SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF POMONA AND STANTEC CONSULTING SERVICES, INC.
This second amendment to the agreement (SECOND AMENDMENT) is entered into by and between the City of Pomona (CITY), and Stantec Consulting Services, Inc. (CONSULTANT), hereinafter referred to as “PARTIES”.
RECITALS
WHEREAS, on June 1, 2020, the City Council approved a Professional Services Agreement (AGREEMENT) with CONSULTANT in the amount of $656,681 to provide professional engineering services for the implementation of the Coordinated Integrated Monitoring Program on behalf of the East San Gabriel Valley Watershed Management Group (Management Group); WHEREAS, since the signing of the AGREEMENT the Los Angeles County Flood Control District (DISTRICT) approved funding of a scientific study of infiltration rates throughout the area encompassed by the cities within the Management Group. To complete this study, Amendment No. 1 was approved by City Council on January 4, 2021, increasing the total AGREEMENT amount to $1,041,681; WHEREAS, the PARTIES wish to again amend the AGREEMENT to continue the required Regional Board monitoring and reporting activities, and for the installation of monitoring equipment and a special nutrient study, and to increase the total compensation to $2,181,201.70; WHEREAS, pursuant to Section 3.6.14, AGREEMENT shall be amended in writing executed by both Parties; and NOW, THEREFORE, the PARTIES hereby agree as follows:
Section 3.1.2 “Term” is hereby replaced in its entirety to read as follows:
“3.1.2 Term. The term of this Agreement shall be from July 1, 2020 to June 30, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.” Section 3.3.1 “Compensation” is hereby replaced in its entirety to read as follows:
“3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C-2" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Million, One Hundred Eight-One Thousand, One-Hundred and One Dollars, and Seventy Cents ($2,181,101.70) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.” Exhibit “A-1” “Scope of Work” is hereby replaced in its entirety with Exhibit A-2, which is attached hereto and incorporated herein by this reference.
Exhibit “B-1” “Schedule of Services” is hereby replaced in its entirety with Exhibit B-2, which is attached hereto and incorporated herein by this reference.
Exhibit “C-1” “Compensation” is hereby replaced in its entirety with Exhibit C-2, which is attached hereto and incorporated herein by this reference.
Except as otherwise specifically provided herein, all other provisions of the AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, this SECOND AMENDMENT is signed by the PARTIES hereto on the date(s) indicated below.
STANTEC CONSULTING SERVICES, INC.
Signature: ____________________________________ Date: _________________ Printed Name: Ed Othmer, Jr.
Title: Vice President
CITY OF POMONA
________________________________ Date: ___________________ James W. Makshanoff, City Manager
ATTEST: APPROVE AS TO FORM:
_______________________________ __________________________________ Rosalia M. Butler, MMC, City Clerk Best Best & Krieger, City Attorney EXHIBIT A-2
SCOPE OF SERVICES
Consultant shall perform this Scope of Services for implementation of the Coordinated Integrated Monitoring Program (CIMP or "Program"). The services are based on the documents submitted on behalf the East San Gabriel Valley Watershed Management Group (ESGVWMG or "Group" representing the cities of Claremont, La Verne, Pomona and San Dimas) to meet the requirements of the 2021 National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit (MS4 Permit) and future issuance of MS4 Permits.
The Scope of Services consists of tasks listed below.
FY 2020-2021 – Scope Completed
Task 1 – Project Management
Consultant shall provide project and task management throughout the duration of the project. Consultant shall report to the City of Pomona as the lead agency for the group. Consultant will also coordinate with sub-consultants Larry Walker Associates and BL Hall through the duration of this project. The task consists of the following items.
Consultant shall conduct one kick-off meeting with the City of Pomona, one internal field kick off meeting, one presentation for the Annual Report, and up to 12 project status meetings. Key group members will participate in the kick-off meeting.
Consultant shall prepare PowerPoint slideshows and conduct presentations of the Annual Report at the ESGVWMG meeting, discussing the state of the watershed.
Consultant shall draft a revised Health and Safety Plan (HSP) and distribute pdf copies of the HSP internally prior to the start of field work.
Task 2 - CIMP Implementation
Implementation of the GIMP allows for a holistic evaluation of the impacts from MS4 discharges and informed recommendations. The GIMP implementation for the ESGVWMG monitoring consists of the following sub-tasks:
Equipment Purchase, Permitting, Installation, and Monthly Inspection; Receiving Water and Stormwater Outfall Monitoring;
Data Management and Reporting
Task 2.1 - Permitting of Autosampler Equipment
Consultant shall continue efforts to obtain the Section 404 Permit, Section 408 Permit and RWQCB 401 Water Quality Certification, which are necessary to install monitoring and sampling equipment from receiving water and outfall monitoring locations in the future. Consultant shall purchase the monitoring equipment necessary for this project. This equipment will consist of Teflon tubing and batteries. It is anticipated that installation of the autosampler equipment will occur under a future agreement.
