finance and Governance Committee, by a vote of 3-0, recommended staff forward this item to the City Council.

Prepared by: Jennifer Hiraoka, Senior Manager Internal Controls

ATTACHMENTS
None

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CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1

DATE: May 7, 2024

TO: City Council

FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]

SUBJECT: Fore Property Development Agreement Amendment; Planning and Zoning (PZ) Permit No. 24-670-01. (15 minutes)

RECOMMENDATION

That the City Council:

1. Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) and Section 15378(b)(5); and

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/3WoS0In9cIQ

BACKGROUND

EXECUTIVE SUMMARY

The Applicant has requested a modification to Development Agreement No. A-7113 to remove Section 5, which has now become irrelevant since the approval of the second Development Agreement Amendment (DAA). This section, proposed to be removed, required the maintenance of a service road that was to be transferred to the City of Oxnard from Caltrans.

However, Caltrans decided not to move forward with the relinquishment of the roadway, thus the subject section is no longer required.

The project was revised to make way for the new access road onsite by compressing the building footprint. The revised access road was reviewed and approved by both the Fire Department and Environmental Resources Division of Public Works. The compressed building still maintained the proposed 333 units and was generally the same in nature, however, the footprint was slightly smaller. This development agreement amendment now follows the approved modification to remove the irrelevant language concerning the acquisition of the Caltrans road from the Development Agreement.

The Planning Commission recommended approval of the DAA, with a vote of 6-0, at their March 21, 2024.

BACKGROUND

The origins of this action begin with the original Fore Development Agreement, which stems from the fact that the two vacant parcels that the aforementioned agreement covers, were outside of the original RiverPark Development Agreement. Thus, this agreement puts these two parcels on par with the parcels governed by the original RiverPark Development Agreement. The two parcels contain the current construction of the Fore RiverPark Apartment project, which is a fully approved 333 unit residential apartment building, including onsite amenities and a wrapped parking 263
garage. The project under PZ 19-200-16, which was separate from the development agreement, was approved by the Planning Commission on July 21, 2022.

The history of the development agreement itself starts on November 18, 2008, when the City Council adopted Ordinance No. 2787, approving Planning and Zoning Permit No. 08-670-03 (Development Agreement No. A-7113) between the owners of the Project site and the City of Oxnard. The Development Agreement has been amended on two previous occasions.

1. The first amendment was adopted on November 9, 2010, and was related to development fees within the RiverPark Specific Plan (RPSP) area.

2. The Second Amendment was adopted on April 5, 2022, and was intended to provide a net public benefit by providing more affordable housing, promoting the full buildout of the RiverPark Specific Plan, additional tax revenue, and relieving the City from certain road maintenance requirements. In return, the developer wanted to reduce the financial impacts of increased and new development impact fees on the project and therefore, received a fee lock and waiver of new fee increases as well as fee credits for improvement costs associated with construction of bicycle and pedestrian facilities and art provided on site.

The proposed DAA would be the third Amendment to Development Agreement A-7113 between the City and the applicant, RiverPark Apartments Owner, LLC.

ANALYSIS AND DISCUSSION

The reasoning behind this third amendment request is to remove Section 5, which has now become irrelevant since the approval of the second DAA. This section proposed to be removed concerns the maintenance of a service road that was to be transferred to the City of Oxnard from Caltrans. However, Caltrans decided not to move forward with the relinquishment of the roadway. The road was to provide access to the southwest portion of the property and was primarily to be used as emergency access for the Fire Department and access for Environmental Resources refuse trucks. The section was added as part of the prior development agreement amendment to solidify that a maintenance agreement would be made with the city following the acquisition making the developer of Fore Apartments financially responsible for upkeep of the road.

The acquisition of the access road was halted when the matter was sent up to the state entity of Caltrans, who disapproved the conveyance to the City of Oxnard.

Due to the unexpected cancellation of the acquisition, the Fore Apartment project, which was already approved with the anticipated road access, had to submit for a minor modification to address the access road issue that was created. To make way for a new access road, the proposed building footprint was compressed. The modification was approved on July 18th, 2023 by the Planning and Environmental Services Manager for a revised building layout and a new access roadway that wrapped around the proposed building. The revised access road was reviewed and approved by both the Fire Department and Environmental Resources Division of Public Works. The compressed building still maintained the proposed 333 units and was generally the same in nature, however, the footprint was slightly smaller. The most significant changes to the compressed footprint were a loss of 25 bedrooms and a minor increase in the height of the parking structure. With these changes, the access road issue was resolved. This development agreement amendment now follows the approved modification to remove the irrelevant language concerning the acquisition of the Caltrans road from the Development Agreement.