Task 2.2 - Receiving Water and Stormwater Outfall Monitoring Consultant shall collect stormwater data for constituents specified in the CIMP at three receiving water monitoring sites and three stormwater outfalls. Table 1 below summarizes the anticipated schedule of the monitoring activities for the receiving water and stormwater outfall locations. Criteria contained within the CIMP regarding conditions for qualifying wet weather and dry weather monitoring events will be followed. Collected samples will be transferred to laboratories certified by the State of California to perform the required chemical, bacteriological indicator, and toxicity analyses. Selected laboratories will meet the approved/modified detection and reporting limits specified in the CIMP and MS4 Permit.
Consultant assumes that toxicity will not be exceeded and no Toxicity Identification Evaluations (Tl Es) will need to be conducted. If a TIE is required, then Consultant shall work with the City of Pomona to evaluate the next steps.
Consultant shall communicate to the City of Pomona prior to the precipitation event and upon mobilization of sampling team. The notification shall specify:
Anticipated start time and date of the monitoring event; Anticipated highest total amount of rain during any given 24-hour period during the event; Probability of the precipitation; Source(s) of weather prediction;
Name and cell phone number of Consultant's monitoring event coordinator Field leads will be present during the wet-weather events to provide equipment trouble shooting md guidance to the monitoring teams during the collection of stormwater samples.
Task 2.3 - Data Management and Reporting
Consultant shall analyze stormwater data for constituents specified in the CIMP at three receiving water-monitoring sites and three stormwater outfalls. (Consultant will have separate individuals perform the data collection and data evaluation in order to maintain an unbiased QA/QC review.) Consultant shall utilize developed templates and data processing tools that efficiently receive electronic data from laboratories, identify out-of-range results, perform data qualification, and export data to a State Water Resources Control Board Surface Water Ambient Monitoring Program (SWAMP) compatible format.
Post-event Monitoring Reports
For each monitoring event, Consultant shall provide Post-event Monitoring Reports within three weeks following receipt of laboratory monitoring data that have been quality checked and validated. Post-event monitoring reports will consist of:
Summary of the monitoring event,
Copies of field logs;
Analytical data;
Flow and rainfall data
Hydrographs and hyetographs;
Photo documentation; and
Field forms and documentation photos.
Semi-Annual and Annual Report
Consultant shall provide a Semi-Annual report for the 2020/21 monitoring season, as well as a draft and final Annual Report for the 2019/2020 monitoring season. The Semi-Annual report consists of raw data from the year-to-date monitoring events. The draft and final Annual Report compile the full year of data and provide a summary of the monitoring events. Additionally, to support adaptive management, the draft and final Annual Report will compare observed runoff volumes and pollutant concentrations to those predicted by the ESGV RAA model. Recommendations for capital projects and observations based on over- or under-predicted volumes/concentrations will be provided, including whether zinc exceedances are as frequent as predicted during RAA development.
The Semi-Annual report shall be submitted electronically in excel format. The draft Annual report shall be submitted electronically in word and PDF format. The final Annual report will be prepared within three weeks of receipt of a single compiled set of draft report comments. The final Annual Report shall be delivered as a PDF format on a CD for submittal to the Regional Water Quality Control Board (RWQCB). Cities shall provide individual forms prior to Consultant completing a watershed form.
Task 3 - Special Study at Live Oaks Wash
The Live Oaks Wash compliance site (LOW) near Pudding Stone Reservoir is a TMDL Long Term Assessment Site. The compliance monitoring site is located downstream of the confluence of three open channel systems, named Puddingstone Channel, Marshall Canyon Channel, and Live Oak Wash.
Consultant shall complete one additional year of this special study to assess the constituents of concern (metals, nutrients, bacteria) within each discrete channel system. Table 2 provides the anticipated schedule of monitoring activities for this special study. Stormwater samples will be transferred to laboratories certified by the State of California to perform the required chemical, bacteriological indicator, and toxicity analyses. Selected laboratories will meet the approved/modified detection and reporting limits identified in the CIMP and MS4 Permit. Samples will be collected concurrently with sampling collection activities described in Task 2.2. This data will not be reported to the RWQCB as it is for research purposes and separate from the compliance monitoring. The deliverable of the special study will be a draft and final Technical Memo in PDF and word format that summarizes the findings over the 2019/20 and 2020/21 study period.
Task 4 - Watershed Management Program Update
The existing WMP has not been substantially updated since July 2015. Consultant shall update the WMP through an adaptive management process considering the following:
1. Progress toward achieving interim and/or final water quality-based effluent limitations and/or receiving water limitations in Part VI.E and Attachments L through R of the Permit, according to established compliance schedules; 2) Progress toward achieving improved water quality in MS4 discharges and achieving receiving water limitations through implementation of the watershed control measures based on an evaluation of outfall-based monitoring data and receiving water monitoring data; 3) Achievement of interim milestones; (4) Re-evaluation of the water quality priorities identified for the WMA based on more recent water quality data for discharges from the MS4 and the receiving waters and a reassessment of sources of pollutants in MS4 discharges; 4) Availability of new information and data from sources other than ESGV Watershed Management Group's monitoring program that informs the effectiveness of the actions implemented by the Group; 5) Regional Water Board recommendations; and
Recommendations for modifications to the WMP solicited through a public participation process.
Based on the results of the adaptive management process, Consultant shall develop any modifications, including where appropriate new compliance deadlines and interim milestones, with the exception of those compliance deadlines established in a TMDL, necessary to improve the effectiveness of the WMP in the Annual Report.
Consultant shall also update the WMP according to the subtasks below to reflect the current understanding of the watershed by addressing the State Water Resources Control Board (SWRCB) concerns. These concerns were detailed in the Draft Order - Review of Approval of Watershed Management Programs and an Enhanced Watershed Management Program Submitted Pursuant to Los Angeles Regional Water Quality Control Board Order R4-2012-0175. The WMP will also be revised to incorporate the results of the 2019 Six Basins Stormwater Capture Feasibility Study.
Water Quality Identification and Prioritization
Consultant shall confirm current water quality conditions identified in the existing WMP against the data collected as part of the CIMP. This task will serve as the basis for the Group to establish, confirm or deviate from existing planned watershed control measures. Consultant shall also confirm the attainment of interim TMDL milestones as a part of this review. Consultant shall then complete a source assessment to identify MS4 and non-MS4 pollutant sources. The source assessment will address the following two provisions of the Draft 2020 MS4 Permit:
Special studies conducted pursuant the Permittee(s) monitoring and reporting program or TMDLs; and Locations of the Permittees' MS4s, including, at a minimum, all MS4 major outfalls and major structural controls for storm water and non-storm water that discharge to receiving waters.
Results from the source assessment will then be used to determine what sources are likely causing or contributing to the observed exceedances in Receiving Water Limitations. Consultant shall then develop a table that organizes pollutants by fate and transport characteristics into pollutant-waterbody combinations (PWBCs). The PWBCs will then be further organized by addressability by similar control measures and schedules.
The results of this task will be summarized in two (2) technical memoranda for the Group's comments and approval:
New Development and Re-Development Effectiveness Tracking Consultant shall gather and compile information on existing systems used by the Group to track New Development and Re-Development activities and associated post-construction BMPs. Consultant shall identify missing information considered to be essential to measuring the compliance credit to be claimed by project implementing low impact development. Consultant shall provide the Group with recommendations to standardize effectiveness tracking and to centralize data collection with reliable systems. The deliverable for this task will be a template to summarize existing tracking processes and summarized information in the templatized form based upon the individual watershed forms provided to date.
Reasonable Assurance Analysis (RAA)
The RAA is the compliance mechanism to meet the Water Quality-Based Effluent Limits (WQBELs) and Receiving Water Limitations (RWLs) provisions of the MS4 Permit. Consultant shall update the RAA applying the Watershed Management Modeling System (WMMS) developed by the County of LA.
Consultant shall update the WMMS model by:
Updating meteorological data (85%-24-hr Design Storm)
Updating land use information
Updating impervious area information
Updating the jurisdiction-based load reduction goals
Recalibrating model based upon observed GIMP data (2015-2019) Inputting identified regional BMPs
Consultant shall then utilize WMMS to determine the volume of stormwater needed to be captured/treated within each sub-watershed in each jurisdiction to achieve zinc, E coli, and nitrogen load reduction goals. It is assumed that zinc, E. coli, and nitrogen are the limiting pollutants in the watershed. A reduction in the limiting pollutant will correspond to a reduction is pollutants with similar fate and transport. Based upon collected monitoring data, required volume of stormwater captured from previous iterations on the WMP may be reduced based upon the GIMP collected monitoring data.
Once the volume capture requirement is established, Consultant shall establish shortfalls for compliance with stormwater capture goals (i.e., sub-watersheds with not enough or no planned projects). The group can utilize Consultant to develop projects as a part of Task 5 of this proposal in order to address shortfalls. Consultant shall also prepare a list of "unit BMPs" in order to gain capture credit. The presented "unit BMPs" will provide each Member Agency with flexibility for determining which of the BMPs to implement in its jurisdiction. A "unit BMP" is defined as a cost per capture volume of water for a particular design scenario. For example, a unit Regional BMP will capture/treat 1 AF of stormwater for a unit cost. This will allow the group to estimate implementation costs while not designing specific projects.