General Plan Consistency

The City’s 2030 General Plan land use designation for the subject site is Commercial Regional (CR) with corresponding land use designations to support development of the approved RPSP. The removal of Section 5 off the DAA will not result in the development being in conflict with the General Plan land use, goals and policies as the development has addressed the access road issue through an approved minor modification.

Environmental Determination

Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq., “CEQA”) and the 264
regulations promulgated thereunder (14 California Code of Regulations Sections 15000 et seq., the “CEQA Guidelines”), the request proposes no development and does not constitute a project. Therefore, it can be seen with certainty that there is no possibility that this amendment to the development agreement, located at 2700 and 2750 North Ventura Road, would have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3) and Section 15378(b)(5)).

Staff recommends that the Planning Commission accept a Notice of Exemption attached to the staff report. Any subsequent improvement to the property will be separately examined in accordance with CEQA.

The prior approved development was approved in accordance with the California Environmental Quality Act (CEQA), as an environmental impact report (EIR No. 00-03) was prepared to analyze potential impacts associated with the approval and implementation of the RPSP and the anticipated build out of the 701-acre specific plan area. On July 16, 2002, the City Council adopted Resolution No. 12,209, upholding the Planning Commission’s decision certifying the Final EIR (State Clearinghouse No. 2000051046), and adopting Findings of Fact, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. The approved project is subject to all Mitigation measures identified in FEIR No. 00-03 and subsequent addendums which are relevant. Since certification of FEIR No. 00-03 and approval of the subsequent addendums, there have been no substantial changes proposed for the RiverPark project, no substantial changes have occurred under which the RiverPark project is being undertaken, and no new information of substantial importance to the RiverPark project has become available. As the current development is consistent with the development anticipated under the RPSP, there are no changes or additions to FEIR No. 00-03 including the subsequent addendums. Therefore, no additional environmental review is required pursuant to Public Resources Code Section 21166 and Sections 15162 through 15164 and 15183 of the State CEQA Guidelines.

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

There is no fiscal impact associated with the proposed Development Agreement Amendment.

COMMITTEE OUTCOME

This is a Public Hearing and was reviewed by the Planning Commission, therefore this item did not originate in Committee. The Planning Commission meeting can be viewed online at the following link:

March 21, 2024 - https://www.youtube.com/watch?v=uPn1F9RhG5k

The final motion carried 6 (in favor) - 0 (against), with one commissioner absent.

Prepared by: Daniel Houck, Associate Planner

ATTACHMENTS

1. Planning Commission Staff Report (3_21_2024) and Signed Resolution

2. Draft Third Development Agreement Amendment

3. Second Development Agreement Amendment

4. Notice of Exemption

5. Ordinance Fore Property Development Agmt

6. Staff Presentation

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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Oxnard
305 West Third Street
Oxnard, California 93030
Attn: City Clerk

SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

THIRD AMENDMENT TO DEVELOPMENT AGREEMENT

THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (the “Third Amendment”) is made in Ventura County, California as of ___________________, 2024, by and between the CITY OF OXNARD, a municipal corporation of the State of California (the “City”) and RIVERPARK APARTMENTS OWNER, LLC, a Delaware limited liability company (“Developer”).

RECITALS
A. Developer is the successor in interest to the owner of that certain real property located in the City and more particularly described in Exhibit 1 attached hereto (“Property”). The Property is located within the boundaries of the City’s RiverPark Specific Plan.

B. The City and the prior owner of the Property entered into that certain Development Agreement dated as of November 18, 2008, and which was recorded against the Property on December 1, 2008, as Instrument No. 20081201-00172496-0 in the Ventura County Recorder’s Office and re-recorded against the Property on December 17, 2008, as Instrument No. 20081217-00180417-0 in the Ventura County Recorder’s Office (the “Original Development Agreement”), as amended by that certain First Amendment to Development Agreement dated as of November 9, 2010, and recorded against the Property on January 6, 2011, as Instrument No. 20110106-00003776-0 in the Ventura County Recorder’s Office (the “First Amendment to Development Agreement”), as amended by that certain Second Amendment to Development Agreement dated as of September 6, 2022, and recorded against the Property on September 21, 2022, as Instrument No. 2022000094753 in the Ventura County Recorder’s Office (the “Second Amendment to Development Agreement”). The Original Development Agreement, as amended by the First Amendment to Development Agreement, Second Amendment to Development Agreement and Third Amendment, are collectively referred to as the “Development Agreement.” 287

2 C. This Third Amendment solely relates to the Property and no other real property located within the RiverPark Specific Plan.

D. On ___________________, 2024, the Planning Commission held a duly noticed public hearing wherein the Planning Commission reviewed this Third Amendment.

E. On ___________________, 2024, the City Council held a duly noticed public hearing on this Third Amendment in accordance with Government Code Section 65868.