Develop Watershed Management Program (WMP) Schedules and Cost Estimates Following the update of the RM , Consultant shall develop a schedule. The schedule will detail the timeline from WMP approval to the end of the MS4 Permit term. Beyond the permit term, the schedule will detail a higher-level, longer-term attainment of final compliance. The MS4 Permit requires detailed BMP schedules for the years within the MS4 Permit term. Therefore, Consultant, in conjunction with the Group, will prepare language that details clear directives as to which components constitute definite, enforceable benchmarks for inclusion in the WMP. The schedule will consider assessment of the Group's funding forecasts.
The deliverable for this task will be a Technical Memorandum providing compliance schedule, numeric interim water quality objectives from the MS4 Permit, cost estimates and implementation schedule.
Preparation of Watershed Management Program
After the completion of the RM update and Schedule, Consultant shall review the prioritization and sequencing of management actions in concert with the Group in a focused meeting. Based upon the results of the meeting and previous Task 4 deliverables, Consultant shall provide a Draft and Final WMP document for submittal to the RWQCB.
Task 5 – SCW Project Development/Submittal
Consultant shall complete the conceptual design and submittal of up to 5 feasibility studies to the Safe Clean Water Program for regional funding, as directed by Group. The feasibility studies will meet the minimum feasibility requirements outlined within the Safe Clean Water Program, and will consist of:
1) A detailed description of the proposed project.
2) If the project is located within a Disadvantaged Community (DAC), a summary of how the project will benefit that DAC and a discussion of measures on displacement avoidance. 3) An engineering analysis of the proposed project, including site conditions, design schematic, capture area, 24-hour storm capacity, and event-based design details. Figures will be prepared to show the design schematic, land use within the capture area, and site conditions. Conceptual approval from LA County Flood Control District (LACFCD) will be provided if the project involves LACFCD infrastructure, facilities, or right-of-way. 4) A lifecycle cost estimate, including capital and annual costs. 5) An estimated schedule to design, obtain permits, construct, operate and maintain the project. 6) A monitoring plan to measure the effectiveness of the proposed project once completed, including metrics specific to the identified benefits.
A plan for how operations and maintenance of the project will be carried out. An initial letter of support from the Municipality in which the project is proposed will be provided to show concurrence with the plan for operations and maintenance. 8) A water supply analysis, including benefit magnitude and cost effectiveness. 9) A summary of community investment benefits.
10) A description of how nature-based solutions are utilized to the maximum extent feasible, or if not used, a description of what options for nature-based solutions were considered and why they were not feasible. 11) A summary of the other sources of funding that are being leveraged for project costs (if applicable), or if no other sources of funding are being utilized, a summary of what other sources of funding were explored and/or why funding could not be secured through these other sources. 12) An acknowledgment that eligible expenditures are only those incurred on or after November 6, 2018.
13) A summary of local support for the project, including any outreach/engagement to solicit, address, and incorporate stakeholder input, which should also address any issues related to displacement and gentrification. 14) An assessment of potential CEQA-related and permitting challenges and associated time requirements and costs.
15) A plan to incorporate vector minimization into the project design, operations, and maintenance. 16) A description of alternatives that were considered and evaluated as part of the project development.
17) A review of the effectiveness of similar types of projects already constructed, when available. 18) A summary of any legal requirements or obligations that may arise as a result of constructing the project, and how those requirements will be satisfied.
Task 6 – Infiltration Study - Completed
Study Description:
The East San Gabriel Valley Watershed Management Group (Management Group), which consists of the cities of Pomona, La Verne, San Dimas, and Claremont, has identified effective infiltration rates from USGS Soil Maps for nine regional watershed management projects. In the interest of prioritization of the projects, the Management Group is proposing a regional scientific study to identify field measured infiltration rates utilizing standard methods of practice for the nine identified sites, plus six sites that are not yet identified. Understanding infiltration rates will allow the Management Group to optimize project design and prioritize project implementation.
FY2021-2022 – Completed
Task 1 - Project Management
Consultant shall provide project and task management throughout the duration of the project. Consultant shall report to the City of Pomona as the lead agency, and the Group. Consultant will also coordinate with sub-consultants Larry Walker Associates and BL Hall through the duration of this project. The task consists of the following items.
Consultant shall conduct one kick-off meeting with the Group, one internal field kick off meeting, one presentation for the Annual Report, and up to 12 project status meetings. Agendas will be sent to Group at least one week in advance of meeting.
Consultant shall prepare PowerPoint slideshows and conduct presentations of the Annual Report at the ESGVWMG meeting, discussing the state of the watershed.
Consultant shall draft a revised Health and Safety Plan (HSP) and distribute pdf copies of the HSP internally prior to the start of field work.
Task 2 - CIMP Implementation
Implementation of the CIMP allows for a holistic evaluation of the impacts from MS4 discharges and informed recommendations. The CIMP implementation for the ESGVWMG monitoring consists of the following sub-tasks:
Permitting of Autosampler Equipment
Receiving Water and Stormwater Outfall Monitoring
Data Management and Reporting
Task 2.1 - Permitting of Autosampler Equipment
Consultant shall continue efforts to obtain the Section 404 Permit, Section 408 Permit and RWQCB 401 Water Quality Certification, which are necessary to install monitoring and sampling equipment from receiving water and outfall monitoring locations in the future. Consultant shall purchase the monitoring equipment necessary for this project. This equipment will consist of Teflon tubing and batteries. It is anticipated that installation of the autosampler equipment will occur under a future agreement.
Task 2.2 - Receiving Water and Stormwater Outfall Monitoring Consultant shall collect stormwater data for constituents specified in the CIMP at three receiving water monitoring sites and three stormwater outfalls. Table 1 below summarizes the anticipated schedule of the monitoring activities for the receiving water and stormwater outfall locations. Criteria contained within the CIMP regarding conditions for qualifying wet weather and dry weather monitoring events will be followed. Collected samples will be transferred to laboratories certified by the State of California to perform the required chemical, bacteriological indicator, and toxicity analyses. Selected laboratories will meet the approved/modified detection and reporting limits specified in the CIMP and MS4 Permit.
Consultant assumes that toxicity will not be exceeded, and no Toxicity Identification Evaluations (TlEs) will need to be conducted. If a TIE is required, then Consultant shall work with the Group to evaluate the next steps.
Consultant shall communicate to the Group prior to the precipitation event and upon mobilization of sampling team. The notification shall specify:
Anticipated start time and date of the monitoring event.
Anticipated highest total amount of rain during any given 24-hour period during the event.
Probability of the precipitation.
Source(s) of weather prediction.
Name and cell phone number of Consultant's monitoring event coordinator.
Field leads will be present during the wet-weather events to provide equipment trouble shooting and guidance to the monitoring teams during the collection of stormwater samples.
Task 2.3 - Data Management and Reporting
Consultant shall analyze stormwater data for constituents specified in the CIMP at three receiving water monitoring sites and three stormwater outfalls. (Consultant will have separate individuals perform the data collection and data evaluation to maintain an unbiased QA/QC review.) Consultant shall utilize developed templates and data processing tools that efficiently receive electronic data from laboratories, identify out-of-range results, perform data qualification, and export data to a State Water Resources Control Board Surface Water Ambient Monitoring Program (SWAMP) compatible format.
Post-event Monitoring Reports
For each monitoring event, Consultant shall provide Post-event Monitoring Reports within three weeks following receipt of laboratory monitoring data that have been quality checked and validated. Post-event monitoring reports will consist of:
Summary of the monitoring event
Copies of field logs
Analytical data
Flow and rainfall data
Hydrographs and hyetographs
Photo documentation; and
Field forms and documentation photos
Semi-Annual and Annual Report
Consultant shall provide a Semi-Annual report for the 2020/21 monitoring season, as well as a draft and final Annual Report for the 2019/2020 monitoring season. The Semi-Annual report consists of raw data from the year-to-date monitoring events. The draft and final Annual Report compile the full year of data and provide a summary of the monitoring events. Additionally, to support adaptive management, the draft and final Annual Report will compare observed runoff volumes and pollutant concentrations to those predicted by the ESGV RAA model. Recommendations for capital projects and observations based on over- or under-predicted volumes/concentrations will be provided, including whether zinc exceedances are as frequent as predicted during RAA development.
The Semi-Annual report shall be submitted electronically in excel format. The draft Annual report shall be submitted electronically in word and PDF format. The final Annual report will be prepared within three weeks of receipt of a single compiled set of draft report comments. The final Annual Report shall be delivered as a PDF format on a CD for submittal to the Regional Water Quality Control Board (RWQCB). Cities shall provide individual forms prior to Consultant completing a watershed form.
Task 3 – As-Needed Tasks
This as needed tasks budget will account for items not specially mentioned in this scope of work that may arise from external regulatory agencies. This task amount is assumed to be approximately 10% of the overall project amount. Tasks will be authorized by the WMG on an as-needed basis but may include the following:
Letter responses or meetings to the RWQCB on an as-needed basis Letter responses or meetings to the SWRCB on an as-needed basis Presentations to City Councils or Stakeholders
Attendance at SGVCOG Functions
Additional project designs or clarifications on past project submittals False storm events
Other items not listed above
Task 4 - Watershed Management Program Maintenance
Tracking New Development and Re-Development
Consultant will track and update the WRAMPS module on input from the cities.
Meetings with the RWQCB
Consultant shall attend up to three meetings with the RWQCB concerning the update to the WMP. Key group members will participate in the kick-off meeting. Anticipated meeting topics include (1) non-TMDL interim water capture milestones, (2) cost and schedule of project implementation, and (3) RAA review.