F. The City Council has given notice of its intention to consider this Third Amendment, has conducted a public hearing thereon pursuant to the relevant portions of the Government Code, and has found that the provisions of this Third Amendment are consistent with the City’s General Plan, City zoning ordinances, and the RiverPark Specific Plan, as amended.

The City Council has also specifically considered the impacts and benefits of this Third Amendment upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Third Amendment is beneficial to the residents of the City and is consistent with the present public health, safety and welfare needs of the residents of the City and the surrounding region.

NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this Third Amendment by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Developer agree as follows:

Section 1. Deletion of Section 5 of the Second Amendment to Development Agreement.

Section 5 of the Second Amendment to the Development Agreement relating to a maintenance agreement for an access road as it relates to the Property is hereby deleted in its entirety.

Section 2. Miscellaneous Provisions.
(a) Entire Agreement. Except for the Development Agreement, which this Third Amendment amends, this Third Amendment represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Third Amendment.
(b) Section Headings. The section headings contained in this Third Amendment are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
(c) Counterparts. This Third Amendment may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document. 288

3 (d) Waiver. No waiver of any provision of this Third Amendment shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
(e) Severability. If any part of this Third Amendment is declared invalid for any reason, such invalidity shall not affect the validity of the remainder of the Third Amendment or the Development Agreement which it amends. The other parts of this Third Amendment and the Development Agreement which it amends shall remain in effect as if this Third Amendment had been executed without the invalid part. The parties intend and desire that the remaining parts of this Third Amendment and the Development Agreement which it amends continue to be effective without any part or parts that have been declared invalid. If, for any reason, the Third Amendment does not take effect, then the provisions of the Development Agreement shall remain in full force and binding upon the parties to the Development Agreement. (f) No Reliance on Other Parties. All parties to this Third Amendment declare that, prior to the execution of this Third Amendment, they have informed themselves of sufficient relevant data, either through experts or other sources of their own selection, and have sought and obtained legal counsel, in order that they might intelligently exercise their own judgment in evaluating the contents of this Third Amendment and making the decision to execute it. The parties each represent and acknowledge that in executing this Third Amendment, they do not rely and have not relied upon any representation or statement not set forth herein made by any other party to this Third Amendment or their respective legal counsel with regard to the subject matter, basis or effect of this Third Amendment.
(g) Construction. The provisions of this Third Amendment shall be liberally construed to effectuate its purpose. The language of this Third Amendment shall be construed according to its plain meaning and shall not be construed for or against any party, as each party has participated in the drafting of this Third Amendment and has had its legal counsel review it.

Whenever the context and construction so require, all words used in the singular shall be deemed to be used in the plural and vice versa.
(h) Successors and Assigns. This Third Amendment shall be binding on and shall inure to the benefit of the parties and their respective legal representatives, successors and assigns.
(i) Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment, with venue for any legal action lying in a court of competent jurisdiction in the County of Ventura, State of California without giving effect to the principles of conflict of laws.
(j) Authorizations. Each party certifies and warrants that all individuals executing this Third Amendment and other related documents on its behalf have the capacity and have been duly authorized to do so. Each party shall also indemnify the other parties to this Third Amendment and hold them harmless from any and all damages, costs, attorneys’ fees, and other expenses, if a signatory is not so authorized.
289

4 (k) Indemnification. The Developer agrees, as a condition of approval of this Third Amendment, to indemnify, defend and hold harmless at the Developer’s sole expense, the City, the City Council, and the City’s agents, officers and employees from and against any claim, action or proceeding commenced within the applicable time period, to attack, review, set aside, void or annul the approval of this Third Amendment. The City shall promptly notify the Developer of any such claim, action or proceeding of which the City receives notice, and the City will cooperate fully with the Developer in the defense thereof. The Developer shall reimburse the City for any court costs and reasonable attorneys’ fees which the City may be required to pay as a result of any such claim, action or proceeding. The City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve the Developer of the obligations of this subsection. (l) Definitions. All terms not specifically defined in this Third Amendment shall have the meanings ascribed to them in the Development Agreement. (m) Impact of Third Amendment on Development Agreement. Unless otherwise specifically amended by this Third Amendment, all provisions of the Development Agreement shall remain in full force.
(n) Recordation of this Third Amendment. Pursuant to Government Code Section 65868.5, the City Clerk shall record a copy of this Third Amendment with the Ventura County Recorder’s Office within ten (10) days after the mutual execution of this Third Amendment. (o) Effective Date. After this Third Amendment has been signed by authorized representatives of each of the parties hereto, this Third Amendment shall become effective on which the ordinance approving this Third Amendment becomes operative under Government Code Section 36937.

Oxnard City CouncilMay 7, 2024

Oxnard City Council
May 7, 2024