Consultant shall prepare PowerPoint slideshows and conduct presentations of the aforementioned meetings if requested.
Letters to SWRCB
Consultant will respond to comments to the SWRCB OCC Files A-2386, A-2477, and A-2508 based on the revised June 30, 2021 WMP. Consultant assumes up to 3 response letters may be required.
Consultant will prepare material and present that general and high-level state of the watershed to each city council for a total of (4) meetings, if needed.
Maintenance and Adaptive Management of Watershed Management Program (WMP) Schedules and Cost Estimates Consultant shall maintain a schedule that details the timeline from WMP approval to the end of the MS4 Permit term. Beyond the permit term, the schedule will detail a higher-level, longer-term attainment of final compliance. The MS4 Permit requires detailed BMP schedules for the years within the MS4 Permit term. Therefore, Consultant, in conjunction with the Group, will prepare language that details clear directives as to which components constitute definite, enforceable benchmarks and track progress against those benchmarks. The schedule will consider assessment of the Group's funding forecasts based on SCWP Projections.
The deliverable for this task will be a Technical Memorandum providing compliance schedule, numeric interim water quality objectives from the MS4 Permit, cost estimates and implementation schedule.
Task 5 - SCW Project Development/Submittal
Consultant shall complete the conceptual design and submittal of up to four (4) feasibility studies to the Safe Clean Water Program for regional funding, as directed by Group. It is assumed that one (1) project will be submitted per City. The feasibility studies will meet the minimum feasibility requirements outlined within the Safe Clean Water Program, and will consist of:
A detailed description of the proposed project.
If the project is located within a Disadvantaged Community (DAC), a summary of how the project will benefit that DAC and a discussion of measures on displacement avoidance.
An engineering analysis of the proposed project, including site conditions, design schematic, capture area, 24-hour storm capacity, and event-based design details. Figures will be prepared to show the design schematic, land use within the capture area, and site conditions. Conceptual approval from LA County Flood Control District (LACFCD) will be provided if the project involves LACFCD infrastructure, facilities, or right-of-way.
A lifecycle cost estimate, including capital and annual costs.
An estimated schedule to design, obtain permits, construct, operate and maintain the project.
A monitoring plan to measure the effectiveness of the proposed project once completed, including metrics specific to the identified benefits.
A plan for how operations and maintenance of the project will be carried out. An initial letter of support from the Municipality in which the project is proposed will be provided to show concurrence with the plan for operations and maintenance. A water supply analysis, including benefit magnitude and cost effectiveness.
A summary of community investment benefits.
A description of how nature-based solutions are utilized to the maximum extent feasible, or if not used, a description of what options for nature-based solutions were considered and why they were not feasible.
A summary of the other sources of funding that are being leveraged for project costs (if applicable}, or if no other sources of funding are being utilized, a summary of what other sources of funding were explored and/or why funding could not be secured through these other sources.
An acknowledgment that eligible expenditures are only those incurred on or after November 6, 2018.
A summary of local support for the project, including any outreach/engagement to solicit, address, and incorporate stakeholder input, which should also address any issues related to displacement and gentrification.
An assessment of potential CEQA-related and permitting challenges and associated time requirements and costs.
A plan to incorporate vector minimization into the project design, operations, and maintenance.
A description of alternatives that were considered and evaluated as part of the project development.
A review of the effectiveness of similar types of projects already constructed, when available.
A summary of any legal requirements or obligations that may arise as a result of constructing the project, and how those requirements will be satisfied.
FY 2022-2023 – Not Completed
Task 1 - Project Management
Consultant shall provide project and task management throughout the duration of the project. Consultant shall report to the City of Pomona as the lead agency, and the Group. Consultant will also coordinate with sub-consultants through the duration of this project. The task consists of the following items.
Consultant shall conduct one internal field kick- off meeting and up to 12 project status meetings.
Consultant shall prepare PowerPoint slideshows and conduct presentations for the 12 project status meetings. Agendas will be sent to Group at least one week in advance of meeting.
Consultant shall draft a revised Health and Safety Plan (HSP) and distribute pdf copies of the HSP internally prior to the start of field work.
Attend USGR WASC Meetings to support previously submitted projects to the Safe, Clean Water Program Task 2.2 - CIMP Implementation
Implementation of the CIMP allows for a holistic evaluation of the impacts from MS4 discharges and informed recommendations. The CIMP implementation for the ESGVWMG monitoring consists of the following sub-tasks:
Permitting and Installation of Autosampler Equipment
Receiving Water and Stormwater Outfall Monitoring
Data Management and Reporting
Task 2.1 – Permitting and Installation of Autosampler Equipment Consultant shall continue efforts to obtain the Section 404 Permit, Section 408 Permit, and RWQCB 401 Water Quality Certification, which are necessary to install monitoring and sampling equipment from receiving water and outfall monitoring locations. Consultant shall purchase the monitoring equipment necessary for this project. Once permits are obtained, installation of five (5) autosampler stations will be performed.
Task 2.2 - Receiving Water and Stormwater Outfall Monitoring Per Attachment E, Section III.D.1.e of the 2021 MS4 Permit, the Consultant shall collect stormwater data for constituents at three receiving water-monitoring sites and three stormwater outfalls identified in the Group’s CIMP approved on 9/23/2015. Monitoring requirements pursuant to Order No. R4-2012-0175 (2012 MS4 Permit) will continue to be followed. The receiving water shall be monitored three times per year for wet weather. Parameters to be monitored are noted in the 2012 MS4 Permit’s Attachment E, Section VI.C.d, along with any parameters from Table E-2 of the 2012 MS4 Permit that exceeded the lowest applicable water quality objective. In addition, two rounds of wet weather toxicity testing will be conducted per the 2021 MS4 Permit’s Attachment E, Section IX.H. The receiving water shall also be monitored during the historically driest month and for one additional dry weather event; dry weather sampling for E. coli will occur quarterly. Parameters to be monitored during dry events are noted in Attachment E, Section VI.D.c, along with any parameters from Table E-2 of the 2012 MS4 Permit that exceeded the lowest applicable water quality objective. In addition, one round of dry weather toxicity testing will be conducted per the 2021 MS4 Permit’s Attachment E, Section IX.H. Stormwater outfalls shall be monitored three times per year for wet weather during the same events selected for receiving water monitoring. Parameters to be monitored are noted in the 2012 MS4 Permit’s Attachment E, Section VIII.B.c, along with any parameters from Table E-2 of the 2012 MS4 Permit that exceed the lowest applicable water quality objective for corresponding receiving waters. In addition, two rounds of wet weather toxicity testing will be conducted per the 2021 MS4 Permit’s Attachment E, Section IX.H.
Criteria contained within the CIMP regarding conditions for qualifying wet weather and dry weather monitoring events will be followed. Collected samples will be transferred to laboratories certified by the State of California to perform the required chemical, bacteriological indicator, and toxicity analyses. Selected laboratories will meet the approved/modified detection and reporting limits specified in the CIMP and 2012 MS4 Permit.
Consultant assumes that toxicity will not be exceeded, and no Toxicity Identification Evaluations (TlEs) will need to be conducted. If a TIE is required, then Consultant shall work with the Group to evaluate the next steps.
Consultant assumes that wet weather monitoring will not exceed 12-hours per event.
Consultant shall communicate to the Group prior to the precipitation event and upon mobilization of sampling team. The notification shall specify:
Anticipated start time and date of the monitoring event.
Anticipated highest total amount of rain during any given 24-hour period during the event.
Probability of the precipitation.
Source(s) of weather prediction.
Name and cell phone number of Consultant's monitoring event coordinator.
Field leads will be present during the wet-weather events to provide equipment trouble shooting and guidance to the monitoring teams during the collection of stormwater samples.
Task 2.3 - Data Management and Reporting
Semi-Annual Report
Consultant shall provide a Semi-Annual report for the 2022/23 monitoring season. The Semi- Annual report consists of raw data from the monitoring events covering July 1, 2022 through December 31, 2022. The Semi-Annual report shall be submitted electronically by June 15, 2023 to the Regional Board. Monitoring results and certification will be submitted per Attachment E Part XIV.B.2.a and Part XIV.B.2.b of the 2021 MS4 Permit.
Annual Report
Consultant will populate a draft and final Monitoring Report for the 2021/2022 monitoring season. The draft and final Monitoring Report will provide a certification, summary of the monitoring events, QA/QC, exceedances, and aquatic toxicity monitoring per Attachment E Part XIV.B.2.b through Part XIV.B.2.f of the 2021 MS4 Permit. The final Monitoring Report will be prepared within three weeks of receipt of a single compiled set of draft report comments; electronic submission of the final Monitoring Report is due on December 15, 2022 to the Regional Board. In addition, monitoring results from January 1 through June 30, 2023 will be submitted by December 15, 2022 per Attachment E Part XIV.B.2.a.
Consultant will also with the Group to complete the Annual Report Form. (The Annual Report Form is to be completed by each permittee.) When requested, the Consultant can populate projects to WRAMPS2 to support the Group in tracking new/re-development projects and watershed control measures. Electronic submission of the final Annual Report Form is due on December 15, 2022 to the Regional Board.
Watershed Management Program Progress Report Form
Consultant shall prepare the Watershed Management Program Progress Report Form from the 2021 MS4 Permit’s Attachment H, Section 1. The WMP Progress Report Form will be electronically submitted twice a year: December 15, 2022 and June 15, 2023.
Task 3 – Non-stormwater Outfall Bacteria Study
A monitoring plan will be developed, which will be captured in the CIMP. The Consultant will work with the County and/or Cities for the locations of the outfalls and utilize their GIS database records.
The Consultant will conduct a non-stormwater outfall-based bacteria study in accordance with Attachment E, Section VII of the 2021 MS4 Permit to determine the impact of non-stormwater discharges on the receiving water in aims to comply with the 2026 dry weather indicator bacteria Total Maximum Daily Load (TMDL) in the San Gabriel River, Estuary and Tributaries.
The study will consist of a screening process to identify the flow status of outfalls. Three (3) field surveys will be conducted at all outfalls within the CIMP area to verify flow status; sampling for E. coli will occur if flow is observed. Two additional dry weather monitoring events will be conducted at the outfalls that were previously observed to have dry weather flow; sampling for E. coli will be performed if flow is observed. It is assumed that a maximum of 60 samples will be collected (excluding samples for QA/QC) over the 5 events.
A draft and final report will be written summarizing the outfalls with observed flow.
Based on the outfalls identified, Stantec will begin to perform a feasibility study to identify projects (i.e., low flow diversion) to implement. (These projects will be identified within the Annual Report to be submitted by December 15, 2023 under the contract for the following year.) Task 4 – Nutrients Special Study
As discussed in the Group’s updated WMP, a special study will be conducted to analyze nutrient discharges from the San Dimas Canyon Golf Course. Monitoring for total nitrogen and total phosphorous will be conducted for three wet weather events. Samples will be collected within the San Dimas Canyon Golf Course at the upstream and downstream end of Ham Canyon. A sampling plan will be written prior to the start of the wet season. A draft and final report will be written summarizing the findings and results of the study.
Task 5 – CIMP Update
Within 18 months of the effective date (September 11, 2021) of the 2021 MS4 Permit, or March 11, 2023, an updated monitoring program needs to be electronically submitted to the Regional Board for approval. The Consultant will prepare an updated CIMP to be consistent with monitoring requirements stated in the 2021 MS4 Permit. The CIMP will include non-stormwater outfall-based screening and monitoring requirements (developed under Task 3), stormwater outfall-based monitoring requirements, and receiving water monitoring requirements. The CIMP will also include the results of the test species sensitivity screening and identify the most sensitive test species that will be used for aquatic toxicity monitoring. Recommended CIMP revisions will be discussed with the Group based on the assessment of the water quality of receiving water and stormwater and non-stormwater discharges, lessons learned through implementation of current CIMP, and the re-evaluation of monitoring sites. A draft CIMP will be provided to the Group for a single round of comments that will be incorporated into the final CIMP.
EXHIBIT "B-2"
DELIVERABLE SCHEDULE
Based on the Scope of Work and the level of effort needed to complete all the tasks included, the completions date is anticipated to be March 11, 2023, however additional time may be provided by the City, with a final completion date of June 30, 2023.
EXHIBIT "C-2"
COMPENSATION
Consultant fee estimate for the labor and expenses necessary to complete the proposed scope of work is included in the table below. The total estimated fee for the above scope of work is $2,181,101.70. Consultant services will be charged on a time and materials basis in accordance with the terms and conditions of the agreement. Consultant may re-allocate funds across different tasks throughout the project life with lead agency approval.
Task
Deliverable
Cost
Status
1.0 Task 1 – Project Management, Coordination, & Meetings $40,909.55
Completed
2.0 Task 2 - CIMP Implementation
$313,900.03
Completed
3.0 Task 3 – Special Study at Live Oaks Wash
$10,417.30
Completed
4.0 Task 4 – Watershed Management Plan Adaptive Management $188,910.60
Completed
5.0 Task 5 – SCW Project Development/Submittal
$102,541.75
Completed
6.0 Task 6 – Infiltration Study
$366,439.38
Completed
1.1 Task 1 – Project Management, Coordination, & Meetings $35,025.55
Completed
2.1 Task 2 - CIMP Implementation
$376,483.10
Completed
3.1 Task 3 – As Needed Tasks
$2,724.00
Completed
4.1 Task 4 – Watershed Management Program Maintenance
$45,725.25
Completed
5.1 Task 5 – SCW Project Development/Submittal
$23,264.75
Completed
1.2 Task 1 – Project Management, Coordination, & Meetings $51,930.85
2.2 Task 2 - CIMP Implementation
$458,883.54
3.3 Task 3 – Non-stormwater Outfall Bacteria Study
$52,935.60
4.4 Task 4 – Nutrients Special Study
$40,298.50
5.5 Task 5 – CIMP Update
$70,711.95
TOTAL
$2,181,101.70
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Attachment No. 1
Attachment 1